Yes sir.

You can hear me, and you can hear the translation all right.

Yes sir.

DR BORAINE:

Good, thank you very much. First let met welcome you very warmly to the Commission this afternoon. I am going to ask you a few questions to help you tell the story that you have brought with you and which you have carried in your heart and mind since 1984. But before that, I have to ask you to take the oath. So if you will please stand.

NOMPUTUMO THELMA MELANE Duly sworn states

DR BORAINE:

Please sit down. Ms Melane you have somebody with you - next to you.

MS MELANE:

Yes there is, she is a woman who was there at the time when my brother was killed. She is a witness, she is an eye witness when my brother was shot.

DR BORAINE:

Can you tell me her name please.

MS MELANE:

Her name is Priscila - Patricia Glepu.

DR BORAINE:

And you want her to give evidence as well today.

MS MELANE:

Yes I would like her to make her statement as well.

DR BORAINE:

Could you - I’ll think you’ll have to repeat that name because I didn’t catch it, just the last name if you could tell me again please.

MS MELANE:

She is Patricia Glepu.

DR BORAINE:

[indistinct] Glepu - Ms Glepu. I am going to ask you Ms Glepu can you hear me, Ms Glepu you are also going to speak today, so I also have to ask you to take the oath, so if you will please stand.

PATRICIA GLEPU Duly sworn states

DR BORAINE:

Thank you. Ms Melane you are going to tell us about your brother and what happened to him but before you do that, perhaps you could tell us just a little bit about yourself and about your family and where you come from and who you are just so that we can get to know you.

MS MELANE:

My name is Nomputumo Thelma Melane, I live at Khyaelitsha at Litter Park. I am here representing my father who is now in the Transkei. When I heard that we are going to get help, there are people who are trying to find out the truth from the past, so I decided let me come here and represent my father. Because I didn’t want his son’s case just to disappear like it did.

DR BORAINE:

[indistinct] is there anything else you’d like to tell us before we start the story and what happened to your brother. Do you have a family?

MS MELANE:

I have a father and a mother and brothers and a sister. And a husband and children.

DR BORAINE:

Thank you very much, your brother’s name was Ginana.

MS MELANE:

He was Ginana Vellem.

DR BORAINE:

So you had a very distressing experience which started on the 19^th of February 1984. It was a Sunday afternoon, can you tell us what happened please.

MS MELANE:

Yes I am going to tell you. It was on a Sunday afternoon when my brother was shot, that time I was living at Langa. I was fetched by my sister-in-law he was his - with her husband, they told me that I am being wanted at home. I was quite shocked to see them.

I asked them is there anything that happened they didn’t tell me anything, they just took me. Then we went to Guguletu. I didn’t go straight home, because my home is also in the same vicinity. My sister-in-law took me to his - to her house. I tried to ask them what exactly happened here, they didn’t tell me. We went home instead, when I got there, I found out that it was full of people and my father was on his feet and he was telling people what was - what had happened.

That’s when I realised that somebody has died, but I thought - I didn’t see anyone - I haven’t seen all of them but I could see that my father was alive. He was telling other people that he was just resting on a Sunday. And Ginana was sent to the shop by one of the neighbours to buy cigarettes and matches. Ginana bought all these things from the shop. When he was getting out of the shop somebody snatched him - a man. He tried to free himself because he was snatched quite roughly. He asked him what have I done, why you snatching me like this, no he didn’t reply, this man.

A woman from no 81, no 21 Ms Johnny that is her name, asked this man what has this child done, but the man didn’t say anything. But he went up the street with him, the street that leads to 83. This woman tried to free my brother from this man, while my brother wanted to free himself, and this man took something from his waist only to find out it was a gun. Then my brother managed to free himself. He stepped back, no he didn’t run, he was stepping back, he - this man shot him the first time on his chest. And my brother asked what have I done, he shot him again the second time but he missed. Now that bullet went straight to no 8.

My father heard the first shot, he heard the second shot too. And now he could see now his son coming approaching the house. He got up and said isn’t that my son, falling down there. Then my father shouted no that is my son, leave him alone. The shot went again on this - on the third shot my brother fell down. Then my father threw himself over - over my - over my brother.

