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Human Rights Violation Hearings

Type HUMAN RIGHTS VIOLATIONS, SUBMISSIONS QUESTIONS AND ANSWERS

Starting Date 05 June 1997

Location WITBANK

Day 1

Names MRS EVAH FAKU

Case Number JB2138

DR RANDERA: Can I welcome the Right Reverend Bishop Inkomishi from the Catholic Church. Welcome to you, Sir. Good morning Ma’am. Can you first tell us, is it Mrs Faku or Fako?

MRS FAKU: Faku.

DR RANDERA: Faku. Thank you. Mrs Faku, welcome. Would you please introduce the people who are with you this morning?

MRS FAKU: This is my sister. This is the deceased child behind me.

DR RANDERA: Welcome to all of you. Mrs Faku, you too are from Witbank. You’re taking us back to 1985 when Elsie Nonhlanhla Faku was shot and died subsequently. Miss Hlengiwe Mkhize is going to be helping you as you tell your story but before you do that, can I ask Mr Malan to help you with taking the oath please. Can you stand.

MR MALAN: Mrs Faku, will you please swear that the evidence you will be giving will be the truth and only the truth? Say, so help me God.

MRS EVAH FAKU: (sworn states)

MR MALAN: Thank you very much. Please be seated.

DR RANDERA: Miss Mkhize?

MISS MKHIZE: Mrs Faku, we welcome you. Can you hear me?

MRS FAKU: Yes, I can hear you.

MISS MKHIZE: I would like you to explain you story. Please feel free. The Commissioners will help you to give your evidence. As the Chairman has already mentioned, you are here to talk about your daughter, Nonhlanhla. Can you please tell us her age as well as whether or not she was politically involved at the time? Just give us a picture of what kind of person she was.

MRS FAKU: She was about seventeen years old. She had a child and this is the child behind me. This child was one year old at the time. I don’t know much about her political involvement because sometimes you might or might not know about your children’s’ involvement at their early ages. I was at work. When I came back from work some people came towards me and told me that Nonhlanhla has been injured. I asked then where she was. They said she was at Doctor Kani. I said that the doctor will take care of her and if she is seriously injured, the doctor might take her to hospital.

MISS MKHIZE: You can take off the earphones.

MRS FAKU: I said to them, Doctor Kani will take her to hospital if she is seriously injured. My younger sister came, not the one presently with me, and said we better go and visit her and I told her that I’m still waiting for my husband because he used to knock off past five. Later we went to Doctor Kani. When we arrived, we found her lying on the floor. Doctor Kani and his wife were at the surgery. When they wanted to take her to hospital, we were told she died. I picked her up to see how she was injured. When I tried to let her sit, she started crying and the blood was oozing through her nostrils. She was vomiting blood. We also saw some substances in the blood. As the blood was oozing from her back as well, they held her. My husband looked at her but he did not feel well and had to get outside. Later he came back and the police arrived. They took her to the mortuary. After that we started making arrangements for the funeral. We thought we would bury her on Friday but we decided to do it on Saturday. We managed to, after the funeral we had to get a lawyer from the Government who helped us and we didn’t pay anything. We went to court. The court hearing lasted for about two days and the police denied that they shot her. We went to the mortuary and they investigated, or they did something like a post-mortem and they discovered that she still had some cartridge substances in the body.

MISS MKHIZE: Thank you for your story. In order to help you give us a clear picture of the story, I’m going to ask you some questions. As you said, you were called by one lady to tell you that your daughter is in hospital. In your statement it’s written that children were stopped from going to school by the police on that particular day. Briefly explain to us what was happening at that time.

MRS FAKU: I don’t know because I was at work. I didn’t know that the children were stopped from going to school but I will say that it was the time that police were running around the location.

MISS MKHIZE: When you arrived at the surgery, there were many children there?

MRS FAKU: Yes, that’s correct.

MISS MKHIZE: Do you remember how many children were at the surgery and what was their condition? Do you know if any people died and if so, how many?

MRS FAKU: I think there were three that died on that particular day. One of them was mine. The Diani child died at her home because they passed, shooting, she was hit and died. I would say there were three who died on that particular day. The others were just being attended to by the doctor.

MISS MKHIZE: I would like to ask you some further questions in order to get a clearer picture as to the situation and the time she got shot. You said you are not sure about the children who were involved themselves in demonstrations, however if something happened in a township, there’s normally a rumour. I’d like to find out whether you yourself ever heard any rumours from the community regarding what was happening. Were there children singing, were they fighting? Was there some stone throwing? After such incidents, there should be some rumours.

MRS FAKU: I heard that the children were marching and she was also in their company and that’s when she got shot. I wasn’t there personally.

MISS MKHIZE: Maybe if you try to remember the way in which you buried her, did the people, tell us about the people who came to the funeral. Was it attended by the fellow Comrades who were also involved in the march?

MRS FAKU: I would say there were many children at the funeral because when we were transporting her to the funeral, there were so many people that we had some taxis and buses conveying the people. I would say there were many children.

MISS MKHIZE: Maybe I should take you back to what they said. Was there any conflict between the police and the children or was it just the police who were marching around and shooting at the people?

MRS FAKU: I didn’t hear anything about that. I just saw the children who were injured. I don’t know what was happening at the scene. I was also so confused that I couldn’t think much about that because it was such a terrible time for me.

MISS MKHIZE: Maybe you can further explain to us about the court case. Did you get any help from political organizations or from the South African Council of Churches?

