hrvtrans HUMAN RIGHTS VIOLATION HEARINGS 1996-10-08 KAROO 2 https://sabctrc.saha.org.za/hearing.php?id=55336&t=&tab=hearings https://sabctrc.saha.org.za/originals/hrvtrans/karoo/ct00382.htm CASE NO: CT/00382/KAR VICTIM: NCEBA JOKA VIOLATION: SHOT & KILLED BY KITSKONSTABEL TESTIMONY BY: FLOIT JOKA MS BURTON Good morning Mr Joka can you hear me all right. MR JOKA Good morning. MS BURTON Please will you [intervention] MR JOKA Yes. MS BURTON Good - please will you stand to take the oath. FLOIT MAKWENKWE JOKA Duly sworn states MS BURTON Thank you - please sit down. You have come to tell us about the death of your brother Nceba Andrew Joka in November 1987. Please tell us in your own words what happened. Please can you sit quite near to the microphone so people can hear you. MR JOKA On the 14th of November 1987 I was walking down Neptune Street whilst walking I heard a bang. But I ignored it because I was going towards the sound. Then all of a sudden people were crying - crying - I then started running. When I went back to the place where the incident took place, there were even more people. There was also an ambulance - my cousin then had already passed away. A child then picked up two bullets - gave them to me together with a cap. We went to the ambulance and then the ambulance left - he was taken to hospital - we went back home. We later realised that the police had detained some people - the eye witnesses told us that my brother was trying to stabilise the situation because the police were arresting people. He then got shot during that time. These people were later released from detention. Then there was a court case, we waited for the date, then we were given a date to go to the Regional court this was all in Middleburg. Before I went to the Regional Court - this happened. Around the 20th of November my brother had to be buried - the police then told us that we cannot bury my brother during the weekend he had to be buried on a Monday during the week. On that Monday it became clear that when the hearse came to our township it was [indistinct] by the police. The elderly people had then to go to find out what is going on eventually they hearse came. My aunt was staying with my mother, when we came back from the graveyard we realised that my aunt was ill - she then was taken to the Richmond Hospital. During the funeral we received a phone call. We got a report that Hazel my aunt had passed away. MS BURTON Thank you very much Mr Joka - so Nceba was your cousin - your brother cousin is that right? MR JOKA No he was my brother. MS BURTON MR JOKA MS BURTON And the person who was accused of having shot Nceba who was that? MR JOKA He is [indistinct] Mekile. MS BURTON And that is constable Mekile. MR JOKA MS BURTON But the finding in the inquest was that his death was not brought about by any act or omission amounting to an offence on the part of the special constable. The - you also mention that there were witnesses at the time - could you give us their names please. MR JOKA The witnesses I know are the one who were accused. MS BURTON And do you know their names. MR JOKA [indistinct] Jack, Mxolisi Ntonze and Matoto Tsaka - the first two were found innocent, this is the [indistinct] chap that I know. MS BURTON [indistinct] and thank you for giving us that information. The other point that we note is that constable Mekile fired no warning shot for instance he could have fired a shot in the air to warn people that he was about to take some stronger action but it seems that only - only one shot was fired and that was the shot which killed Nceba. MR JOKA MS BURTON Thank you Mr Joka - I am just going to ask if my colleagues want to ask any other questions. UNKNOWN COMMISSION Mr Floit was there any conflict between Nceba and Mekile? MR JOKA UNKNOWN COMMISSION Are you saying that there was conflict with Mekile and the other people? Is that why Mekile was armed? MR JOKA UNKNOWN COMMISSION Was he following them had they not walked past his house? MR JOKA I do not think so, at least as I see things, his house is just to far off from this street that we talking about. UNKNOWN COMMISSION Before Nceba passed away was he a scholar or was he working - did he have a wife. MR JOKA No he was not married, he did not have children either. UNKNOWN COMMISSION Was he staying at home with parents? MR JOKA He was staying with my parents and my sister. UNKNOWN COMMISSION Is your mother still alive. MR JOKA Yes my mother is still alive. UNKNOWN COMMISSION What is she doing? MR JOKA She is not doing anything she just gets a pension. UNKNOWN COMMISSION Thank you. MS BURTON Mr Joka constable Mekile was a special constable is that what people use to call kitskonstabels. MR JOKA MS BURTON And do you know the name of the Magistrate? MR JOKA MS BURTON MR JOKA Yes there is. First of all I request a fair judgement, because when the accused left the Regional Court they were found innocent. If there would be a fair judgement I would be at peace, that is all I ask for. MS BURTON But we hope that you will also have some comfort and conciliation in having been able to tell what you believed to have happened - thank you very much indeed. Sorry just one last question is Constable Mekile still in the police and still in this area? MR JOKA MS BURTON Thank you very much. MR JOKA Thank you.