Human Rights Violation Hearings — Middelburg — 1997-06-04

CHAIRPERSON: Is the next witness that we have, here?   Jabu Maseko?  Could the witness please come to the stand?
 Good afternoon, Mr Maseko.

JABU MASEKO: Good afternoon to you.

CHAIRPERSON: Welcome.  Could you tell us who do you have with you there?

JABU MASEKO: This is my wife.

CHAIRPERSON: Mrs Maseko, we welcome you too.  Thank you for coming with your husband.
 I would like you to take the oath, which Mrs Sooka will administer and then Dr Ally will lead you in your evidence.

YASMINE SOOKA: Mr Maseko, will you please stand.

JABU MASEKO: (Duly sworn in, states).

YASMINE SOOKA: Thank you, you may be seated.

RUSSELL ALLY: Good day to you, Mr Maseko.  You're coming to speak on your own behalf;  something that actually happened to you during a rent protest in January 1986.  I'm going to ask you if you can tell us about this incident and what happened to you.  Thank you.

JABU MASEKO: It was in 1986, on the 4th of January, we were going to talk about the rent issue.  When we arrived outside the stadium, we stood outside waiting for the councillors.  They didn't arrive.
 However police did arrive at the scene and they asked us to what we're doing outside the stadium.  And we told them that we're supposed to have a meeting with the councils.  They told us that the councillors are not coming and we asked them, why aren't they coming, because they promised that the meeting will be today?  
 They said to us;  no, we're giving you five minutes to leave this place.  We told them, we're not moving, because we're coming to protest against the rent.  However, they started shooting and we started running.
 Many people were injured.  After warning we ran for some distance and we came to a stand.  Later some houses belonging to policemen were burned.  It was approximately two of them.  When the houses started burning, I decided to go back home.  When I arrived at home, I found that the house was locked and the next door neighbour told me that your mother has been shot - at the meeting.  
 Therefor I went to my (... indistinct).  It's not that far, because it is about one street from my place.  When I entered the home, she told me that my mother has been shot.  I left that place and ran back to the meeting place.  When I got out of that house, I heard some shots outside.  I looked back and I saw some police, some were not cleared in police uniform.
 Once seeing that, I discovered later that I was lying on the ground, I was shot.  I didn't know what happened.  I tried to stand, using my right-hand and I've realised that my left-foot had been shot and I have to sit down.
 The police arrived at the scene and they took my into a car and took me to the doctor.  When I arrived at the doctor's place, he wanted to give me an injection and I refused and I told him you've got to cut off the leg.  And he said, he can do that here if they take me to Middelburg and he took me to Middelburg.
 I stayed about two to three hours and later they sent me to Kempton Park.  Arriving at Kempton Park, I stayed there and they took me to theatre on that particular night.  When I woke up, I discovered that I was, my foot was bandaged.  I also found out that I was shot.
 When I arrived at ward 19, where I was staying, I discovered there was a policeman next to me.  I asked him as to what does he want.  He said, Jabu, you are Jabu from Sentetuki Belfast?  He said, I'm coming to guard you.
 I asked him, why are you guarding me?  He said, no, you burned the police houses.  I asked him, did you see me at those places burning the houses.  He said, no, I'm just coming here to do my job.  I have to guard you.  So I stayed at Kempton Park.   
 And on January (... indistinct), 16h00, I was discharged and I went back home.  At home, police came to my house.  They asked me to come to the police station.  I asked them, why do I have to come to the police station?  They just said, just come, we will tell you when you arrive.
 Then I went to the police station.  They opened a document and I was charged for burning police houses and I asked them, do you have a witness to testify as to this matter?  They said, you have to come to court.  
 At the very same time, they took me to the court and the case was reminded.  And fortunately the date which was given for the next hearing was on the same date we have to  go and see a doctor.
 I had to go back to court.  I was also charged together with some other comrades who were suspected of having burned the houses.  However later they separated the case and there was a specific charge on me.
 The court convicted me.  I asked them, why did they convict me?  They said, I was convicted for burning the houses of policemen.  They said the evidence indicated that I was involved in the burning of those houses.  And I was sentenced for five years suspended.  
 I was also on plaster and I had to serve that outside.

RUSSELL ALLY: Thank you very much, Jabu.  Jabu, in your statement, you actually mention the name of the policeman who you alleged - shot at you or shot you.

JABU MASEKO: That's correct.

RUSSELL ALLY: You also say that before you were shot, your name was actually called, in your statement.

JABU MASEKO: That's correct.

RUSSELL ALLY: But, now let me just clarify two things here, because you mention the name of a policeman who shot you and then you say that on this particular day you said, I saw a White man walking on the road and he said to me, hallo Jabu.  He was on of the police reservists.  And then he shot you.

JABU MASEKO: That's correct.  He shot me.

RUSSELL ALLY: Now in your statement also you speak about the still then fragments from the rubber bullets.  Is that rubber bullets?  Were you so, were you shot with ...

JABU MASEKO: That's correct.

RUSSELL ALLY: And this was at a close range?  Was he right up next to you?

JABU MASEKO: Yes, he was so close, very close.

RUSSELL ALLY: Now, in your case, did you mention these details?  In your ...

JABU MASEKO: Yes, I did.

RUSSELL ALLY: And did you have legal representation?  Were you, who represented you?

JABU MASEKO: Yes, we did have a lawyer who was representing all of us, but after my case was separated from the rest, I didn't have a lawyer.  He only came to meet again for the sentence.

RUSSELL ALLY: So the lawyer only spoke in mitigation;  not during the actual case itself?

JABU MASEKO: That's correct.

RUSSELL ALLY: And this policeman who you claimed actually called your name and then shotted you;  was there any, was this followed up in any way?  Was he present during the case, your case, when you were being charged for ...

JABU MASEKO: He came once.

RUSSELL ALLY: Did he give evidence?  Did he speak?  What, or was he just there to observe?

JABU MASEKO: He did give evidence.

RUSSELL ALLY: And what was his, what did he say?

JABU MASEKO: He told the court that he suspected me of being one of those involved.  And I asked him, how did he came to put me in this thing?  And he couldn't give me an answer, because we were so many asking why did you say you recognise me.

RUSSELL ALLY: And what explanation did he give for shooting you?  Did he admit shooting you?

JABU MASEKO: Yes, he agreed, admitted in court.

RUSSELL ALLY: And what was his reason for shooting you?  What did he say in court?  Why did he fire at you?

JABU MASEKO: He said I had a petrol-bomb in my possession.

RUSSELL ALLY: Now they say, when you were speaking earlier, you said that you were charged and then you were convicted on the basis of evidence.  What was this evidence that was used to convict you?  Was this those others who had been charged with you?  Did they become witnesses for the state?  Did they supply the evidence?

JABU MASEKO: No, I would say it was just me and the person who shot at me.  The others were not there.