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Human Rights Violation Hearings

Type HUMAN RIGHTS VIOLATIONS, SUBMISSIONS QUESTIONS AND ANSWERS

Starting Date 28 November 1996

Location TEMBISA

Day 3

Names MSOLWA SOLOMON DLADLA

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+mkhize (+the +family)

MR LEWIN: Mr Dladla we would like to welcome you. Thank you for coming and thank you for waiting.

MSOLWA SOLOMON DLADLA: (sworn states)

MR LEWIN: Mr Dladla I will lead your evidence today. As I said we are very pleased that you have come to join us. You will be telling us about your son Aaron Sandile and what happened in July 1993. When you feel comfortable, and in your own time please tell us his story.

MR DLADLA: I was sitting at home, I got a call, it was from my daughter to tell me that my son has been shot and burnt. I didn't see anything. I wasn't near the incident. I found him at the mortuary. He was burnt. I recognised him by his foot which was burnt but it wasn't fully burnt. That's all that I know.

MR LEWIN: Mr Dladla could you tell us, this was 1993 was it in July?

MR DLADLA: That's correct.

MR LEWIN: And do you know the, or did people tell you what had actually happened, where was your son when he was attacked?

MR DLADLA: It was in front of Umtemba, next to the BP Garage. They were stopped at that place and then one person got out to shoot them. There was a sister from the Mpanga family, she is around here, she is the one who knows everything about this.

MR LEWIN: You say they were stopped, so were they

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travelling in a taxi at the time?

MR DLADLA: They were in a taxi.

MR LEWIN: I see.

MR DLADLA: They killed all of them.

MR LEWIN: Now you mention the BP Garage, is that the garage that's near the Vusumuzi Hostel?

MR DLADLA: Yes it's near the hostel because it's between Mtumbeka and Vusumuzi.

MR LEWIN: And so was there any suggestion of who had actually carried out this attack on the taxi?

MR DLADLA: I don't know, I didn't see any of them.

MR LEWIN: Do you know how many people were in the taxi?

MR DLADLA: I just heard that only one person got out and shoot. I didn't see anything, I just saw the corpse and everything was burned and damaged and my son was there.

MR LEWIN: Were there other corpses, bodies at the same time?

MR DLADLA: There were many. It was a taxi-load. Only one lady survived.

MR LEWIN: That's Mr Mpanga's daughter-in-law?

MR DLADLA: That is the sister-in-law.

MR LEWIN: Okay. And you say that somebody from inside the taxi got out and fired at it?

MR DLADLA: The one who got out, someone came from somewhere and shot the people in the taxi. He stopped the taxi and shot them. The driver got out and went away and this man got into the taxi and shot the people inside.

MR LEWIN: And having shot them did he then set fire to the taxi?

MR DLADLA: He burned the taxi and got out. He came back and he shot the petrol tanks and it burnt.

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MR LEWIN: Had there been a lot of this type of incident at that type, were there a lot of taxis being attacked?

MR DLADLA: I don't know but I only discovered this one where my son was killed. I found so many corpses in Boksburg mortuary, that's the only thing that I know.

MR LEWIN: Mr Dladla did the police assist you in any way or did anyone else assist you in finding your son's body?

MR DLADLA: It was his elder brother who was told that there is in Boksburg mortuary. Then I phoned him at Boksburg mortuary.

MR LEWIN: Did you make a report to the police?

MR DLADLA: I didn't open a court case because my heart was so painful.

MR LEWIN: Do you know if there was any official investigation into the incident?

MR DLADLA: I don't know whether there was an investigation. I continued with my work, I buried my child and that's all.

MR LEWIN: Mr Dladla can you tell us, I mean you must have thought about this a great deal with a lot of pain, can you think of any reason for this happening? Why did this person attack this taxi?

MR DLADLA: I will never know because the children were still young, they were coming from Soweto. They didn't know what was happening inside. That's all that I know.

