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Human Rights Violation Hearings

Type 1 S B MSIZA, HUMAN RIGHTS VIOLATIONS, SUBMISSIONS QUESTIONS AND ANSWERS

Starting Date 14 August 1996

Location PRETORIA

Day 3

Names SIMON BOYIZELI MSIZA

Case Number JB00788

DR BORAINE: Thank you very much. Please be seated.

MR MSIZA: Thank you.

DR BORAINE: Now before I hand you over to Mr Ally, you can hear my voice clearly?

MR MSIZA: Yes.

DR BORAINE: Excellent. Mr Ally.

DR ALLY: Good day to you Sir. You are also coming to speak about what happened on that day, the march, 21st of November 1985. Both you and your wife were part of that march and your wife was killed. Do you want to tell us what happened on that day?

MR MSIZA: On the 21st in 1985, the 21st of November, there was a stay-away action in Mamelodi in connection with the rent issue. All Mamelodi's people had not gone to work because we wanted to discuss the rent issue, but all the residents decided that we were going to the office. Before people even got there more than 1000 police, there were more than 1000 police. We got there and we gathered and I could see that there were many policemen and I moved a bit. I told them that there were many policemen and there were many people as well. Before the memorandum could even be handed over we heard helicopters overhead. The Mayor, Mr Ndlazi, said that he gives us five minutes. Before a minute had even expired they started firing teargas at us and we started PRETORIA HEARING TRC/GAUTENG

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running away. My wife was also part of the crowd. They did not shoot her at the hall, they shot her approximately one and a quarter kilometres away. The Hippos moved around the place like rabbits. They shot her behind the stadium.

Thereafter we tried to bury them, we tried to bury them and we buried them in December, on the third of December. When we buried them, after we buried them, approximately 1985 and 1986 a trial, the trial started in 1987 at Pretoria North Magistrate's Court. The trial continued for four years, 1987, 1988, 1989 and 1990. August the trial was finalised. When the trial was finalised in August we were told that the case is being referred to the Supreme Court. We did not receive any response from the Supreme Court or any message telling us what was happening with the case. We did not receive any message telling us to come to court because the Attorney-General is supposed to inform us to go to the Supreme Court, but we did not go.

In 1992 I consulted Mr Matlala, the attorney, wanting to know, because we have waited for such a long time, what is happening with the case. Are we not going to the Supreme Court and Matlala said that the Attorney-General has not responded yet. I said, after such a long time and he said, no, he has not responded yet. Be that as it may, we received papers from Attorney Mohabe saying that we should come and get R1 384,00. I went to Mohabe's office and wanted to know what was the R1 384,00 for and he said that it was funeral expenses. I said, I did not apply for funeral expenses, I wanted to know what killed my wife and what happened. Why did she have to die, why did they shoot her, what did she do? Did she steal or what has she done? I did not see Mr Mohabe sending any of his assistants to

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come and tell me that he knows, sent his assistants to come and give me this cheque. He did not call me in to speak to me. I took this cheque and sent my child to go and pay his school fees at Soshanguve because the, my partner who was helping me in life they had killed and because I owed school fees. Tell the police to come back and shoot me as well.

Thereafter, after the court case the policemen kept on coming to my house saying that they wanted ANC documents, accusing me of being an ANC member and saying that they were looking for ANC documents. They ransacked my house. My and they searched the house and then I said that we were not going to starve to death. Then, hence I want to ask the Truth Commission because I want to know about the R1 384,00 that they considered to have been the funeral expenses. Can you bury somebody on that amount of money? I just cannot get to the word now. I want them to investigate as well as the State is concerned that the State issued, whether the State issued R1 384,00 for the, to compensate me for the death of my wife because I have suffered for years with small children as a single parent. They broke my diningroom furniture and broke down my doors and they hit my child looking for these ANC documents in my house.

CHAIRPERSON: Thank you.

DR ALLY: Thank you Sir. If I could just ask you one or two questions. This march was, the protest action was organised by the Mamelodi Civic Association.

MR MSIZA: Thank you.

DR ALLY: Were you or your wife or both of you involved in the executive of the Mamelodi Civic Association? What was your relationship.

MR MSIZA: No, no.

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DR ALLY: You were just ordinary members?

MR MSIZA: No.

DR ALLY: Not even members?

MR MSIZA: No.

DR ALLY: You responded to the call to go and march.

MR MSIZA: Thank you.

DR ALLY: And on the day of the march you said there was a stay-away. Now was this stay-away, was it widely supported or were some people, did some people want to go to work that day and they were prevented from going to work? Can you just tell us a little bit about the stay-away and how it was organised and how people responded to it?

MR MSIZA: The march was a matter of force. Everybody must go there.

DR ALLY: Were people ...

