hrvtrans HUMAN RIGHTS VIOLATIONS, SUBMISSIONS QUESTIONS AND ANSWERS 1997-02-12 CRADOCK 3 MZWANDILE JOSEPH DYWILI https://sabctrc.saha.org.za/hearing.php?id=54996&t=&tab=hearings https://sabctrc.saha.org.za/originals/hrvtrans/cradock/dywili.htm MZWANDILE JOSEPH DYWILI (sworn states) MR SANDI What is your clan name? MR DYWILI Mhlatu Jambas. MR SANDI Thank you. We have a statement before us that you have given us that you got injured and also Henry Qatana. Could you tell us what was happening that day. The atmosphere at the township as well so that we have a picture of what was going on. MR DYWILI It was on the 29th of November 1986, we had a party in a room. One of my friends got out just to walk around the yard. A moment after that we heard a policeman walking around. Siphithiphithi then walked out of the house also to go and see what was happening. After we'd walked out we heard a gunshot. When Henry Qatana also went out to see what was happening we discovered that Siphithiphithi had already been shot and had actually already passed away. When Henry Qatana tried to lift him up to bring him inside we heard a voice asking where we are taking him and ordered us to leave him, whereupon someone shot Henry in the head. I also got out to see what was happening and as I was walking towards the kitchen I got shot in the hand. The ambulance then arrived together with police and took us to the hospital. MR SANDI Who was shooting? MR DYWILI We were being shot at by special constables. At the hospital there was a policeman guarding us. We then sent a report that we don't want him there because we have not done anything. He then left. I was discharged after two weeks and the police came to fetch me and sent me to jail. The third week, after Henry had been discharged, he also was ten to jail. Five of our friends were there already because we were toytoying in the street. We were in detention for three months before we got released but we had to go and sign the charge office, twice a day, in the morning and in the evening. MR SANDI Excuse me is Mike Kob a lawyer? MR DYWILI Yes he was our attorney who helped us out. MR SANDI So you say there are some of those Kitskonstabels that you know by name? MR DYWILI Vuyani shot at us. MR SANDI Vuyani Tyali? MR DYWILI Yes. MR SANDI And the others? MR DYWILI Bhabhatane, Noppeise and Ncamile. MR SANDI Are those people still around in the community? MR DYWILI Yes they are. Vuyani however died in Johannesburg. MR SANDI Was there a court case because Vuyani had shot people? MR DYWILI We were acquited then they told us that he was going to be sentenced in Grahamstown. They just left him to go wherever he wanted to until he ended up in Johannesburg. MR SANDI He was not sentenced? MR DYWILI No he was not sentenced. MR DYWILI Do you get any compensation from the Government? MR DYWILI We put in a claim but they did not respond. MR SANDI Which attorney did you use? MR DYWILI Magqabi. MR SANDI So therefore if we investigate, we can contact them? MR DYWILI Yes. MR SANDI So therefore you're not working any longer because you're ill? MR DYWILI Yes the pellets were never removed from my hand and when I work they bother me. MR SANDI Do you have children and a wife? MR DYWILI Yes I do. MR SANDI How many children? MR DYWILI Two children. MR SANDI Are they at school? MR DYWILI Yes. MR SANDI What do you think the Commission can do for you? MR DYWILI Can the Commission help me support my children and educate them please? MR SANDI Are you getting any form of disability grant? MR DYWILI NO I don't get anything. MR SANDI Is there something else perhaps that you would like us to look at. MR DYWILI If the Commission could please help us with the claim that we put with the attorneys? MR SANDI Were you a member of any political organisation that the police were so much against you? MR DYWILI Yes the UDF. We were all together with Vuyani and them but then they took the job as constables. It was clear then that even then when we were just sitting and having fun it seemed as if we were planning something. MR SANDI What were you in the organisation? MR DYWILI I was just a member. MR SANDI I will hand you over to Mr Chairperson now. CHAIRPERSON We thank you very much Joseph Dywili, your story was very clear. We have noted down your requests and are going to hand them over to our President. That is what we do with requests of all victims who have either been injured, tortured or whose loved ones have passed away. It is up to the President what to do with the requests. Thank you. MR DYWILI Thank you Sir.