MR LEWIN: You mentioned in your initial statement that your son was a member of the ANC, do you think that had anything to do with it?

MR DLADLA: Yes he was a member of the ANC because all of us were members of the ANC we supported the party. He didn't go all over around.

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MR LEWIN: But anybody in the taxi could also have been members of the ANC or not members of the ANC.

MR DLADLA: I don't believe because I don't know most of the people who were there.

MR LEWIN: Mr Dladla I understand that the person who was the survivor is in this attack is actually here today, is that correct?

MR DLADLA: That's correct. This is the Mpanga's sister-in-law.

MR LEWIN: Would you be prepared to come and tell us please. Thank you, could you come up. Please give us your full names.

MS MOGALE: My name is Paulina Mogale.

PAULINA MOGALE: (sworn states)

MR LEWIN: Thank you. Paulina could you, please you've heard what Mr Dladla spoke about, could you please tell us your experience that day in that taxi?

MS MOGALE: It was on Saturday on the 31st of July in 1993. I was with my husband and my first born. We are from home in Soweto on our way to Tembisa. We got on board a taxi at Noord Street in Johannesburg. The colour of the taxi was red. It was at about past five in the afternoon.

When we reached Tembisa entrance at Mtumbeka section, next to the BP Garage we came across a group of men. There were many, I can estimate it at about 100 of them. As we approached these men they came running towards the taxi. When I tried to look on the left side there was a white private car. It had already been burnt. They stopped us. They said to the driver he must stop the taxi. We started screaming inside the taxi. Even children started screaming. We said to the taxi driver please do not stop because they

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were not that close to the taxi. However the driver switched off the engine of the taxi. He took the money bag plus the keys to the taxi. When I tried to look at this men they had already pulled out their guns. I took my child very quickly, hid him underneath the taxi seat. I hid my head underneath the seats. The minute I turned they had already shot my hand. I heard my man saying we are going to die in this taxi. Gunshots were fired. Not knowing whether it was eggs or stone or whatever, you just heard gunshots. They wanted to make sure that nobody would survive. I started praying there and then.

Whilst praying I heard people were already dying. I started praying what I don't know of. Whilst praying they left our taxi. It was clear to them that nobody was alive in that taxi. I heard one man at the back seat of the taxi saying let us get out of this taxi and run away because these people are going to kill us in the car. Then he said let me look for my child. Then I started calling my child Silowane, Silowane, get out of the taxi, let us run away. When I tried to step out of the taxi I tried to pull her legs but she wouldn't come out from underneath the seat because my husband fell on top of me. Even the bag that I had I pressed it on my legs. It had our identity documents and money, everything.

When I got off the taxi I struggled to pull my feet, then I carried my husband. He had already passed away. I pulled his legs out of the taxi. I leaned against the taxi window. They had already shot it. That didn't bother, it fell inside the taxi. I threw my child outside through the window. Inside the taxi there were grandsons to Mr Dladla. They were together travelling with their father. They

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started screaming "sister, sister please help us, do not abandon us". It is true I took them off the taxi, even the brother that I was travelling with. We ran into the veld near to Mtumbeka Section. When we reached that place there was a big hole there, we couldn't jump across or over that big hole. We thought of hiding the children in that hole, or rather throw ourselves into that hole so that we could go to the next site. We did so. After having done that we came across some bushes there. We went through, we nearly disappeared there or missed our road to safety. God help us we found the right route until we reached the houses in Mtumbeka. When I tried to look back where we came from the taxi was already on fire. We knocked at different houses screaming open, open for us, please help us. They didn't open their doors because they were scared also. Because on the other side there were attacks launched on these houses.

Dogs were barking with us. We jumped a lot of fences with these children. I was still bleeding on my hand. Through God's power we met one lady. She said to us she is from the spaza cafe. We begged her to take us into the house with the children. She did so. We asked her to give us a telephone. She asked for a telephone from her neighbours. I phoned at my husband's place. I told them that they must come and fetch us from this lady's place where we were hiding. Their response was that it is quite bad, we cannot. We don't have transport. I slept with my injured hand. These people, the good samaritans washed the children and wiped the blood.

