hrvtrans HUMAN RIGHTS VIOLATION HEARINGS 1996-06-10 KIMBERLEY 1 https://sabctrc.saha.org.za/hearing.php?id=55386&t=&tab=hearings https://sabctrc.saha.org.za/originals/hrvtrans/kimber/ct04413.htm CASE NO: CT/04413 VICTIM: ELLEN MOSHWEU VIOLATION: SHOT BY POLICE TESTIMONY BY: ELLEN MOSHWEU DR BORAINE You are not going to talk about someone, you are going to talk about yourself when you were shot a few years ago. Before I call on my colleague, Glenda Wildschut to guide you and to lead you in telling of your own story, I would like to ask you to please stand so for the taking of the oath. ELLEN MOSHWEU Duly sworn states DR BORAINE MS WILDSCHUT Good morning Ms Moshweu, how are you this morning? MS MOSHWEU MS WILDSCHUT MS MOSHWEU Yes, I am comfortable MS WILDSCHUT Okay, could you tell us a little bit about yourself, can you tell us who you are. What do you do at home and then can you tell us what happened on the day in November 1990? MS MOSHWEU I am Ellen Moshweu, I stay in Mataleng, Barkley West. I do not have a husband. I had two children, a son and a daughter. My son was shot and killed by the police and I am left only with one daughter and my grandchildren. MS WILDSCHUT MS MOSHWEU On the 28th November 1990, Wednesday there was a church service next door. I was in Church, later I decided to go to church. When I was approaching my house just next to my tap, I heard gunshots. I was hit in the back together with Mamakie and we ran into the house. Then another guy came to fetch us to Kimberly, we went to doctor Matlopane. We did not find him then we went to the hospital. I was just attended to and giving medicine and pills whereas Mamakie was hospitalised and underwent an operation. The bullet was not removed and gave me problems. I underwent an operation under the influence of Doctor Matlopane. MS WILDSCHUT You say you were shot, which part of your body were you shot in, Ms Moshweu? MS MOSHWEU I was shot underneath the bladder. MS WILDSCHUT Mamakie was also shot that evening, where was she injured? MS MOSHWEU Mamakie was shot in the thigh and the back. MS WILDSCHUT So am I correct in assuming that you were shot as you were going away from the police - you were running away? MS MOSHWEU She is Crying MS WILDSCHUT MS MOSHWEU It was a church service not a political meeting. MS WILDSCHUT So do you have any idea why at that point the police shot you when you were coming from a church service? MS MOSHWEU This policeman who shot me used to play with the gun. He will just shoot upwards when the people are sitting in Jonas. MS WILDSCHUT So you have no idea why you were shot that day? MS MOSHWEU MS WILDSCHUT Okay, do you know who this policeman is - the person who shot - do you know him at all? MS MOSHWEU Yes, I know him. He is Ronnie Molatlhegi MS WILDSCHUT MS MOSHWEU The policeman who shot us is Ronnie Molatlhegi. MS WILDSCHUT Okay and he is known to your community? MS MOSHWEU Yes, He is a policeman in Barkley. MS WILDSCHUT MS MOSHWEU No, that girl is not my daughter. My daughter is Elizaberth Mosweu, she was not shot. Mamakie stays next door. MS WILDSCHUT MS MOSHWEU I underwent operation. I am not well, I am very sick. MS WILDSCHUT MS MOSHWEU I am not well right now. I am very sick. MS WILDSCHUT When we were talking before today and when you made your statement you also talked about the fact that you think about this incident quite a lot, is that so? MS MOSHWEU Yes, it is true. MS WILDSCHUT Okay, mamma - you were busy telling us how the incident has effected your life, would you like to tell us now? MS MOSHWEU I am not very well because the policeman who shot me also killed my son in 1994. This son was a breadwinner in the family and now that he is dead, I have no one to help me. MS WILDSCHUT So Ms Moshweu you lost two children within the space of two years? MS MOSHWEU Manyane, I am left with only one child ; my daughter. He brought suffering to me by killing my son, he wanted to kill me that is why he shot me. He killed him on the 5 th February 1994. He shot him her in Mataleng, he was assisting me. Now I am suffering. He is the one who took my daughter to school. This policeman ( Ronnie Molatlhegi)is free, walking up and down. He is still working for his children and I do not have anyone working for me. Everytime when I see him, I become heartbroken. This son was the head of the family, the only breadwinner. MS WILDSCHUT MS MOSHWEU I will the commission to help me to continue with my life just like before my son was killed. MS WILDSCHUT Thank you mamma. CHAIRPERSON [indistinct] Dr Boraine? DR BORAINE MS MOSHWEU This case was just investigated since 1990 until now. There was nothing. DR BORAINE So nothing has happened in this matter of your being shot? MS MOSHWEU The police came to take the statement, however the case was never heard in court. DR BORAINE MS MOSHWEU Yes. It is true. DR BORAINE Can you tell us what the circumstances were - what happened. Was it at night time, during the day - was he running, was he at home - what happened? MS MOSHWEU DR BORAINE And afterwards - after you child was buried, was there a court case or an inquiry. Did you have to go to the court, were there any witnesses? MS MOSHWEU There was no case since my son was killed. Only last week on the 18th, they came and tell me that the case will be in court soon. Since I am having a temporary job somewhere in town. DR BORAINE Thank you very much for your help, that is all I have Mr Chairperson. CHAIRPERSON Thank you, Denzil Potgieter. ADV POTGIETER Thank you Chairperson, very briefly in regard to your own shooting I assume that you laid a charge. Where did you - at which police station did you lay the charge? MS MOSHWEU I laid a charge in Barkley West police station. ADV POTGIETER And when was that, was it soon after you were shot? MS MOSHWEU XHOSA - NO TRANSLATION ADV POTGIETER MS MOSHWEU ADV POTGIETER Okay, thank you then just finally. We have looked at the records of the police in connection with your shooting and I just want to put this for your comment. There is a reference to a shooting incident at about the time you were shot and also at about the place where you were shot. But according to the official police record the shooting happened because there was unrest in that area which involved approximately 50 youths. Now have you got any knowledge about that? MS MOSHWEU It was on Wednesday, We were sitting in Jonas ADV POTGIETER Have you seen any youths and any unrest at the time when you were shot? MS MOSHWEU When there was unrest, we were not in the township, we were at home. There was a church service next door to me. ADV POTGIETER MS MOSHWEU There were only church people. I was in the church. ADV POTGIETER Thank you very much. CHAIRPERSON Mum, we are very thankful. There are no more words that we can use to show our sympathy. We will tried to do as much as we can. Commission does not have more power, we will try to direct this to the president and see how he can assist you. Thank you. Thank you.