Human Rights Violation Hearings — Zeerust — 1997-05-06

CHAIRPERSON: Come to all the deponents, the witnesses who are sitting here to-day will be coming to tell us their stories.  Let us just remember a little about what happened in this particular area of our country.
 To-day, of course, Zeerust is part of the North West Province, but those of you who have lived in this area, have grown up in this area will remember that Zeerust remained part of, if you like White South Africa at the time, but not far from here, in some of the communities, we saw, particularly in the late 80's, some of the most intense struggles as communities refused to be incorporated into the homeland, or into the independent homeland of Boputhatswana and many people of course, as we will hear to-day, suffered as a consequence.  Many people died as a result.   
 Let us also not forget, within the Commission were are always being asked, why the Truth and Reconciliation Commission ?  Could we not, especially as the amnesty applications have come in and some of those applicants have been successful at getting their amnesty, the question has often been thrown at us, why not go the prosecutory path?  Why not sentence those people, are we not cheapening justice by providing amnesty?  But let's not  forget that  in 1994, not very far from here again, there was an, 
in the then Boputhatswana of course, people experienced it in a real way, where what is,
wat we refer to as the right wing elements in our country decided they would take up arms and support the besieged government of Lukas Mangope and that was all around us.  The negotiating process, it had started in Kempton Park and continued and saw the Transitional Executive Council come into being.  There was always that possibility that we all lived with of, of a backlash and I want to say, I bring up this point for two reasons.  One is just to remind ourselves of that, of  where we've come from very, very recently.  Two, also to say to people who have relatives, friends who suffered either torture or death during that uprising, they also have the opportunity to come to the Commission  because when the Commission came into existence, our cut-off date was December 1993.  We then appealed to the Government and to the President to extend it, extend that period to April of this year and so the uprising in, in Mafeking in, the then Boputhatswana, the people actually suffered gross human rights violations, have the opportunity to make statements about what happened at that time to them or to their family members.  And please, I would like that message to go through because when we first came into the areas, we were curtailed by the earlier date, but that was extended and although publicity has been given to that on radio, television and newspapers, my impression is that sometimes people haven't got that message clearly.  
 The last point I want to make is that the amnesty deadline comes to an end this week although the work of the Commission goes on till December of this year.  The 10th of May is on Saturday.  That is going to be the last opportunity and to quote the Archbishop when he appealed to the nation of Sunday, a very generous offer has been made by our people and our government to those individuals from every side who either  committed  an act or omission or gross human rights violation for which action can be, legal action can be taken against them in the future, that this is the opportunity, the last opportunity, the last few days for those people to come forward and make their amnesty application.  
 So, I appeal again from the Commission's side and there inevitably to-day many names will be mentioned of alleged perpetrators.  Now we have of course, as it's a ruling, we have sent off letters to those individuals but again through to-day's hearing, I make that appeal once more.  Sorry, I said that was the last point.  Two more points.  Sorry, Sir.  Can I just say that, although we are just going to be listening to twelve people's  stories to-day  that does not mean that all those other people who made statements to us, that their stories are not important.  The demanding factor on us and on you is the time factor and we just have not been able to give everybody the opportunity to come forward and tell their stories and within the Commission, we recognise the importance of that but we also recognise that every statement is important and every statement is being considered.  We have almost ten thousand statements from people all over the country and only seventeen percent of those people have been able to come and tell their stories at a hearing like this.  The majority of those statements are going through the process of the Truth and Reconciliation Commission and we are investigating them and coming to a decision whether a person is a victim or not and every individual, even those people to-day, who will not be telling their stories should have received a letter from the Commission stating a reference number and we will come back to them in the future as to the decision that we have made.  I also want to say as my last point, that for those people who have not made a statement, we have got statement takers here to-day, at the back of the hall, upstairs, as I understand it if  they want to make statements, this is the opportunity do, to do so.   If  you 've missed the opportunity the statement takers are some of, not in the, I think one is actually living in this area now.  The others are in Rustenberg, in Mmabatha and they will come out with their plan as to when they'll come back to this area, after to-day's hearing.  So, yes, people can continue making statements, until, officially, until December.  We won't have statement takers after June but individuals can still sent their statements in to us, to our office and the office address is on the back of the Truth Talk that is at the entrance of the organisation.  Thank you, that's, those are all the points I want to make.  
 I want to introduce our panel to-day.  On my  right-hand side, Miss Joyce Seroke who is a member of the Human Rights Violations Committee.  Can I just say that all of us are based in the Johannesburg office of the Truth and Reconciliation Commission.  My name is Fazel Randera, I'm going to be chairing to-day's proceedings.  I'm also a member of the Human Rights Violations Committee.  Dr Russel Ally next to me, also a member of the Human Rights Violations Committee and Professor Piet Meiring, who is a member of the Reparations and Rehabilitations Committee.  
 We have as I said earlier on, got twelve people to listen to.  Some of those haven't arrived.  As they arrive, they will be incorporated in to-day's proceedings.  I hope everybody understands these little boxes here to-day.  We have got a full interpretation service.  If people want a box, I think if you can just go  to the side of the, over there and you'll be handed these little black boxes.  I don't know all the languages ...  Okay.  On the right hand side here, there are some numbers and if you twiddle the numbers, you'll actually get it, either in English or Tswana.  So that's available to people who wish to make use of it.  Right.  
 Can I then call our first witness for the day, for the day.  Lesego.  Sorry,  Makganye.  Lesego Makganye.  Thank  you  Sir.  I've  just  been  told  that English is on Channel three, sorry, English on Channel two and Tswana on Channel three.  Tate Makganye, good morning.

UNKNOWN: Good morning, Sir.

CHAIRPERSON: Can you please introduce the gentlemen who is with you.

UNKNOWN: My name is Lizo Makganye.  The man next to me is Elias Mtsusi.

CHAIRPERSON: Thank you Tate.  If you will just stand to take the oath which Professor Meiring will help you with.
PROF. MEIRING: Mr Makganye, will you please stand up and put your hand in the air and will you please repeat that, everything I say will be the truth, nothing but the truth, the whole truth, so help me God.