In the morning at about 5 o'clock I asked the lady of that house to accompany me to that taxi that had been burnt yesterday. When we arrived at that taxi I saw these broken

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legs and burnt bones. The taxi was already being hauled away. There was nothing I could do then. What I had to do was to go to the hospital. When I arrived at the hospital they assisted me. The bullet didn't go through my bone. I was discharged the very same day.

After being discharged in the company of my sister I requested her to look for my husband through all these wards. We did so, unfortunately we could not find him. We came here to Rabasotho. When we arrived at Rabasotho we asked from the policemen where my husband was. They said to us we must go to Boksburg mortuary. One of the policemen, however I was confused, I cannot identify that policeman, said they know what was happening but they cannot speak because they are scared. I came back to my husband's place. They decided to go to Boksburg. They went to Boksburg on that Sunday. On their arrival they found that the conditions of these people they were badly burned, they could not identify my husband. They turned back, came home. As they tell us this tale I got hurt.

I emphasise that we go back to Boksburg, maybe there is something that can help me identify him that this is my man. On Monday I woke up and went to Boksburg. I prayed God to give me strength because I have never been into a mortuary. When I arrived there these people have already been packed on the stretchers. I came across one corpse's leg and intestines. We tried to put everything in order. We could not tell whether this was a female or male, you could not tell. What made me identify my husband was a piece of clothing under his arm which was broken in half. His right hand was actually amputated. His legs were broken in half. Some of the ashes of his body were left in the taxi. There TEMBISA HEARING TRC/GAUTENG

8 MOGALE

was also a piece of underwear that I could identify.

The way he was burnt that was the very first time I saw a human being's heart and his or her intestines, by those of my husband. Even today when I pass by a BP Garage I can still remember what happened. That mark there is not easily removed. It reminds me of the incident. That is all I have witnessed. I thank you.

MR LEWIN: We thank you Paulina very much for that story and for coming forward at this time, it must be very painful for you. Can you just tell us, I have just got three questions really. The one is about your child, did you manage to rescue your child?

MS MOGALE: Yes I managed. I was pregnant at that time.

MR LEWIN: So you were pregnant and you rescued your child and for instance Mr Dladla's grandchildren?

MS MOGALE: Yes.

MR LEWIN: How many children were you able to rescue?

MS MOGALE: Three of them.

MR LEWIN: Three. So the four of you were the only survivors from the taxi?

MS MOGALE: Together with the man that I rescued who assisted me to take the children out of the taxi.

MR LEWIN: And you took them out through the back window was it, or the side window?

MS MOGALE: The side window.

MR LEWIN: Which in itself is a story. Can I ask you, you must have thought about this a great deal, why was the taxi attacked, do you think?

MS MOGALE: I do not know because I was from Soweto. I didn't know what was taking place here.

MR LEWIN: You mentioned the other car that you saw on the

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side of the road, the white car that had been burnt or attacked, were there other cars being attacked? Were there other taxis being attacked?

MS MOGALE: Those were attacked before us or after us. Because we only came across one that was burnt and others were stopped after they have burnt our taxi.

MR LEWIN: So there were a number of other cars or taxis being attacked at the same time?

MS MOGALE: Yes it is so.

MR LEWIN: Was there any way of identifying or saying where the people came from who were attacking, these 100 men?

MS MOGALE: I am not able to tell you on that score.

MR LEWIN: And afterwards was there anything ever done to identify this attack, who the people were?

MS MOGALE: Nothing.

MR LEWIN: Have you any idea how many people were finally killed in that whole incident, not just in the taxi, but in the other attacks?

MS MOGALE: I can estimate them at more than 100 there were many at the mortuary. Those who were in our taxi were on the one side and those from other taxis and from private cars.

