hrvtrans HUMAN RIGHTS VIOLATION HEARINGS 1996-11-26 GUGULETU 7 POLLSMOOR 1 CT/00317 AMINA ELIZABETH VAN DYK AMINA ELIZABETH VAN DYK SHOT WITH BIRDSHOT IN EYE https://sabctrc.saha.org.za/hearing.php?id=55765&t=&tab=hearings https://sabctrc.saha.org.za/originals/hrvtrans/polls/ct00317.htm ADV POTGIETER Re-start. Can I please ask you to stand, please be seated. The next witness is Amina Elizabeth van Dyk. And David Mathews - David Matthews is not here. UNKNOWN COMMISSIONER ADV POTGIETER Oh! okay - Mr and Ms Van Dyk. Good morning Ms Van Dyk. Are you going to testify all by yourself? I will then ask you to take the oath. Would you please rise. AMINA ELIZABETH VAN DYK Duly sworn states ADV POTGIETER MS VAN DYK Yes, that is correct. ADV POTGIETER That is the day after the march in connection with which the first few witnesses testified. Okay, would you like to tell us what happened with you on that day - the 29th of August. MS VAN DYK While we were standing there, suddenly they started shooting. And when they started shooting, we ran. I tripped and fell and the 11 year old boy fell on top of me. I pushed him off me and I got up. I looked for help and I was full of blood. My nose and my mouth were bleeding and my clothes were full of blood. The lady on the corner gave me a cloth. I wiped my face and I went home and lay on the bed because I was dizzy. The oldest child, Allen, phoned the ambulance. The ambulance came to fetch me and took me to the hospital. They assisted me into the ambulance because I was totally dizzy in my head and my body was shaking. I was feeling utterly numb and thereafter we went around to fetch the two boys. I asked them where we were going. And they said to me - no, they were going to take me to the police station and the two boys are going to be taken to the mortuary. I got out of the ambulance and they put me in another ambulance. We were taken to Groote Schuur Hospital. I was in hospital for a month. I was discharged on the 22nd of the 4th month 1987. Before I was put into the other ambulance, the one policeman from the Riot Squad used violent language. He called me a pig. I said to him - "what do you mean I am a pig?" He said to me - "We should have shot you dead instead of the boy". I lost my one eye and it bothers me because I get these sharp pains in my eye. I get migraines and then sometimes I want to have nothing to do with my children, because of my pain. This has caused me to lose my job, my house and my medical aid benefits and I have got absolutely no income. I would like you people to assist me in getting my job back. ADV POTGIETER In 1985, when this incident took place, you say that you were working? MS VAN DYK Yes, I was working at Lentegeur Hospital. ADV POTGIETER Where you married at the time? MS VAN DYK No, I was unmarried, I was living with my uncle. ADV POTGIETER And your uncle is David Matthews? Is it his son who you had to fetch at the busstop? MS VAN DYK Yes, he was schooling at Wittebome ADV POTGIETER And he was brought home by bus? MS VAN DYK ADV POTGIETER MS VAN DYK No, and when we were taken to hospital, they were brought in by car. ADV POTGIETER So, did you have to go and meet him else where? MS VAN DYK Yes, I would meet him on the corner on a regular basis. ADV POTGIETER So, you would have met him on the corner, or at least you thought you would meet him on the corner and then you would both walk back home? MS VAN DYK Yes. ADV POTGIETER Do you say it was after working hours. MS VAN DYK Yes, it was after working hours. ADV POTGIETER Was it late the afternoon? MS VAN DYK Yes, it was in the afternoon. ADV POTGIETER What time did you come from work then? MS VAN DYK ADV POTGIETER Okay, you say that at some stage you were standing at the busstop? MS VAN DYK Yes, I was merely standing at the busstop. We were standing there and they started shooting at us and we had to flee. ADV POTGIETER And the two boys who were shot dead - they were standing with you? MS VAN DYK Yes, they were also standing there - we were all standing at the busstop, because I still said to them they must go home and they said - no, they are not going to go home. ADV POTGIETER What were they doing? Were they just watching or did they do anything? MS VAN DYK No, they was merely standing watching. ADV POTGIETER MS VAN DYK No, sir. ADV POTGIETER Was there a tyre barricade burning in the road? MS VAN DYK No, there was nothing there, in Wespoort avenue there was nothing burning there. ADV POTGIETER Before the shooting incident - did you see the police? MS VAN DYK ADV POTGIETER And while you was standing at the busstop - did you see the police? MS VAN DYK No - because I was injured and taken to hospital. ADV POTGIETER I assume you were shot? MS VAN DYK Yes. ADV POTGIETER In the face? MS VAN DYK I have got an artificial left eye. I was shot in my eye. I still have the birdshot in my body. ADV POTGIETER So you were struck in your eye with birdshot and also parts of your body? Did you see where the police were that was shooting at you? MS VAN DYK The policeman that shot me wore spectacles, but I do not know his name or his surname. ADV POTGIETER Was he behind that wall MS VAN DYK ADV POTGIETER And did you hear a few shots? MS VAN DYK Yes. ADV POTGIETER You say there was a postman there as well. MS VAN DYK Yes. ADV POTGIETER Was he still there when the shooting incident took place? MS VAN DYK ADV