MS BURTON
Order and quiet in the hall please. We call our next witness, Beauty Mtshakazana.
BEAUTY MTSHAKAZANA Duly sworn states
MS BURTON
You are the daughter of the reverent Moses Mcoyana.
BEAUTY MTSHAKAZANA
Yes, it is so.
MS BURTON
You are going to come today to tell us what happened to your late father.
BEAUTY MTSHAKAZANA
Yes, I am going to tell the story where it all started. In 1985 when the struggle started here in Colesberg. My father was one of the comrades here in Colesberg who decided in 1985 who were being harassed by the police and constantly detained. He would be detained for fourteen days. And that went on several times, three times. He was being first at home and detained.
As time went on it became apparent that the reason for his detention it was for him attending the meetings the comrade meetings in the evening. But that was not the truth. But that went on until this very night that they shot him. He was standing at the gate. It was on a Monday. But the one thing that I cannot remember clearly is the date, but I remember it was in July. The children were on a short break at school. They have just written a test. They were just toi-toiing and singing freedom songs.
As they were passing on their way to town on their way back, there were two vans behind them. When they were almost at the clinic, the vans passed them. A yellow and a brown van. At that moment he wanted to stop this children. So they must stop what they are doing, because the police were there already and nobody knew what was going to happen when this police came back.
In reality yes, after they had just disappeared these police then children were almost at my house. The yellow van approached us, followed by the brown one. The brown one was almost at my house gate. We were standing with my father outside. When the police got off the van, I told them he must rather come inside there so that should anything happen, they mustn’t be able to get you. Because as I could see, these police they might shoot.
Whilst I was busy talking to my father, he stopped the comrades so that they must disperse and that’s when they started hitting with teargas and thereafter there were shot of rubber bullets. Then when I said one word, saying that please shoot, here’s the dog and really after having said that, the first rubber bullet hit my father in the leg. And thus he couldn’t move. And there were pellets, they were shooting with pellets as well.
Most of the children were lying in their houses opposite my house on the stoeps. I had already run away, because I was thinking of the small children. I was worried as where they are during the shooting. When I tried to come out of the house, I saw him lying next to the pole. The pole at the gate. When I went out it was the last shot.
The police ran away and they went into the van. Then I took him away from where he was lying and lifted him and some people came as well who was trying to help me, because I was alone at that moment. They took him inside the house and when we got inside the house, when I tried to undress to take his shoes and socks off, the blood was pouring from his legs, because he was shot in both legs. He had a mark near his eye. I think it was struck by a pellet.
There were two comrades at that moment, but unfortunately I didn’t their names in their statements. But there were two comrades who’s seek hiding in my house as well. They were also struck by pellets in their face. They were helped - the pellets were taken out and we looked for a car that could take him to hospital.
And my relatives came as well to come and find out what happened exactly but I just said that we should just find a car to take him to hospital as soon as possible because he was breathing heavily and when we got to hospital, these two vans were already there. And they were standing at the main gate of the hospital. They were saying that they waiting to take these people who have been brought to hospital. We refused to take him into hospital. Then we turned back home with him.
When we got home, there was a lady that we must find some medicine called Sifozonge so that we should put his legs in there so they must stop bleeding. We tried to us that specific herb and we managed to wash him. Then he slept at home.
The following day we took him to hospital. When we arrived in hospital, he was admitted. He stayed the whole week and it was quite clear that the police were going to the hospital constantly. They wanted to shoot him whilst he was lying in bed. Then nurses were forced to try and do something about this. They had to report this to the matron. The matron told the doctors and the doctors requested the police please they must stop visiting during unprohibited hours and harassing the people sleeping there.
They waited from him and when we has discharged, they came to fetch him at night again and they locked him up. When we went to try and see him we were told that we won’t be able to see him. He’ll be appearing in front of the Magistrates court.
And they took him the following day to appear in the Magistrates court and we went there as well. On arrival he appeared in court and he was charged. He was fined a R1 000.00. Boets Gaily paid that R1 000.00. He was a relative. He paid that R1 000.00 and he was released and he we went home. We had to get a lawyer so that he should help him in this problem.
We managed to get a lawyer from Grahamstown by the name of Mpati. He handled his case. He was someone to go to Grahamstown so that he can appear in court.
The police who were there at that moment was Mfengwane and Stompie and Van Huyssteen. Van Huyssteen was in charge of the police there. Some of them I couldn’t identify then because there were too many policemen there. The case went on. Thereafter we came back home. We hired a car to go to Grahamstown and that car was Mr Golden’s Because he was his witness in Grahamstown.
