DR BORAINE:

Yes.

DR BORAINE:

Thank you, could I ask you before telling us your story first Mr Phikani if you will stand please for the taking of oath.

RICHARD PHIKANI Duly sworn states

DR BORAINE:

Thank you very much indeed, and Mr Kama.

MADODOMZI SHEPHERD KAMA Duly sworn states

DR BORAINE:

Thank you very much, to assist in facilitating the telling of the story that both you’ll be referring to Dr Randera, Commissioner will be leading you as you unfold the story, thank you.

DR RANDERA:

I am going to start with you, welcome [indistinct]

Mother-in-law.

DR RANDERA:

To her as well, Madodomzi if you can first of all tell us something about Mzimkhulu, who he was, where he lived, whether he had a family, brothers, sisters please.

Ja to try and put the whole thing into context I’ll first talk - I’ll first try and give a picture of where I fit in personally. I am married to Mzimkhulu’s eldest sister. And on the very first year of their marriage they lost their father, so in a sense I was treated like a first born or like a father figure. So originally they’re not from Cape Town so the whole - the entire family came to Cape Town through me.

And then Mzimkhulu stayed with us when he dropped out of standard 9 I believe. He worked and subsequently he decided to go back to school to do standard 10 at the beginning of 1991. At that time he was staying with my other sister-in-law while doing his studies. Then whatever happened on the day I got to know from Richard when I was called to Groote Schuur in the morning.

So we have designed the story in such a way that he’s going to tell the actual happenings of the day then I’ll take over from Groote Schuur onwards.

DR RANDERA:

Okay thank you. Richard perhaps you can tell us what happened on that day.

MR PAKANI

A day prior 31^st November 1991 Mzimkhulu came to me as he is my home boy. He wanted a venue for a meeting, this meeting was for the students. Because they were trying to run away from the police at that time and because I know him very well I gave him the venue and that wasn’t the first time.

My house is in a hidden place. The meeting started at 9:00 or even after 9:00, around about 12 midnight I was at home. I wasn’t with them because I work, I heard voices outside, they were arguing they said this is a house that was used for the venue for the meeting, some said no this is not it.

While I was still listening to that somebody kicked the door - same I jumped and I went to the front door. When I got there somebody lighted my eyes and I was thrown to the wall and then they asked is this the venue for the meeting, I said no. I saw three men running passed me they went to the room at the back, now that’s the room where the meeting was.

In the meantime they were - they kept guide on me. Now these people had balaclavas on their faces, they had blue uniform on which was - which belonged to the police. While I was telling these ones that no this is not the venue for the police, I heard a shooting, I heard cries. While I tried to find out what was happening one of them grabbed me and said to me no I mustn’t go there I must stand here, so I stood.

I wanted to switch off one of the lights, when I tried to switch off the light I was also shot on my leg so I fell. While I was lying on my back the gun a gun was pointed on my chest, they said let’s kill this dog. Some said no he’s already dead they continued shooting and then they left, they continued shooting outside. One of them said this in Afrikaans, it’s only women who are dead where are the men, and they left after that.

I stood up and I went into the room that was used as a meeting venue. I wanted to - I tried to find out what was happening. When I got in there I met Mzimkhulu going out, there was a girl who was student, she was part of this meeting and she was pregnant. She was lying on the ground already dead. So I ran out trying to look for help, by this time I met Mzimkhulu he was already outside on the grass I asked him Mzimkhulu what happened to you. He said no nothing happened to me so I just passed them.

When I was going to the back yard I wanted to try and wake my neighbour up. My neighbour approached me then I met Mzimkhulu again he was still in the same place, I asked Mzimkhulu what is going on, he said nothing is going on. But I was suspicious because he was sitting in the same spots though he was talking to me well, but he was still in the same spot he couldn’t get up. I tried to pick him up, I realised that he had - there was blood in his back then I thought he was also shot because he was heavily bleeding.

So the neighbours took us to the Day Hospital. From there we were sent to Groote Schuur now that’s where we were separated. I tried to call Mr Kama who was a teacher, I told where I was, but I didn’t tell him what was happening, I just tell - I told him Mzimkhulu and I were here at Groote Schuur. Then when he arrived I told him what happened.

After that I couldn’t - I didn’t see Mzimkhulu again, I was among drunk people and among people who have been stabbed and I was ignored. I only got treatment around 8:00 in the morning. Even now I don’t think that all the poison was taken out of my leg because in the mornings I usually get pains. Then I was discharged from Groote Schuur and I went home, I was limping of course it was on a Sunday.

On Monday morning I went to the police station at Site B where I gave them the statement. I told them - they told me that they were going to be called again, they never did. Thank you.