POTGIETER Do you know whether he was shot? MS VAN DYK Yes, he was shot by birdshot. ADV POTGIETER MS VAN DYK Yes, I knew him. ADV POTGIETER Did you know him or was he just somebody that you would see around or do you know his name? MS VAN DYK ADV POTGIETER What about the two boys - did you know the two boys? MS VAN DYK Yes, I knew them. ADV POTGIETER Do you also just know them as residents in the area? MS VAN DYK ADV POTGIETER At the time when the shooting incident took place, were there any - was there any stone throwing or rioting there? MS VAN DYK No, absolutely nothing. ADV POTGIETER Where you asked to come to court at any stage? MS VAN DYK No, they would probably have spoken to my uncle. ADV POTGIETER Did you go and consult with an attorney in connection with the instituting a civil claim? MS VAN DYK No, they never came to me. They communicated everything with my uncle. ADV POTGIETER So, you never received any compensation for the damage which you suffered? MS VAN DYK No, nothing. ADV POTGIETER You say that this eye still bothers you. MS VAN DYK Yes, it bothers me terribly. In winter I cannot stand the pain. I have to take an ice cold cloth and put that over my eye. ADV POTGIETER Do you receive treatment for it? MS VAN DYK Yes, I do receive treatment at Groote Schuur Hospital. ADV POTGIETER On a regular basis? MS VAN DYK Yes. ADV POTGIETER And you say you lost your job as a result? Was it as a result of the eye injury? MS VAN DYK Yes. ADV POTGIETER And did you start looking for work again after that or did you just give up? MS VAN DYK ADV POTGIETER You are now married - do you have any children? MS VAN DYK Yes, I have two children. ADV POTGIETER How old are they? MS VAN DYK Geyranisa will be two and Mogammat is 4 years old. ADV POTGIETER MS VAN DYK No. ADV POTGIETER And you say that you lost the house too? MS VAN DYK That is correct. ADV POTGIETER Where are you living at the moment? MS VAN DYK ADV POTGIETER And where do you live now? MS VAN DYK At the moment I live with my mom, but her house is quite full. ADV POTGIETER Do you live there with your husband and kids? MS VAN DYK Yes. ADV POTGIETER And is your husband employed? MS VAN DYK No, he is unemployed. He is an asthmatic and he has a heart condition. ADV POTGIETER Who supports you and your family? MS VAN DYK My mother supports us. ADV POTGIETER Does she support you and your family? MS VAN DYK Yes. ADV POTGIETER How old were you when you were shot in 1985? MS VAN DYK I was 30. ADV POTGIETER MS VAN DYK Yes, at number 30 Forester Close, Westridge. ADV POTGIETER Okay, it appears as if your uncle did most of the work in regard to contacting policemen and trying to consult with attorneys. So he is the one that handled everything? MS VAN DYK Yes. ADV POTGIETER MS VAN DYK I cannot say. ADV POTGIETER Because it appears as though there was someone who also saw what happened and that he is prepared to tell us about it, but he did not want us to publish his name. At the time our investigative team spoke to him, he did not want us to publicize his name, but we will investigate the matter a bit further and we will let you know exactly what we were able to find out. So, the matter is not finalized today. We have listened to your evidence and we will continue to look at the - to look into the matter, because your - the incident in which you were injured and the incident in which the two boys were shot dead - is linked, so we are looking at it as one incident. The one boy - the 11 year old - his name was Lionel. He is the one who fell on you? MS VAN DYK ADV POTGIETER And how did he appear then, was he badly injured? MS VAN DYK I cannot say, because after I had been shot, I fell to the ground and he fell on top of me and I pushed him off so that I could move. I got up and ran away and he remained lying there. ADV POTGIETER Did you see the other one too? MS VAN DYK The 13 year old was lying next to him, Quentin. ADV POTGIETER So it seems as if they remained lying where they had been shot? MS VAN DYK Yes. ADV POTGIETER MS VAN DYK No, that is all. ADV POTGIETER I would just like to find out if my colleagues have any questions to put to you - Glenda Wildschut? MS WILDSCHUT Ms Van Dyk, I would just like to understand - do you know how many months you were hospitalized for? MS VAN DYK I was in hospital for a month. MS WILDSCHUT So, the incident took place in August? MS VAN DYK On the 22nd of April 1987, I was discharged from hospital. MS WILDSCHUT The 22nd of - was that April? MS VAN DYK It was August, I am not sure, but I have the tag in my bag MS WILDSCHUT Because we have the date as the 22nd of August, is that correct - the correct date? MS VAN DYK Yes, that is correct. The 22nd of the fourth month in 1987. MS WILDSCHUT Thank you very much. ADV POTGIETER So your evidence is very important. Not with regard to what happened to you yourself, but also with regard to the shooting of the two boys. Thank you very much for coming for coming to tell us what happened. We have listened to everything you have said. We have listened to the problems which you have at the moment. And as I said to you earlier, the matter is not finalized today - we are still busy looking at the matter and we will look at your circumstances as well and we will be in contact with you and thank you very much for coming. And thank you very much to you as well sir, for coming and supporting your wife.