My brother was asking what have I done and this man was still standing over him and he still wanted to shoot but now he ran out of bullets and he was pointing at my brother’s head. The police van arrived and this man got into the - into the van - then it’s then that we realised that this man after all is a policeman, even though he was in a civilians clothes, so he left. They left my brother lying there on the ground. My father tried to get transport to take my brother to the police station, but he didn’t get it. He tried to get other means. When my father got back the neighbours had already taken my brother away, the whole street was out - try to help.

So when my father came in, the neighbours had already taken my brother to the police station, so my father followed to the police station. When he got there, he found that my brother was on - on a chair, on a bench. He held his hand, my father could see that he was already dead. He closed his eyes and then my father fainted right there in the police station.

DR BORAINE:

Thank you for telling us that story, could I - before you go on, could I take you back just a few steps so that we can make absolutely sure that we understand, are you all right.

MS MELANE:

Yes I am all right.

DR BORAINE:

How old was your - your brother Ginana.

MS MELANE:

He was 17 years old.

DR BORAINE:

17 Years old, what was the name of the man who grabbed him and shot him.

MS MELANE:

According to The Times on the 20^th of February 1984, it was Sergeant Faku who was being attacked by a gangster shot these people who were attacking him. The people who were now running away from him, so according to The Times he was defending himself from gangsters and according to The Times this policeman shot these people at the back which we both know that it is not true, because my brother was shot on the chest.

And now his clothes were sent to Pretoria, that’s what we were told when we wanted to see the evidence that he was really shot from the front or the back. Now we were told that no his clothes were in Pretoria we can’t get them.

My father went to Court several times, going to Court in connection with this case. The lawyer in charge of this case who was with my father told my father that - this case was going to be transferred to the Supreme Court. Now you must wait, now my father waited, and nobody came back to him again with any report. He was also promised that after he has buried his son he was going to get compensation from the police. But he never got anything.

When my father asked his lawyer - asking him how long am I going to wait, the lawyer said - the lawyer said he was scarred himself that no this case is going to be dismissed but he was scared to tell him the actual reason because it seemed that the Government itself wanted the case to be dismissed. The Government didn’t want this case to be announced - to be know by everybody. So we never got any - anything - we didn’t get his clothes, we didn’t get anything.

My father left to the rural areas, we use to live in Cape Town but because of this my father decided to go and leave Cape Town because living in Cape Town was just too painful for him. After that my mother was ill, nothing was all right at home since then.

DR BORAINE:

Thank you, I’d like to just ask a few questions again to help me understand the whole picture. You said that the man who shot your brother, was Sergeant Faku.

MS MELANE:

Yes that’s what I said, it was Faku.

DR BORAINE:

He was in plain clothes, he wasn’t wearing a uniform.

MS MELANE:

He was wearing plain clothes not police clothes.

DR BORAINE:

What was the condition of Sergeant Faku, I mean why - why do you think he acted in the way he did.

MS MELANE:

According to what I heard, Sergeant Faku was chasing after two children and these children were coming from end of Tape 13, side B …… he asked them are you looking for these two kids, Ms Glepu said no these children have gone to no 11, they are not here, so Mr Faku left. Now that was the time when he saw my brother, he has been [indistinct] to no 16 which was a spaza shop.

So this woman next to me actually saw Mr Faku, he is going - she is going to be a witness. So Faku got out of Ms Glepu’s house and then saw my brother. When he grabbed him I don’t know if he - he had told - he was told from - by Ms Glepu which direction these children have gone to. But Mr Faku saw that my brother had tobacco and the matches in his hand.

Now according to The Times it was reported as if Mr Faku was defending himself from being attacked by a gangster. But now my brother was already dead at that time and he could see that he has made a mistake, but he didn’t want to admit that.

DR BORAINE:

Now when the police van arrived obviously there was another policeman in the van, did he say anything to Sergeant Faku, did he ask him what was happening or did he make any statement?

MS MELANE:

This policeman that was in the van was shocked, he asked Mr Faku what have you done, why did you shoot. Faku didn’t - didn’t reply he simply got into the van and said drive, so they left.

DR BORAINE:

Your brother was badly injured and he was still alive when they took him to the police station.

MS MELANE:

When my brother was taken to the police station he was still gasping. Now at the police station nobody took care of him they simply ignored him and my father - but when my father got there, he was already dead and he closed his eyes.

DR BORAINE:

So he died [indistinct] police station on the bench.

MS MELANE:

Yes he died on the bench in the police station.

DR BORAINE:

Thank you, now when you said to us that you - your father hired an attorney, can you remember the name of the attorney, the lawyer.