DR RANDERA:

Thank you very much - [indistinct] you can continue the story now.

I received a telephone call from him on this morning of - the Sunday the very same morning Mzimkhulu was suppose to take a bus home because the school were closed they had finish their exams. On arrival at Groote Schuur I saw Richard the witness as he is putting it.

I expected to see them at the ICU or whatsoever but the very first thing I learnt from our hospitals was that they serve as an extension of what is happening at the police stations. Because what I could gather was that even Mzimkhulu although he was - I mean he was on the evil of the moment of death, he was not at the ICU. We just found him on a wheel chair, and the very few words he uttered was that he won’t make it, he knows he won’t make it. And I should keep his son for him, that is the only thing he can think of.

Thereafter a porter, the ones that push this trolleys at the hospital, put something into his mouth and I asked the porter what this was, and the porter says it is just something we normally put in the mouth when they bleed too much. Then I went to his file, when I asked his file I was told that look he won’t even be paying because in any case he will die. So there is no need for us to get much details about him.

Then fortunately for me about an hour or so while I was at the hospital I saw a doctor that I know very well, Dr Mahlati, I related the whole story to Dr Mahlati and I showed him where they put Mzimkhulu. He promised to come back to me at the earliest moment he could and when he came back to me he told me that Mzimkhulu has passed away. Now in the car I was with my wife who is a sister to Mzimkhulu, my wife‘s eldest sister, my wife’s brother.

And all of them I could - I could see when I brought back the clothing that none of them had a picture of the fact that their brother had died. So I was the only one that could tell them the story at that stage. So I felt that - I really felt scared to tell them the truth that their brother passed away. I just put the clothing in the boot and they asked me how is his condition. I said no I’m told that we should come back at 3:00, I felt very guilty when they showed some relief in their faces that each one said I wonder if he had died, who would contribute to his funeral, where would the funeral be held and how would we take his body home and all such statements.

Then we rushed home because they insisted on phoning the mother. When we got home I told them that I’m going to buy a pack of cigarettes. And I started to wonder now who I should call to come and give the message that the brother has passed away. So I went to my church, I asked about three elders to assist me, they advised me to start first at the police station to check if the statement has been laid.

When we got to the police station, they - I went in alone and I was told that we already know about last night shooting, don’t worry we will call you when we need to. I said maybe then there might have been more shootings in Site B which one specifically are you referring to. And I was told that if I’m not looking for trouble I should leave.

On that stage I left I went to my place where the whole family had already gathered, the elders came in and they told my family that since it’s towards Christmas they are visiting all families to make Christmas prayers. Then my family gathered from the prayer that Mzimkhulu had passed away. And even then we were still left with the burden of informing the mother plus the burden of knowing what to do with the body.

So we approached the Mahlubi Undertakers, Mahlubi Undertakers did accept us but after a day or two they told us that the only favour they could do for us was to bury the body otherwise the police have insisted that they are the only ones to get in contact with the family in as far as the death certificate is concerned.

We were prepared to bury , was it the same week, I am not sure whether it was the same week or the following week. But as we were making I again went to the undertaker then he told me that the police were there and they said anybody who is looking for the death certificate should leave his name, address and the telephone number. And I was just unsuspecting and I left my particulars there with the undertaker.

But on the day before we took the body to Pearston, the undertaker want me not to look on the death certificate anymore then I started becoming suspicious but he told me that’s the only message I can give you, forget about it, bury your body. Right we were assisted, the funeral went on and everything went well.

A little while later I’m not sure whether it was April or May, three or four months thereafter we were called into an inquest. The letter came by post to my address, to - we were called to Mitchell’s Plain Court. At Mitchell’s Plain we were showed which Court it was on the ground floor.

When we went there I was accompanied by my wife, we were told to sit on the passage and on the letter it was insisted that we should be there before nine o’clock. And the bottom part of the letter said attendance was not compulsory. And this attendance that is not compulsory, I first phoned in - into that Court to ask them whether - do they think that somebody could be given permission from work to be absent from work if it says attendance is not compulsory. Then they said we can always write to you and tell you what happened.

Nevertheless we were made to sit down in corridor at nine o’clock to await our turn to be called into the inquest. Around about lunch time, a white lady who I think was a prosecutor, because at that stage we couldn’t have a lawyer - we couldn’t - I just couldn’t hire a lawyer because I was the only one that was - I mean - I was the only one that could afford that is together with my wife, to bury the body to do almost everything.