On arrival back from Grahamstown, his health was never stable. I was take him to different doctors. The doctor he frequented was doctor Joubert. I was taking him to this doctor all the time. Sometimes he used to lie in bed for three months. He said he can hardly use his legs. He had to use crutches and when he passed away I had to take him to the doctor, but the doctor said there was something wrong with him, something poisonous and therefore he’s got to be taken to Bloemfontein.
We took him to Bloemfontein and he was in hospital in Bloemfontein. He only the spent the Thursday in Bloemfontein and on Friday morning we got the call that he passed away. That’s the end of my statement.
MS BURTON
Thank you Ms Mtshakazana. There are several questions that we want to ask, but first of all I would like to just say your father you say was a leader of the comrades and yet it also seems that he was a moderating influence on them in that he was trying to get the young people to not to enter into a conflict with the police and to disperse and yet while he was doing that, the police in fact moved against him.
BEAUTY MTSHAKAZANA
Yes, it is so.
MS BURTON
Now, when after he had been injured and came out of hospital, he was arrested and what was the charge?
BEAUTY MTSHAKAZANA
The reason why he was arrested is because he was holding meetings. Running away with this children, the reason why he was shot, the statement that they gave in Grahamstown is that they found him running with these kids in front of Pep stores. And they had his shoes as well that they kept with them. Because they were asked that they said they must please check if these shoes were belonging to someone who was shot while standing or while he was running and as they could not answer, because the shoes were not there.
MS BURTON
Thank you. And then you said that he had to pay a R1 000.00 and that a relative paid that before he could set free. Do you know whether that was a fine or whether it was bail.
BEAUTY MTSHAKAZANA
They said it was a bail.
MS BURTON
Our investigators have followed up your statement and they have been able to find the medical records which confirm what you told us about the bird shot wound in your father’s legs. And they have also told us about the case that was brought against your father. And they say that in the case, the Judge concluded by saying that it had been a disgrace that the police not only assaulted him, but also arrested and detained him and caused him to be prosecuted on a trumped up charge. You suggest that you still have some concern about the cause of your father’s death. Could you also tell us when it was that he died.
BEAUTY MTSHAKAZANA
My father could hardly walk, to the extent that he could tell us that, he told us that these things in his feet are troubling him. There were times when we had to bring him cold water to soak him feet in there. Because he said that his feet were very hot and the cold water relieved the pain.
MS BURTON
That was for quite a long time after this had happened.
BEAUTY MTSHAKAZANA
Yes, it went on for some time, because this happened in 1985. The shooting incident was in 1985.
MS BURTON
And when was it that your father past away.
BEAUTY MTSHAKAZANA
He passed away in April.
MS BURTON
This year?
BEAUTY MTSHAKAZANA
Yes, this year.
MS BURTON
Thank you. I want to see whether my colleagues have any more questions they want to ask you.
MS SEROKE
Beauty, in your statement here, your lawyer Mr Mpati, he launched a civil claim and there was a settlement of the amount written here, but he’s never received it up to date.
BEAUTY MTSHAKAZANA
Yes, it is so. He never got the money. Did you make means of finding out from the lawyer and what is he saying.
BEAUTY MTSHAKAZANA
We tried to write a letter to the attorney, but it became quite apparent but it happened that he’s an advocate now. He can not help us in this matter. He referred us to another woman who took his place. But then this woman claimed that she’s got nothing, she knows nothing about the statement and in that way we gave up, because we didn’t know who to turn to for help.
MS SEROKE
Thank you.
MS BURTON
Ms Mtshakazana, we have noted the detail about the claim that you have not received. I am not sure whether something can be done, but we will investigate to see whether that can be followed up. We thank you for coming to give us your testimony today and we express to you our sympathy on the very recent loss of your father and of the considerable suffering he had over the years. Clearly you were close to him and you took care of him, so I hope you will find some comfort in the memory that you did all you could to look after him. We thank you very much. I don’t know whether there is anything else you would like to say to the Commission.
BEAUTY MTSHAKAZANA
Can I ask one question please. Having this after this my mother is left alone and I’ve got my own family. She’s got nobody who is looking after her. Yes, she is a pensioner, but that’s not sufficient what she is getting. Isn’t it possible for the Truth Commission to help in this regard. To help her as someone who suffered the loss. I don’t have a problem, because I have my own family, because she used to survive with my father’s pension as well. Now she’s not getting that income anymore, because my father has passed away.
MS BURTON
Thank you Ms Mtshakazana, we take note of your request on you mother’s behalf. As I explained before, the Truth Commission itself, does not have any resources to make financial payments or settlements or assistance, but we do have the capacity to make recommendation of what should be done and even where necessary, to take urgent action where people are in need. So we will take note of your request and see what can be done. Thank you very much.
BEAUTY MTSHAKAZANA Thank you.
