Issued by: Truth and Reconciliation Commission
STATEMENT BY THE TRUTH AND RECONCILIATION COMMISSION ISSUED BY THE WESTERN AND NORTHERN CAPE REGIONS 10 DECEMBER 1996
Inspector Michael Phillip Luff will appear in the Worcester Regional Court on charges of murder tomorrow, December 11, 1996.
This follows a complaint made to the TRC at our Worcester hearings on June 24 this year by the parents of William Dyasi, who was allegedly shot by Luff on 3 November 1985, which resulted in his death.
An inquest was held in the Worcester Regional Court between March 1986 and January 1987 into the deaths of Dyasi and Thamsanqa Cecil van Staden on the same day. Two Zwelethemba residents were wounded and arrested on charges of violence after an alleged clash with police on the same day. The inquest presided over by Magistrate J.P. Botha, found that Constable Luff (as he was then), of Worcester Police (currently stationed at Ceres Detective Branch) was responsible for the death of William Dyasi and the case was referred to the then Attorney-general, Neil Rossouw. He decided not to prosecute.
At the TRC Human Rights Violations hearing Dyasi's parents, Mbedle and Selina Dyasi, told the commission panel presided over by vice-chairperson Dr Alex Boraine, that amongst others they sent their son on the night of his death to one of the members of their church. Before he died, he told them he ran into the police, ran into a house, the police dragged him out and he was shot. They asked the TRC to find out why the policeman responsible had not been prosecuted.
In November 1985, under the Emergency Regulations, police declared Zwelethemba out of bounds to all except residents. Roadblocks were set up and residents were only allowed to go to their homes on production of their pass books. Nightly searchlights swept the streets, foot patrols were on day and night and cases of assault were reported by the residents. Residents also reported presence of Zulu speaking policeman. According to TRC research the divisional commissioner of police for Worcester at the time, Brigadier P.C. Fourie, had forbidden attorneys from entering Zwelethemba township to help residence with claims for damages against security forces.
Against this background, Commissioner Wendy Orr, approached the current Attorney-General, Frank Kahn, requesting the reasons for the original decision not to prosecute. The Attorney-General subsequently decided to re-open the case.. The case was originally scheduled for September 6, but then postponed till tomorrow. For more information please call Christelle Terreblanche - 0824588461.