MS MELANE:

No I can’t remember but those - they were lawyers from Town, at Cartright Corner, but I don’t know the name. But I didn’t want to know anything about this because I didn’t want to listen anything that’s connected with this case.

DR BORAINE:

I am sure your father may remember the name of the attorney, would you like us to try and find out more details as to exactly why the case did not proceed.

MS MELANE:

Yes I would appreciate this.

DR BORAINE:

Now I am nearly finished with the questions, you said that the police offered to pay compensation, did you mean that they offered to pay for the funeral expenses.

MS MELANE:

Yes they said they were going to pay for the funeral expenses.

DR BORAINE:

Was it usual for the police to pay for the funeral expenses of someone who had been shot?

MS MELANE:

No I don’t know, but that’s just how they told us.

DR BORAINE:

And then they paid you later or did they not pay you?

MS MELANE:

We never got a cent. My father paid all the expenses himself.

DR BORAINE:

Thank you I am not going to ask you anymore questions at this stage but my colleagues may wish to, so I am going to hand over to the Chairperson.

CHAIRPERSON:

Thank you very much, any further questions, yes Pumla Gobodo.

MS GOBODO:

Thank you sir, I just want to find out why were these two children being chased by this police, Mr Faku.

MS MELANE:

I have no idea why Mr Faku was chasing these people and I don’t know what they did.

MS GOBODO:

Perhaps Ms Glepu next to you would know.

MS MELANE:

Oh! perhaps he will know because she was there.

MS GOBODO:

Thank you.

DR BORAINE:

Ms Melane I just want to ask one or two quite short questions before we ask Ms Glepu to tell us what she saw. It may be that she will be in a better position to answer these questions. So if you don’t know the answer, that’s all right, I will then ask Ms Glepu, but let me just ask you to see. Where exactly was your brother shot, can you I mean he’d been to the shop, was it outside the shop, was it close to a house, if so, which house?

MS MELANE:

It was outside the spaza shop, he had already had his - the goods in his hands. It was in the streets, he fell in the street. The following day on a Monday I remember these details just one by one, on a Monday Mr Faku was there as well in the car. He covered his face.

There were photographers these people were telling us that they are here to make - to take photographs of all the things that happened. They wanted to take photographs of the spot where the second bullet went through they took that and they took it with them.

DR BORAINE:

And just one final question then at this stage. You said that your - your brother who was very-very badly injured and had been shot was taken to the police station. Can you remember who took him there?

MS MELANE:

I can’t remember well who took him there. Because I was called from Langa after everything had happened as I have said before. As I have told you that I am here representing my father because he is the one who was there, but he is not here, he was not - he is not here now.

DR BORAINE:

[indistinct] we know that, thank you very much, I am now going to ask Ms Glepu if I could [indistinct] for a short while.

MS BURTON:

Alex I am sorry may I interrupt I do have a question after all.

CHAIRPERSON:

Yes let me say - Mary Burton yes.

MS BURTON:

Thank you very much. Ms Melane I just want to ask you questions to try and help us when we try to follow up the details of the case so that we can put the story straight. Could we ask you the name of your father.

MS MELANE:

His is Jackson Vellem.

Jackson Vellem, now how do you spell that?

MS MELANE:

V E L L E M.

Thank you and that was also Ginana’s surname, Ginana Vellem.

MS MELANE:

Yes.

We also have the name Vukile, was that also Ginana’s name?

MS MELANE:

Vukile is also my father’s name.

DR BORAINE:

All right let’s continue, Ms Glepu can you hear me all right, okay.

MS GLEPU:

Yes.

DR BORAINE:

Ms Glepu you can remember or can you remember what happened when Ginana was shot? And if so take your time and tell us in your own words what you saw.

MS GLEPU:

Yes I am listening.

DR BORAINE:

Now I am going to listen and you can tell me what you saw.

MS GLEPU:

We were in the house at no 15, 81 I saw my door opening, we were watching TV, two boys rushed in. I got up and I saw a man coming in as well and I told him that I - no the kids have passed through. And I saw the kids passing - jumping the gate at no 11 at the back, at the backyard.

Now this man left also, I closed my door. I hear noise outside, when I looked outside, I saw this man, at that time I didn’t know that he was a policeman. So I saw this man dragging Ginana by the neck from no 16 which is now opposite my own house. He dragged him and Ginana was asking what have I done, what have I done and his hands were up. And he was holding tobacco and matches. Ginana was walking backwards, leaning against the fence of no 16, this man shot Ginana the first time and he shot him in the chest.

