hrvtrans HUMAN RIGHTS VIOLATION HEARINGS 1996-10-08 KAROO 2 CT/1503/KAR ARON MAGAM NOMPURURU MAGA SUFFOCATION, SHOT AND, KILLED BY POLICE https://sabctrc.saha.org.za/hearing.php?id=55348&t=&tab=hearings https://sabctrc.saha.org.za/originals/hrvtrans/karoo/ct01503.htm MS BURTON Perhaps we should stand as I read the names of those who shall testify today. They are: Nompururu Evelyn Magam Manwabisi Maseti Mkohnto Mfazwe Noti Mjada Gladys Ntsizakalo Nstokolo James Zono Floit Joka William Nkumbi Elliot Siyoko Ncamisili Sonamzi Koos Simakadane Elsie Jantjie and Nelson Jantjie and Mr Tshemese We now call our first witness to the stage, Nompururu Evelyn Magam. Good morning again Ms Magam. Can you hear me well. NOMPURURU EVELYN MAGAM Yes I can hear you. MS BURTON Sit a little bit nearer to the microphone so that other people can hear you. Thank you. Before we begin, may I ask you to stand to take the oath. NOMPURURU EVELYN MAGAM Duly sworn states MS BURTON Thank you very much. Please sit down. Ms Joyce Seroke is going to facilitate your testimony this morning. Thank you. MS SEROKE I would like to greet you Nompururu this morning, We thank you for coming here today to give us evidence about what happened to your brother on the 25th or 26th of July in 1985. We would like to tell us what happened on that day when your brother was shot. NOMPURURU EVELYN MAGAM Can I speak? MS SEROKE Yes you can speak now. NOMPURURU EVELYN MAGAM It was in 1985. People were toi-toiing in the township throughout the streets. My brother was not there at that time. He was on duty. I was sitting in front of the house at the time. The toi-toi went to facing the Rand office. I think it was come at that time when he came from work and I was talking to him at that time - asking him whether he wanted tea. I told the police that they must leave him alone because he is not feeling well. The police ignored me. One of the policeman then dragged him out but he resisted and he managed to get inside the shack and close the door. The police then used force - they kicked the door and I cried to the police - begging them to leave my brother alone. Others were around the windows, trying to break the windows. One of the policeman tried to kick the door. And I tried to talk to them to leave my brother alone. The policemen were around the windows - they were putting in tear gas threw the windows. One of the them tried to kick the door hard and they - he managed to kick the door. I was still crying - begging them to leave my brother alone. My brother was dizzy at the time with the tear gas and he got out of the shack. MS SEROKE You said that Aron was working in the butchery. What time did he go back at home. NOMPURURU EVELYN MAGAM He came back at twelve p.m. or sometimes he used to come back at one. MS SEROKE When the beer hall was burnt. What was the time then. NOMPURURU EVELYN MAGAM MS SEROKE Was he a member of the youth congress in the township or the village or was he just an ordinary person. NOMPURURU EVELYN MAGAM He had ANC membership card, but I am not sure whether he was a member. But he a membership card. MS SEROKE What did the police say to him when they went to fetch him. NOMPURURU EVELYN MAGAM MS SEROKE Who was in the house with you when this thing was happening. NOMPURURU EVELYN MAGAM It was me and my father. MS SEROKE When your brother could out of the bedroom - what was he holding in the hand. NOMPURURU EVELYN MAGAM He was holding nothing. MS SEROKE Did you see the person who shot your brother. NOMPURURU EVELYN MAGAM No, I did not, because they were many policemen. MS SEROKE Did you hear a gunshot. NOMPURURU EVELYN MAGAM MS SEROKE NOMPURURU EVELYN MAGAM Yes, my late brother was called to the court. MS SEROKE Did he go there. NOMPURURU EVELYN MAGAM Yes, he did. MS SEROKE NOMPURURU EVELYN MAGAM MS SEROKE But when their defending themselves, they said that Aron - Aron had a baton and an axe in his hands and he attacked one of the Constables - Constable Love and the Constable fell down. And when this Constable fell down - was lying down, Aron wanted to axe him and that was when he was shot. The police said that they were defending themselves. MS SEROKE You say that he was dizzy with the tear gas. NOMPURURU EVELYN MAGAM MS SEROKE I would now give this opportunity to the Chairperson. ADV POTGIETER Thank you Chairperson. Is it Ms Magam or Magama. NOMPURURU EVELYN MAGAM Yes. ADV POTGIETER The police that were involved in this incident. Did you know whether they were from Noupoort or were they from somewhere else. NOMPURURU EVELYN MAGAM There were no police from Noupoort in the police were there. ADV POTGIETER [Indistinct]. What was his health like. Was he suffering from any ailments. NOMPURURU EVELYN MAGAM Yes, he was - the health was not good. He was an ill person. ADV POTGIETER What was wrong with him. NOMPURURU EVELYN MAGAM He was suffering from epileptic. ADV POTGIETER And was there anything wrong with his lungs. Did he ever have an ailment of his lungs - asthma or something like that. NOMPURURU EVELYN MAGAM ADV POTGIETER So that just on that information the incident could not have happened as the police tried to explain to the court. So that it appears as if there were quite a bit of discrepancy in the explanation that the police tried to give for the death of your brother. But in any event you have given us your version and your version clearly contradicts even this version that the police gave, although the version of he police itself is full of difficulties and we have noted what you have said about that. I just wanted to give you that explanation so that you have as much information as possible. Thank you. MS BURTON Ms Magam thank you for coming to tell us about this today. It is a very hard thing for you and your family to have lost your brother in that way and we express our sympathy with you and your family. We hope that what you have heard about the evidence that our investigators have followed up makes you feel that it was worthwhile to come and to know that there are other people who give credence and weight to the testimony that you have given today and that there is greater public understanding of the way which your brother died. And we know it takes courage and it puts you through additional pain to come and talk to us today, but we value very much that you came to tell us and we thank you very much indeed. Is there anything else that you want to say to us or ask of us. NOMPURURU EVELYN MAGAM What I would like to say is that my brother was a breadwinner at home. He was the one supporting us. MS BURTON [Indistinct] understand that and your family is probably suffering hardship now. Thank you very much.