So we just didn’t have money to - for a lawyer and the Legal Aid told us that look you are above the bread line, you can’t get a lawyer. Because we were told to bring our pay slips at the Legal Aid and the pay slips shows that - we were told that we are in a high income bracket. You earn more than a black man is suppose to. In any event we waited up until lunch time, at lunch time I asked that lady as they were coming out of Court whether we haven’t been forgotten or whether our - when is our case is coming. Lady said I’m not sure but it seems it’s over, but I’m not sure.

In any case come after lunch. We waited then until two o’clock, and then on seeing that we were not called we just went in. The lady spoke with another gentleman not the Magistrate on the bench, I think it was somebody, a Court orderly or somebody who wanted to take us out. He told them ons kan maar sommer nou-nou klaar wees met julle.

Right, I was called into the witness box, Magistrate told me that nobody was to be found guilty, nobody is liable for the death. Now it seems to me on that day, he said very fast in a manner that I couldn’t understand. Then when I asked the Court orderly again if the Magistrate could repeat himself, he told me dit is klaar.

DR RANDERA:

[indistinct]

Wat is klaar, and then the second time I asked I could sense that if I don’t move out I’m in trouble. The man insisted dit is klaar and he said [indistinct] to move out. Then from there we tried various means to get a death certificate, we couldn’t.

After the statement was taken now by the TRC I went to Home Affairs, at Home Affairs I was told that Mzimkhulu according to their records is still alive, this is now last week. The computer knows him that he is alive. I requested what should I do then, because I buried the man and I know the man is late. I was sent back to the undertaker, the undertaker opened up his books and he gave me a number to take to the police station.

At the police station I went the same day to the police station, last week. I got hold of somebody who told me is almost four o’clock sorry we are alive, we can’t look for dead people. Then I was told to come the following day, this is what happened last week now. The following day I came there around about nine o’clock if not ten o’clock. I forgot this lady’s name but the investigator did take a photocopy of - I said to the lady she must write down the time I came in there and the time that I waited and the statement that I was told that I mean they are alive and I shouldn’t bother them.

The following day I was sent to another police lady now called Hilda. I stood in her office she received a phone call she told me sorry I can’t help you somebody has burnt my meat at home and my child is not well come back tomorrow. Then I said no ways, I would rather see the station commander. I was then taken to Captain Memela, Captain Memela coincidentally stays in the same grey area I stay in, in Mandalay. And he told me look I know you are teacher and you should understand, give me your particulars I’ll come back to you. He hasn’t come back to me until now.

And then I went again to the same lady that I got hold of, the first lady that I got hold of and that lady told me that now according to the records we have, this man died of a car accident. He was driving - no he was shot while driving recklessly. Then I told this police lady this man couldn’t even drive, how could he be shot driving recklessly if he can’t drive.

Then he said meneer I can only write that you were here for you to give it to your employer, further than this statement there’s nothing I can give you. So at the briefing I gave all the particulars to the investigator - thank you.

DR RANDERA:

Madodomzi, thank you very much. Before I hand over to my fellow Commissioners I just want to clarify a few things with you and Richard. What time did you arrive at the hospital, sorry Richard and Mzimkhulu can you remember Richard?

MR PHIKANI:

We arrived at the hospital at one. It was 1:00 am.

DR RANDERA:

And Madodomzi what time did you get there - when you saw your brother-in-law.

MR KAMA:

If it was not after six, it was something to seven.

DR RANDERA:

Thank you. I just want you to go with your statement earlier on when you said that the hospitals at that time where an extension of the police stations. Can you just explain what you meant about that?

Ja what I meant was that if somebody is shot or if somebody is critically ill or whatsoever, you expect to see them at the intensive care unit, especially closer to the moments of death. But the very attitude at the hospital showed us like Richard here, he was shot in the leg, nobody did take care, and he was - when I - when I inquired I was told that no they are both here but they are - hulle is een van daai sake van die weekend. Their attitude shows that the hospital is not there for service, it is just an extension of whatever system is going on outside there.

DR RANDERA:

Thank you, can I just ask, you talk about the inquest and the way you were treated at the inquest. Did you consult besides making a statement at a police station, did you consult with your own lawyers, were there any inquiries made by your own lawyers about Mzimkhulu’s death?

Ja as I stated earlier that it was only myself and my wife who could contribute towards the funeral. And the funeral wasn’t held in Cape Town it was held in Pearston next to Graaf Reinet so we had to pay for almost everything.

And subsequently to that we couldn’t afford the lawyer so we approached the Legal Aid and the Legal Aid told us that we living above the bread line, so we don’t qualify for a free lawyer.

DR RANDERA:

Thank you.

CHAIRPERSON:

Dr Orr.

DR ORR:

How was Mzimkhulu when he died?

Being born 1959 and dying in 1991, I am not certain [intervention]

DR ORR:

32?

