hrvtrans TRUTH AND RECONCILATION COMMISSION 1996-04-25 HEIDERVELD 4 https://sabctrc.saha.org.za/hearing.php?id=55174&t=&tab=hearings https://sabctrc.saha.org.za/originals/hrvtrans/heide/ct00505.htm CASE NO: CT/00505 VICTIM: MZIMKHULU JOHNSON NATURE OF VIOLENCE: KILLING TESTIMONY FROM: RICHARD PHIKANI MADODOMZI KAMA DR BORAINE Okay thank you very much indeed, I would like to welcome all three of you here to this hearing and once again to express our appreciation for giving time to share with the Commission and indeed with the country. Some of the things would have been happening so that we can have as best a picture as possible of the developments in our own country. I understand that you will be telling us about the death or killing of your brother in law. MR PHIKANI Yes. DR BORAINE Thank you, could I ask you before telling us your story first Mr Phikani if you will stand please for the taking of oath. RICHARD PHIKANI Duly sworn states DR BORAINE Thank you very much indeed, and Mr Kama. MADODOMZI SHEPHERD KAMA Duly sworn states DR BORAINE DR RANDERA I am going to start with you, welcome [indistinct] MR KAMA Mother-in-law. DR RANDERA To her as well, Madodomzi if you can first of all tell us something about Mzimkhulu, who he was, where he lived, whether he had a family, brothers, sisters please. MR KAMA And then Mzimkhulu stayed with us when he dropped out of standard 9 I believe. He worked and subsequently he decided to go back to school to do standard 10 at the beginning of 1991. At that time he was staying with my other sister-in-law while doing his studies. Then whatever happened on the day I got to know from Richard when I was called to Groote Schuur in the morning. DR RANDERA Okay thank you. Richard perhaps you can tell us what happened on that day. MR PAKANI I stood up and I went into the room that was used as a meeting venue. I wanted to - I tried to find out what was happening. When I got in there I met Mzimkhulu going out, there was a girl who was student, she was part of this meeting and she was pregnant. She was lying on the ground already dead. So I ran out trying to look for help, by this time I met Mzimkhulu he was already outside on the grass I asked him Mzimkhulu what happened to you. He said no nothing happened to me so I just passed them. On Monday morning I went to the police station at Site B where I gave them the statement. I told them - they told me that they were going to be called again, they never did. Thank you. DR RANDERA Thank you very much - [indistinct] you can continue the story now. MR KAMA I received a telephone call from him on this morning of - the Sunday the very same morning Mzimkhulu was suppose to take a bus home because the school were closed they had finish their exams. On arrival at Groote Schuur I saw Richard the witness as he is putting it. So we approached the Mahlubi Undertakers, Mahlubi Undertakers did accept us but after a day or two they told us that the only favour they could do for us was to bury the body otherwise the police have insisted that they are the only ones to get in contact with the family in as far as the death certificate is concerned. We were prepared to bury , was it the same week, I am not sure whether it was the same week or the following week. But as we were making I again went to the undertaker then he told me that the police were there and they said anybody who is looking for the death certificate should leave his name, address and the telephone number. And I was just unsuspecting and I left my particulars there with the undertaker. DR RANDERA [indistinct] MR KAMA After the statement was taken now by the TRC I went to Home Affairs, at Home Affairs I was told that Mzimkhulu according to their records is still alive, this is now last week. The computer knows him that he is alive. I requested what should I do then, because I buried the man and I know the man is late. I was sent back to the undertaker, the undertaker opened up his books and he gave me a number to take to the police station. DR RANDERA Madodomzi, thank you very much. Before I hand over to my fellow Commissioners I just want to clarify a few things with you and Richard. What time did you arrive at the hospital, sorry Richard and Mzimkhulu can you remember Richard? MR PHIKANI We arrived at the hospital at one. It was 1:00 am. DR RANDERA And Madodomzi what time did you get there - when you saw your brother-in-law. MR KAMA If it was not after six, it was something to seven. DR RANDERA Thank you. I just want you to go with your statement earlier on when you said that the hospitals at that time where an extension of the police stations. Can you just explain what you meant about that? MR KAMA Ja what I meant was that if somebody is shot or if somebody is critically ill or whatsoever, you expect to see them at the intensive care unit, especially closer to the moments of death. But the very attitude at the hospital showed us like Richard here, he was shot in the leg, nobody did take care, and he was - when I - when I inquired I was told that no they are both here but they are - hulle is een van daai sake van die weekend. Their attitude shows that the hospital is not there for service, it is just an extension of whatever system is going on outside there. DR RANDERA MR KAMA DR RANDERA Thank you. CHAIRPERSON Dr Orr. DR ORR How was Mzimkhulu when he died? MR KAMA Being born 1959 and dying in 1991, I am not certain [intervention] DR ORR 32? MR KAMA DR ORR And did he have any children? MR KAMA DR ORR And how old is that son? MR KAMA That boy is now doing Standard 10. DR ORR Have you been supporting him since his father died? MR KAMA DR ORR What would you like to ask the Truth and Reconciliation Commissioner to do for you and your family? MR KAMA So if possible I would love that the Truth Commission assist in the education of that boy, as well as accommodation of that boy. Because in the old end, he is got to contribute maybe to peace - towards peace in this country, he will have felt the pain, and he will have felt maybe how to forgive, thank you. DR ORR Thank you. CHAIRPERSON Yes Pumla Gobodo. MS GOBODO-MADIKIZELA MR KAMA MS GOBODO-MADIKIZELA Thank you Madodomzi. MR KAMA CHAIRPERSON Advocate Ntsebeza. ADV NTSEBEZA Well I think my question will be directed to Richard Phikani. I may just say to you Madodomzi, that I am pleasantly surprised to find such strength in a boy who I knew as a young person, growing up in [indistinct], keep it up, we need people like you, people with tenacity, people with courage, people who in spite of all odds, still want to find the truth. I can only be proud of you and I can only be [indistinct] and be proud of [indistinct] where having brought up a boy like you. Richard I just wanted to confirm with you, something that came out in the translation. You said when the people who kicked the door of your house, shone their torches into your face, then next thing they did was to hit you in the face with the butt of their rifles, is that correct? MR KAMA Yes that is correct. MS GOBODO-MADIKIZELA [indistinct] that you were thrown against the wall. MR KAMA Ja. MS GOBODO-MADIKIZELA You confirm that in fact you were hit with the butt of the rifles, of those who burst into the room, is that so? MR KAMA Yes that is correct, here is the scar of that butt. CHAIRPERSON