hrvtrans HUMAN RIGHTS VIOLATION HEARINGS 1996-10-09 KAROO 3 CT/01528/KAR MOSES MTSHAKAZANA BEAUTY MTSHAKAZANA DETENTION AND SHOOTING, BY POLICE https://sabctrc.saha.org.za/hearing.php?id=55360&t=&tab=hearings https://sabctrc.saha.org.za/originals/hrvtrans/karoo/ct01528.htm MS BURTON Order and quiet in the hall please. We call our next witness, Beauty Mtshakazana. BEAUTY MTSHAKAZANA Duly sworn states MS BURTON You are the daughter of the reverent Moses Mcoyana. BEAUTY MTSHAKAZANA Yes, it is so. MS BURTON You are going to come today to tell us what happened to your late father. BEAUTY MTSHAKAZANA Yes, I am going to tell the story where it all started. In 1985 when the struggle started here in Colesberg. My father was one of the comrades here in Colesberg who decided in 1985 who were being harassed by the police and constantly detained. He would be detained for fourteen days. And that went on several times, three times. He was being first at home and detained. As time went on it became apparent that the reason for his detention it was for him attending the meetings the comrade meetings in the evening. But that was not the truth. But that went on until this very night that they shot him. He was standing at the gate. It was on a Monday. But the one thing that I cannot remember clearly is the date, but I remember it was in July. The children were on a short break at school. They have just written a test. They were just toi-toiing and singing freedom songs. As they were passing on their way to town on their way back, there were two vans behind them. When they were almost at the clinic, the vans passed them. A yellow and a brown van. At that moment he wanted to stop this children. So they must stop what they are doing, because the police were there already and nobody knew what was going to happen when this police came back. Most of the children were lying in their houses opposite my house on the stoeps. I had already run away, because I was thinking of the small children. I was worried as where they are during the shooting. When I tried to come out of the house, I saw him lying next to the pole. The pole at the gate. When I went out it was the last shot. The police ran away and they went into the van. Then I took him away from where he was lying and lifted him and some people came as well who was trying to help me, because I was alone at that moment. They took him inside the house and when we got inside the house, when I tried to undress to take his shoes and socks off, the blood was pouring from his legs, because he was shot in both legs. He had a mark near his eye. I think it was struck by a pellet. And my relatives came as well to come and find out what happened exactly but I just said that we should just find a car to take him to hospital as soon as possible because he was breathing heavily and when we got to hospital, these two vans were already there. And they were standing at the main gate of the hospital. They were saying that they waiting to take these people who have been brought to hospital. We refused to take him into hospital. Then we turned back home with him. When we got home, there was a lady that we must find some medicine called Sifozonge so that we should put his legs in there so they must stop bleeding. We tried to us that specific herb and we managed to wash him. Then he slept at home. The following day we took him to hospital. When we arrived in hospital, he was admitted. He stayed the whole week and it was quite clear that the police were going to the hospital constantly. They wanted to shoot him whilst he was lying in bed. Then nurses were forced to try and do something about this. They had to report this to the matron. The matron told the doctors and the doctors requested the police please they must stop visiting during unprohibited hours and harassing the people sleeping there. And they took him the following day to appear in the Magistrates court and we went there as well. On arrival he appeared in court and he was charged. He was fined a R1 000.00. Boets Gaily paid that R1 000.00. He was a relative. He paid that R1 000.00 and he was released and he we went home. We had to get a lawyer so that he should help him in this problem. We managed to get a lawyer from Grahamstown by the name of Mpati. He handled his case. He was someone to go to Grahamstown so that he can appear in court. MS BURTON Thank you Ms Mtshakazana. There are several questions that we want to ask, but first of all I would like to just say your father you say was a leader of the comrades and yet it also seems that he was a moderating influence on them in that he was trying to get the young people to not to enter into a conflict with the police and to disperse and yet while he was doing that, the police in fact moved against him. BEAUTY MTSHAKAZANA Yes, it is so. MS BURTON Now, when after he had been injured and came out of hospital, he was arrested and what was the charge? BEAUTY MTSHAKAZANA The reason why he was arrested is because he was holding meetings. Running away with this children, the reason why he was shot, the statement that they gave in Grahamstown is that they found him running with these kids in front of Pep stores. And they had his shoes as well that they kept with them. Because they were asked that they said they must please check if these shoes were belonging to someone who was shot while standing or while he was running and as they could not answer, because the shoes were not there. MS BURTON Thank you. And then you said that he had to pay a R1 000.00 and that a relative paid that before he could set free. Do you know whether that was a fine or whether it was bail. BEAUTY MTSHAKAZANA They said it was a bail. MS BURTON BEAUTY MTSHAKAZANA My father could hardly walk, to the extent that he could tell us that, he told us that these things in his feet are troubling him. There were times when we had to bring him cold water to soak him feet in there. Because he said that his feet were very hot and the cold water relieved the pain. MS BURTON That was for quite a long time after this had happened. BEAUTY MTSHAKAZANA Yes, it went on for some time, because this happened in 1985. The shooting incident was in 1985. MS BURTON And when was it that your father past away. BEAUTY MTSHAKAZANA He passed away in April. MS BURTON This year? BEAUTY MTSHAKAZANA Yes, this year. MS BURTON Thank you. I want to see whether my colleagues have any more questions they want to ask you. MS SEROKE BEAUTY MTSHAKAZANA Yes, it is so. He never got the money. Did you make means of finding out from the lawyer and what is he saying. BEAUTY MTSHAKAZANA MS SEROKE Thank you. MS BURTON BEAUTY MTSHAKAZANA MS BURTON BEAUTY MTSHAKAZANA Thank you.