hrvtrans HUMAN RIGHTS VIOLATION HEARINGS 1996-10-15 WINELANDS 2 CT/00829 LIZIWE MASOKANYE MLANDELI MASOKANYE SHOT & KILLED https://sabctrc.saha.org.za/hearing.php?id=56142&t=&tab=hearings https://sabctrc.saha.org.za/originals/hrvtrans/wineland/ct00829.htm DR ORR MR MASOKANYE He is my friend. DR ORR [indistinct] Masokanye could you stand to take the oath. I will read the oath and then - Mr Masokanye I will read the oath and then you - you affirm, okay. MLANDELI SYDNEY MASOKANYE Duly sworn states DR ORR [indistinct] assist you in - in telling your story. ADV POTGIETER MR MASOKANYE Yes. ADV POTGIETER Now she was shot and killed by the police on the 5th of September 1989 in Khayamandi in Stellenbosch, is that correct? MR MASOKANYE Yes. ADV POTGIETER Would you like to tell us just briefly what happened when she was shot and killed. ADV POTGIETER Apparently the police had already taken her to the Police Station. I then went to the Police Station - I requested that I see her. I was then taken to where she lay. She had already passed away, after that I - I - as I was thinking what I was going to do I went to the Address Office. I was then referred to an attorney, Glenn William, I talked to Glenn William. He then said he would try to help me, he said he would let me know at a later stage what is happening. We prepared for the funeral, she was buried back home in Sterkspruit. There was a court case, the first day I was there. Mr Van Niekerk then said that these were throwing stones therefore they were in the wrong. Therefore the police are innocent as such, that was that. Mr William them said we should make an appeal, he prepared for this appeal. The 2 of us went to court, the court proceedings went on and yet again the findings were such that the children were throwing stones at the Casspir. The child died in hospital, Mr William and I made a claim - we were claiming R45,000-00 - Liziwe was already working in Doringbosch Restaurant. She had a mother with 3 children - her stepfather left therefore the mother was alone. Liziwe and I were helping the mother, the burden was then all on my shoulders because Liziwe was not there to help me. I asked for help from - from Social Workers. I was helped, things started getting better. The Court concluded that because we are being helped by Social Workers we could not get the R45,000-00 we were then given R30,000-00. They insisted on my paying the R20,000-00. I said to Mr William I do not have the R20,000-00. Mr William then said we must wait a while, then the Truth Commission started. Mr William them said we should come forward to the Truth Commission. So that they could advise us perhaps this R20,000-00 as it was the police that were in the wrong. Maybe the Truth Commission could help us not to pay the R20,000-00. What is R10,000-00 because it is only R10,000-00 that I would then receive to bring up the child. ADV POTGIETER Your testimony illustrates - what I say if you can receive the translation, perhaps you can just indicate when you do. Is that okay? MR MASOKANYE Yes, I can hear. ADV POTGIETER MR MASOKANYE Yes, it is so. ADV POTGIETER MR MASOKANYE Yes sir it is so. ADV POTGIETER You were representing the interest of the miner child of Liziwe who was - as you said to us earlier was 5 months old when her mother was shot and killed. So you were representing the interest of that child, is that correct? MR MASOKANYE Yes sir it is so. ADV POTGIETER MR MASOKANYE It is so. ADV POTGIETER And the case was heard there and you lost the case in the Supreme Court in Cape Town, correct? MR MASOKANYE It is so. ADV POTGIETER And then of cause this question of you having to pay the R20,000-00 came in, the court - the Supreme Court ordered you to pay the costs of the State which amounted to about R20,000-00. Is that correct? MR MASOKANYE It is so. ADV POTGIETER MR MASOKANYE It is so. ADV POTGIETER [indistinct] to the Supreme Court in Cape Town. MR MASOKANYE Yes sir, it is so. ADV POTGIETER This time round you actually won the case. The Court now found that the police are liable - they are responsible and they [indistinct] R30,000-00 for the benefit of the child. MR MASOKANYE Yes sir it is so. ADV POTGIETER MR MASOKANYE Yes sir. ADV POTGIETER MR MASOKANYE That is my request. ADV POTGIETER [indistinct] and we - we appreciate the fact that you actually have gone to these lengths to protect the interest of this - of the child - the miner child. Now have you got anything else that you want to bring to our attention? MR MASOKANYE ADV POTGIETER When Liziwe was shot, what was the situation like in Khayamandi? MR MASOKANYE There was a lot toi-toiing that day, the police were driving up and down in their Casspirs. Some of the streets were being burnt with tyres, that is what was going on that particular day in Khayamandi. ADV POTGIETER And - and just in conclusion, what did the court find which policemen were responsible for the shooting. Can you still remember the names? MR MASOKANYE ADV POTGIETER From Stellenbosch? MR MASOKANYE Yes, it was a policeman from Stellenbosch. ADV POTGIETER How old was Liziwe when she was killed? MR MASOKANYE Liziwe was about 18 years of age. ADV POTGIETER No other questions, thank you Mr Masokanye. MS GOBODO MR MASOKANYE It is Andiswa Felicia Masokanye. MS GOBODO When was this court case, was it this year - exactly when was it? MR MASOKANYE It was last year November. MS GOBODO This - so this is last years incident all together? MR MASOKANYE Yes, it is. MS GOBODO Thank you very much, your story depicts to us how children would loose their parents in a terrible way. So many children are orphans as a result of that. It also reflex the injustices of the previous regime. This is why the Bishop said yesterday sometimes to go to a court of law was never an answer as such to help people. Perhaps to come to the Truth Commission is what will help people. Thank you for making that option to come to the Truth Commission. We promise that we will at leased [indistinct] to help you with your request, thank you sir.