hrvtrans HUMAN RIGHTS VIOLATION HEARINGS 1996-04-24 HEIDERVELD 3 CT/00500 EZRA EM MASEKO [son] PHYLLIS MASEKO KILLING https://sabctrc.saha.org.za/hearing.php?id=55172&t=&tab=hearings https://sabctrc.saha.org.za/originals/hrvtrans/heide/ct00500.htm DR BORAINE: You can hear my voice? MS MASEKO Yes I can hear everything. DR BORAINE MS MASEKO Yes I am all right thank you. DR BORAINE PHYLLIS MASEKO Duly sworn states DR BORAINE Thank you very much will you be seated please, now Ms Burton. MS BURTON Thank you Alex, welcome Ms Maseko I am glad to see you here. MS MASEKO Thank you. MS BURTON And you have family members here with you, welcome to them too. MS MASEKO Yes there are. MS BURTON The year 1985 and especially the second half of 1985 was a very turbulent time in Cape Town. You remember those years. MS MASEKO Yes I remember them clearly. MS BURTON Now in August there was the Pollsmoor march and many people were caught up in that, do you remember that? MS MASEKO No I am not quite sure about that Pollsmoor march. MS BURTON But can you remember that there were many things that happened in those months, many meetings and rallies and also many funerals. MS MASEKO Yes I do remember that, but most of the time I was at work at Sea Point, I use to leave early for work. MS BURTON Thank you, now on the 21st of October of 1985, your son Ezra Emmanuel Msimelelo Maseko was shot dead, he was only 15 years old. Sorry I interrupted you. MS MASEKO MS BURTON Will you tell us what you know of what happened on that day. MS MASEKO On the 21st of October I left my children at home and was on my way to work, I told them not to go to school because there were riots at that time. They were at their peak during that time at Langa and Khayelitsha. I told them not to go to school at that time, because they were going to [indistinct] at Langa and a Mr Gobo who was the principal. MS BURTON [indistinct] at that time? MS MASEKO I was working at Sea Point, but we got a house at Khayelitsha coming from Guguletu. MS BURTON [indistinct] your children were living in Khayelitsha. MS MASEKO MS BURTON On - on that day you told them not go to school because it was too dangerous. MS MASEKO And the person who got the telephone call was my boss Ms Davidson. She - she said I must take the phone, the I wanted to find out what was happening at Khayelitsha they told me that I must come back quickly to Khayelitsha because my children were being taken to the police station by the police. Immediately I took a bakkie who was one of the caretakers I asked him to take me to Khayelitsha quickly. When I got there, there were many people in the streets and in my house. I shouted for Thembila who is one of my children. She responded from the next door, I asked where is Misimelelo, she told me Misimelelo has been shot. So I asked where was he shot, she told me she was - he was shot here in the yard, in the premises. So I was told to go to the police station at Khayelitsha. But that time they were not taken to the police station yet. I went to the police station at Khayelitsha with the bakkie, when I got there, there were two doors at the police station, there was a door for blacks and another door for whites. While I was still waiting, crying, some of the nurses coming from next door came to help me, they gave me some pills and water. So I went back to the driver of that bakkie that brought me here to leave, I told them to leave back to work. Now after 20 minutes the ambulance came - arrive. I came closed but they push me away, they drag my son out of the van and they threw him on the floor. In the following morning, I was told that my son is in Salt River in the mortuary. I went to this mortuary, I saw my son, now he was wearing white clothes, he was in the ice. I was given his clothes, some ANC members come to my house and I told them this. And I told them about [indistinct] mortuary in Guguletu where it was dealing with the ANC. I told my family this story, I told them that the police are telling me not to bury my child on a Saturday. Because at that time there were six funerals on a Friday, on a Saturday I am sorry and my child now was one of those, he was now the seventh. MS BURTON Do you know who were the people who shot your son? MS MASEKO The people were there, by the - the police were - two policeman were