MR MSIZA: Everybody was forced to participate in this march because everyone was paying rent and the rent was far too high.

DR ALLY: Now you say that the police were there from early already. So the police must have been aware that something was going to happen on that day because you say that there were a fleet of police cars. You mention over 1000 police already from the early morning. So they must have been aware that something was, so this was something that was planned a bit in advance or did it, how long did it take to plan this, this march?

MR MSIZA: The march of the 21st? It was planned because it was planned by the Civic.

DR ALLY: Now you say that, and I am reading from your statement. You say I also took part in the march, but I surrendered when I realised there was a fleet of police

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vans. In other words you broke away from the march. Now why did you do that? Did you sense that something was going to go wrong or was there something in the, something that gave you a feeling that maybe there was going to be violence, that you broke away from the march?

MR MSIZA: Thank you. I could see that Pharaoh's army had arrived and they were well armed, all of them. That is what made me say that, hey guys, let us leave here because I can see that something is going to happen here because Pharaoh and his men have arrived, Herod and his men have arrived, let us run.

DR ALLY: And did other people also leave with you? Did other people feel the same way or did they continue with the march?

MR MSIZA: They did not continue because just when they got there, before they could even hand over the memorandum to the Superintendent, they started shooting at us.

DR ALLY: Now, the previous witness and you also mention the name of Bernard Ndlazi, the then Mayor of Mamelodi. What was the relationship of the community to this Mayor before the actual march? Was there any other confrontation before this march with this Mayor?

MR MSIZA: No.

DR ALLY: How did the community feel about him? Was his house ever attacked or was he ever told that he must not be the Mayor? What was the feeling of the community towards him?

MR MSIZA: They did not want him anymore because the rent was far too high and we could not afford it anymore.

DR ALLY: And this Mayor, where is he now? Bernard Ndlazi, is he still in the community? Is he still in Mamelodi?

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MR MSIZA: Yes, he is still in Mamelodi.

DR ALLY: Thank you very much Sir. No more questions.

MR MSIZA: Thank you.

CHAIRPERSON: Thank you. Any further questions? Tom Manthata.

MR MANTHATA: Has Bernard ever apologised to the community of Mamelodi after that incident?

MR MSIZA: No.

MR MANTHATA: Thank you.

CHAIRPERSON: Any other. Wynand Malan.

MR MALAN: You say that it was compulsory to participate in the march. Is that correct? You were forced to do it. What would have happened if you had not gone. What would have happened if you did not go, if people would have stayed away?

MR MSIZA: Nobody knows.

MR MALAN: You also, well we will ask everybody. Maybe we can find out from some who could know. Could I ask you a follow-up question to this.

CHAIRPERSON: Order please.

MR MALAN: You say you withdrew from the march, you surrendered as you say in your statement before it got to the Municipal offices, I assume. Did you go back to your home?

MR MSIZA: No, I did not go back home because after I went and I found out that my wife had been shot I did not stay there, I went to there. I went there and I found that she had been shot thrice in her back.

MR MALAN: I am not sure, in your statement you say that the march was on, your wife was a participant. You say you saw the police and the fleet of police cars and you say then you PRETORIA HEARING TRC/GAUTENG

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surrendered. Can you just explain that?

MR MSIZA: When they started shooting I had already run.

MR MALAN: So you only left when the shooting started? Is that so? Did you only leave when the shooting started?

MR MSIZA: I ran away when they started shooting. We ran up the mountain because the police and ...

MR MALAN: Thank you very much.

MR MSIZA: Thank you.

CHAIRPERSON: Even if we laugh we know that we are laughing because we do not want to cry and when you also tell the story you tell it with a bit of humour such as you ran and they started shooting and hitting, but we do not laugh because we are laughing at you, we are laughing with you because our hears are also sore because of what you are telling us. You are telling us something very painful. Telling us that your wife had already died, she had been shot in her back and you raised your child on your own. It is difficult to console a person yet we must try and say that one should try and hang in there no matter how hard it may be. Even though it is difficult we know that things will get better in time and that she paid the price for our liberation which we are enjoying today. We know that today we have, we are reaping the fruits of what we sowed back then and we hear what you are saying when you say that it took you many years, it was years before there was even a trial and that nothing became of that case.

We will try and investigate to establish what happened and also find out about this amount of R1 384,00, try and establish what this money was for, why they said they were giving you this money. If they said that it was funeral expenses, somebody that had been buried back then should now PRETORIA HEARING TRC/GAUTENG

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be such, this pittance should compensate for the life of somebody or alternatively if there was more money that was compensated and if somebody else maybe took some of the money. We will investigate all those possibilities, but we thank you for having come, to come and share your pain with us.

MR MSIZA: Thank you very much Archbishop.

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