That’s right.

DR ORR:

And did he have any children?

Ja he’s got a son that has - that is staying with me since his death, the one I said that he said to me at the hospital that is the only property or possession he can call his, so I can look after it.

DR ORR:

And how old is that son?

That boy is now doing Standard 10.

DR ORR:

Have you been supporting him since his father died?

Ja, since his father died and the grandmother is a pensioner. This boy’s case is a big pathetic, because his - the boy’s mother is married and one of the conditions of the marriage was that - he doesn’t - he doesn’t become a nuisance in that marriage, so we had to keep the boy.

DR ORR:

What would you like to ask the Truth and Reconciliation Commissioner to do for you and your family?

Ja besides me and my family at large okay end of Tape 20 side B …… I mean [indistinct] but one is an extension of the other, and at the end of the day, if one sits down and think when is this going to end. Because it’s only last week that I went to the police station and I am sure if somebody says at the Truth Commission by next week we are going to get the death certificate, now how long will it take South Africa for people to get Commissions for a simple thing, maybe next week if you need an ID, you need another Commission in order to get it.

But in as far as - in as far as the boy’s life is concerned, I may never be sure, like if - if after this - after this Truth Commission myself and my wife get a car accident, we both die, it means that boy is dead as well. And I may never be sure whether my own children will accept the boy as they grow older.

So if possible I would love that the Truth Commission assist in the education of that boy, as well as accommodation of that boy. Because in the old end, he is got to contribute maybe to peace - towards peace in this country, he will have felt the pain, and he will have felt maybe how to forgive, thank you.

DR ORR:

Thank you.

CHAIRPERSON:

Yes Pumla Gobodo.

MS GOBODO-MADIKIZELA:

Thank you - Madodomzi it seems you’ve taken an amazing responsibility and commitment to look after your wife’s brother’s son. It is not very common, but especially when the mother is still alive. But what it points to also just as a side line is the price that many woman finds themselves in, to have to choose between their children and a partner, to be forced to even be forced to make the choice.

And the fact that you have taken on this responsibility so amazingly and we have obviously commitments is something that is very special. It’s very difficult for us again to be dealing with yet another case of death, no idea who killed the person, no knowledge of how the person died, at least on papers and in the form of a death certificate.

But what strikes me about what you’ve been relating to us, is how the family was assured of a respectable way of informing them of the death of their son and brother. Many of the other cases discovered in the most unbelievable ways of the death of their sons, on TV to be sent up and down by police, to walk the streets of Cape Town trying to find where their kids are.

But you protected the family, you carried the burden of the pain yourself alone drove back with your wife and mother-in-law back to the township and to figure out how to tell them. But most importantly to carry the message of your brother-in-law, his request for you to keep his son. I think that’s a very important task you have and I am amazed at the way you’ve carried it. I’ll ask you a question, do you remember the name of the prosecutor in the case of - in the inquest of your - of your brother-in-law.

No at that stage we didn’t even know names of prosecutors, you were not allowed even to know them. What you - what you could do it is only to describe them. And if I could see that lady, I could point out that lady, even if she is aging by now, because I still have that clear picture of what she told me.

MS GOBODO-MADIKIZELA:

Thank you Madodomzi.

And in reality I don’t want to lie and say that maybe I could forgive her or something, I wouldn’t know what could happen between me and her, if she was sitting in that Commission, because she made me feel a pain, which only maybe time can erase.

CHAIRPERSON:

Advocate Ntsebeza.

ADV NTSEBEZA:

Well I think my question will be directed to Richard Phikani. I may just say to you Madodomzi, that I am pleasantly surprised to find such strength in a boy who I knew as a young person, growing up in [indistinct], keep it up, we need people like you, people with tenacity, people with courage, people who in spite of all odds, still want to find the truth.

I can only be proud of you and I can only be [indistinct] and be proud of [indistinct] where having brought up a boy like you. Richard I just wanted to confirm with you, something that came out in the translation. You said when the people who kicked the door of your house, shone their torches into your face, then next thing they did was to hit you in the face with the butt of their rifles, is that correct?

Yes that is correct.

MS GOBODO-MADIKIZELA:

[indistinct] that you were thrown against the wall.

Ja.

MS GOBODO-MADIKIZELA:

You confirm that in fact you were hit with the butt of the rifles, of those who burst into the room, is that so?

Yes that is correct, here is the scar of that butt.

CHAIRPERSON:

I will thank you - yes we have to repeat theses things once more. We thank you for being here, we thank you for coming and expressing your pain to the people in the nation at large. We also thank the fact that you don’t have a grudge - may God bless you, thank you very much.