MRS FAKU: No, we didn’t get any help. We were working closely with one of the lawyers provided by the legal aid.

MISS MKHIZE: What was the main aim, what was the problem? You said you had to exhume the body of the child. What was the problem?

MRS FAKU: Yes, we were not in agreement. Some people said they didn’t shoot, or find the child, so the court said we have to exhume the body in order to investigate further. It’s then that they had to find the other evidence that I’ve just related.

MISS MKHIZE: After she was exhumed and it was discovered that she was shot, did you have any progress in the matter?

MRS FAKU: No, we didn’t.

MISS MKHIZE: In your statement you said, someone agreed that he shot her. When did that happen? Was it in court?

MRS FAKU: Yes, it was in court. There were twelve policemen and the eleventh one said, I did shoot the child twice.

MISS MKHIZE: Did the court try to help you by asking questions as to why he shot the child?

MRS FAKU: He gave evidence that the child was holding a hand grenade and the Prosecutor asked him, how was she holding this hand grenade? He couldn’t explain. After investigating everything it found that he wasn’t injured in any way that could show any sign of a hand grenade having exploded so it couldn’t be proved that she had a hand grenade.

MISS MKHIZE: I would like to thank you. I’ll hand you back to the Chairperson. Maybe the other Commissioners could help you by asking some questions.

DR RANDERA: Mr Malan?

MR MALAN: Mrs Faku, in your statement and also in your evidence here you say when you met with your child in the hospital on the floor, she was bleeding all over and that she had many wounds. Can you just again tell us about those wounds and the nature of them?

MRS FAKU: There were just holes, bullet holes.

MR MALAN: But you say there were many holes.

MRS FAKU: Yes, all over the body. From the top of the shoulders at the back, there were holes, big holes.

MR MALAN: Can you tell us how many holes you saw? Can you remember? Were there a lot of were there a few? I’m sorry that I’m asking this very difficult question but you tell us that the policeman said he shot her only two times. Did you see more holes than two holes?

MRS FAKU: There were many holes. As I’ve explained before they were stretching right from the shoulders down to the buttocks.

MR MALAN: Do you have any closer information for us as to perhaps a case number or who the policeman was. Was it a criminal case or was it an inquest? Do you have any documentation at home that we can look at?

MRS FAKU: I no longer have those papers but there is this White man who was the investigating officer from Pretoria. I just forgot his name.

MR MALAN: Once you remember the name, I would be very pleased if you could tell one of our people so that we can contact the individual to find out really what other information is available to us. Thank you. No further questions.

DR RANDERA: Mr Lewin.

MR LEWIN: Mrs Faku, could I just take you back to what you said about the situation in the township at the time and where you mention that there were a lot of police running around the township. Were there other people being killed? Were there instances either of police being killed or of Councillors being killed at the time, that you know of?

MRS FAKU: I don’t remember but things were bad in the township. There were a lot of police and soldiers patrolling the township.

MR LEWIN: We’re just trying to get to the background as to why there was that police presence there. Why had they come into the township?

MRS FAKU: The people were furthering the struggle in the township.

MR LEWIN: In what sort of way though?

MRS FAKU: I was always at work so I wouldn’t know exactly what they were doing during the day.

MR LEWIN: But you say they were furthering the struggle. Can you give us any example of what was actually happening?

MRS FAKU: I personally don’t know anything as I said. I was always at work even when my child was shot I was work. I only heard about her when I was coming back from work.

MR LEWIN: Did the children talk at all about what they were doing?

MRS FAKU: About what do you mean?

MR LEWIN: About what they were involved in, in terms of quote, "the struggle".

MRS FAKU: I didn’t hear anything because as I said, things were bad in the township. I said police were coming and going in the township so I didn’t know what was happening.

MR LEWIN: Thank you, Mrs Faku.

DR RANDERA: Miss Mkhize?

MISS MKHIZE: Just to take you back, you said your daughter left a one year old daughter behind. Can you tell us more about this daughter. How old is she? Is she attending school?

MRS FAKU: She’s attending school. She’s the little daughter behind me. She’s doing Standard Five but I have some problems because I only get one hundred rand a month and there are so many needs that I have to fulfill considering the future. However, I cannot afford because at the moment I’m not working and my husband passed away as well because he was affected by the death of his daughter in 1986. I’m not working at the moment so I have difficulties. My granddaughter really likes schooling but unfortunately I cannot help her.

MISS MKHIZE: Is she the one at the back between the two ladies?

MRS FAKU: Yes, her name is Florence.

MISS MKHIZE: Is she still at school? What kind of a school is she at? Is it a public school in the township or is it a private school in town?

MRS FAKU: No, she’s at Vuma in the township. She would have like to have gone to town and study there but unfortunately we couldn’t afford it because the situation is not that good as I’m not working.

MISS MKHIZE: Thank you.

DR RANDERA: Mrs Faku, is there anything else you wish to say?

MRS FAKU: I would like to ask the Commission if it would be possible to help my granddaughter.

DR RANDERA: ..... can be deciding on a policy for reparation and of course you will before then from us but to-day I just want to empathize with you on the loss of your daughter who was only seventeen years and I can see how upset your granddaughter is behind you, to have lost her mother at such a young age. She was one year of age at the time. I hope that by her coming here to-day she has learnt something about her mother and what was happening here in our country at the time. We will come back to you in terms of whatever reparation is going to be possible for you, for the loss of your child. Thank you very much.

 
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