The second bullet went through but it - it missed Ginana and - no - no he slipped and he fell on his back and he asked what have I done, and this man stood over him and asked - and shot him again. He tried again to shoot, and then at that time now Ginana’s father appeared saying no that is my son, that is my son.

It was at that time now when the van approached us, it was rushing and this policeman inside this van asked what - why have you shot this one. And then he said hey I’ve shot this one, but let’s run away, so he got into the van and ran away with the van. Ginana’s father asked, looked for transport to take Ginana, but he couldn’t and then some of the neighbours took Ginana to the police station.

DR BORAINE:

I thank you very much, it’s very helpful, could you tell us did you - do you know who the man was who shot Ginana?

MS GLEPU:

Yes I know him.

DR BORAINE:

And you say that you - he was not dressed as a policeman.

MS GLEPU:

No he had a check shirt and pants that’s all.

DR BORAINE:

And you know his name.

MS GLEPU:

Yes I know his name, his name is Faku.

DR BORAINE:

[indistinct]

MS GLEPU:

Yes he is.

DR BORAINE:

When you saw Ginana, did he have a gun in his hand?

MS GLEPU:

No he didn’t have a gun in his hand.

DR BORAINE:

So it was the only the policeman who had a gun in his hand.

MS GLEPU:

Yes it was only the policeman.

DR BORAINE:

[indistinct] thank you very much, I’d like to just stop there for a minute and find out if my fellow Commissioners would like to ask you some more questions.

CHAIRPERSON:

Any [intervention]

MS BURTON:

Ms Glepu did you know Sergeant Faku yourself or did you see in the newspaper that, that was his name.

MS GLEPU:

I only saw it in the newspapers that it was him and I also saw him in Court as I was the first witness in the Court at Wynberg.

[indistinct] - so you recognised him in Court as the man who had shot Ginana.

MS GLEPU:

I recognised him immediately.

DR BORAINE:

I want to return to Ms Melane please if I may and thank you very-very much indeed.

DR BORAINE:

Ms Melane tell us just a little bit about your brother he was 17 years old, was he active in politics, was he a member of a party, was he working for any party, tell us about him.

MS MELANE:

Ginana was still at school. He was not involved in any organisations.

DR BORAINE:

[indistinct] in - in school politics?

MS MELANE:

No he was not involved in any organisations, I don’t remember anything.

DR BORAINE:

Last question I have for you is Ms Glepu mentioned that she was a witness in a Court case in Wynberg, and that she recognised Sergeant Faku as the man who shot your brother. Did you attend the Court case as well?

MS MELANE:

No I never went to Court because I didn’t want to go to Court, it was my father who use to go to the Courts. At that time I didn’t want to hear anything about this case. What I was told was that he cried and he was asking what he has done, so I didn’t want to go back to that and listen to all those, and listen to everybody talking about his cries.

DR BORAINE:

[indistinct] you did say that the Court case was adjourned and then it was going to take place in the Supreme Court, but that you don’t know what happened.

MS MELANE:

Yes I’ve said that, my mother - my father kept on waiting for a long time and he kept on telling us that he doesn’t know why there is not progress in this Court until he left Cape Town.

DR BORAINE:

[indistinct] that we are going to try and see if we can’t find out some more details because earlier you said that you wanted to come to the Commission because you wanted people to know what had happened to your brother and the sadness and the sorrow that you’ve experienced and you wanted to know who actually was responsible and we certainly will do our best to find that out. Is there any other way in which you think the Commission might be of help to you?

MS MELANE:

I would personally thank the Commission because it has already helped me by letting people know my little brother died and I want to tell everybody how my brother died and the fact that he was innocent. He was a very good child around the house, he use to clean and he use to fix old radio’s.

He was quite helpful around there - around the home. I am already grateful to be able to tell everyone about this, because this is something that has been [indistinct] at me, especially the fact that it was just disappeared and nobody talked about it again.

DR BORAINE:

Is there anything at all?

MS MELANE:

No there is none.

DR BORAINE:

I want to thank you very much indeed and I’ll ask the Chairperson to take over.

CHAIRPERSON:

Thank you very much to you sister and your mamma for coming here to be the witnesses. We also are grateful to have you here. And now we are - we are hoping that you will get something to heal you. Thank you.