there by the time - the time they were in the Court at Wynberg, Magistrate Court, was Mr Kenneth du Plessis, and Sidwell Tembile Mayongo, they were both policemen at Khayelitsha. MS BURTON Thank you there was - there was an inquest that was held into the death of your son and at the inquest Constable Mayongo said I will read what he said: As I chased some of them around the houses, a few stood still and one of them threw a half brick at me. As he was about to throw the second brick, I shot at him with bird shot. I tried to hit his upper legs, but had to dodge stones at the same time. He fell and the others ran away, I managed to grab Maxwell Sotyanya and EM Maseko was wounded on his left arm and chest in front. Do you believe that, that is a true account of what happened that day? MS MASEKO This other one from the D-Section went next door and hid there under a taxi, and the other one came to - came to my house to hide in. When he tried to jump over the fence to the next door, Mayongo was shot now. And when he fell, he - this policeman came and turned him over and shot him again, finished him off. MS BURTON MS MASEKO My child here next to me, told me this and she was there as well. MS BURTON They said that your son had stones or bricks in his hand, was that true? MS MASEKO MS BURTON You - your family was represented by some lawyers at the inquest, do you remember those lawyers? MS MASEKO The lawyers that we went to at Athlone were Mr Adam and Mr Chetsy, Mr Wilkenson, Joshua and Kwala. MS BURTON Thank you, would you be satisfied if we were to go back to the lawyers and ask for more details as we follow up the story. MS MASEKO In the Court they said to me, now I said to them I know the whole Mayongo family I am going to call them to come and testify that Mayongo killed my son. Kenneth du Plessis said if there is anything that has happened to the Mayongo family, my whole family now will be destroyed. When I - we went back again, Kenneth du Plessis was holding the door and he was preventing anyone from coming in. MS BURTON Kenneth du Plessis threatened you if you - if anything were to happen to the Mayongo family? MS MASEKO Yes he said if there is anything that has happened to the Mayongo family, my family he will destroy my whole family. MS BURTON Was that in the Court at the inquest that he said that? MS MASEKO Yes he said that in Court, we were going out of the Court at that time. I asked him how can this case be dismissed like this, and now my lawyers just told me no, we also belong to the Government you need to bring more witnesses, there is nothing we can do as lawyers. MS BURTON So mamma Phyllis what you expect that the Truth Commission can do for you and your family? MS MASEKO My wish is that if there is anything that you want to do is to please educate my children so that they can be some - somebody in this world. MS BURTON How many children do you have? MS MASEKO At the moment I have two - who is doing std 8. MS BURTON Is that three children that you have? MS MASEKO And [indistinct] is doing - there are two - Felicity [intervention] MS BURTON Felicity is this one, your daughter here with you. MS MASEKO Yes Felicity is the one next to me right now. MS BURTON Would it be acceptable to you if we try to establish the truth of what really happened? MS MASEKO I will be satisfied very much. MS BURTON Thank you. MS MASEKO Thank you. MS BURTON If any other Commissioners want to ask any questions. CHAIRPERSON Are there any others with questions, Glenda Wildschut. MS WILDSCHUT Having seen your child after the shooting, must have been very terrible for you, how has - how has your life been since that incident - how have you been feeling? MS MASEKO This hurt me very much because my son was quite helpful around the house, especially on Saturdays, he use to have casual jobs on Saturdays, even in the house, he was my right hand, my heart was quite broken at that time. I have a great vision for my son. MS WILDSCHUT Do you think about him a lot now? MS MASEKO MS WILDSCHUT Thank you. CHAIRPERSON Mamma is she Felicity your daughter, would you like Felicity also to make a statement or no? MS MASEKO MS BURTON MS MASEKO Thank you. CHAIRPERSON Thank you very much mamma we hope that we will try by all means to satisfy you. MS MASEKO Thank you sir. CHAIRPERSON Thank you.