MR LEWIN: And the other statement that you gave was you said the policeman said that they didn't want to say anything because they were scared.

MS MOGALE: Yes it is so.

MR LEWIN: Can you explain that, why were they scared, who were they scared of?

MS MOGALE: I didn't ask them whom they feared and why they didn't want to speak about the incident. According to me I thought that what was done was a thoroughly planned thing.

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MR LEWIN: Planned by whom do you think?

MS MOGALE: I do not know. I request you to investigate that matter.

MR LEWIN: Thank you. Yes we will certainly do so.

MS MKHIZE: My question to you Mr Dladla at the time when this happened did people know exactly where the taxis were heading to, to different sections? Even you Paulina when you got on board the taxi at Noord Street, did you know who this taxi belonged to?

MS MOGALE: We didn't know.

MS MKHIZE: When you say you saw about 100 people what were they wearing?

MS MOGALE: The one I saw clearly because I didn't want to be seen as they would shoot me on the head, I saw one of them wearing a Municipality overall with the letters "JM". I won't tell lies I could not identify his face. I saw a "JM" overall.

MS MKHIZE: There was something that they said or did you just see them unexpectedly?

MS MOGALE: I only saw them when they ordered the taxi to stop, swearing. I just looked once and then I ducked.

MS MKHIZE: When they ordered the taxi to stop were they speaking a language that you could understand identifying them as people who stay in the location or were they from outside the location?

MS MOGALE: I cannot tell where they came from but they were speaking in Zulu.

MS MKHIZE: Paulina when you say the taxi driver took the money bag and the keys and stopped the car, ran away, do you think he knew what was happening, did this deliberately and run away?

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MS MOGALE: When we went to the police station on Sunday the policeman said the driver was at the police station in the morning, he is still alive. It's like they did nothing to this driver.

MS MKHIZE: On this matter of the driver when he took the money bag and the keys we want to understand what happened when he stopped the taxi.

MS MOGALE: After the driver left the taxi I didn't see where he went because I hid myself in that taxi fearing for my life. Maybe I might get shot. I cannot tell in which direction he ran.

MS MKHIZE: What I am trying to find out here is did he lock the taxi or he ran away or he just walked, why didn't others leave the taxi?

MS MOGALE: He took the money bag and the keys and walked away. He didn't run away.

MS MKHIZE: At that time before you hid yourself, I can understand it was very confusing at that time, maybe some of the people might have thought of escaping from the taxi, what we don't understand is that the taxi driver ran away and the rest of you were seated in the taxi.

MS MOGALE: We were sitting inside the taxi. The way these people attacked us we were not afforded even a chance to do anything whether to open the door or do whatever we might think of. Everybody wanted to shoot at the taxi.

MR LEWIN: Mr Dladla and Paulina I would just ask one final question, was there any newspaper report that you know of that appeared after this incident?

MS MOGALE: I cannot understand the question.

MR LEWIN: After this incident did you see it reported at all in any newspaper?

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MS MOGALE: What I did read was the Monday edition of the Sowetan. There is one man who said he witnessed the incident that there were White policemen. Not knowing whether he is around here, what I am telling you is what I read in the newspaper.

MR LEWIN: Thank you. We can follow up on that. I would also appeal if there's anyone who knows or has come across the other man that you mentioned who managed to escape with you, if you know of him or if anybody else has come across them please ask him to contact us. Paulina if I could ask please before you do leave if you could leave with us your full name and where we could contact you because we will follow up on this.

I would like to thank both of you. Paulina thank you very much for joining us. Mr Dladla thank you very much for coming forward. The story that you tell is another terrible one because it is one of such senseless violence where people for no reason at all, totally innocent people lose their lives and have such an impact on other people's lives, the lives of you and your family. We would like to offer you our condolences. We will certainly follow up as much as we can on this incident and try and get to the reason for why it took place and who was responsible. We would like to thank you very much for coming to join us. Thank you.

 
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