Human Rights Violation Hearings — Beaufort West — 1996-08-12

MS MBALO: I don't know of him having participated in any such kind of action or thrown  - stone throwing - because he  had gone to make a call  and he was coming back from the call box and they said that - they alleged  that he had thrown a stone at the van but the van came from the direction of Bird Street  and he came from the direction of Danie Theron Street to Bird Street.  
They showed us a van which they alleged he had thrown with stones, but what I cannot understand is that this was in town and he had come from the telephone booth to Bird Street.  But what I cannot understand is how he would have known that the van was coming down Bird Street that he would have thrown it with stones.  Because the van had come down Bird Street  and he had come down Danie Theron Street.
So I cannot understand how he could have known that  this van was coming down this road.  But they alleged that he had a stone in his hand - a small stone.  But what they showed me afterwards, were big  bricks and stoned which they picked up in Bird Street.  And I don't understand how he could have known because he was in town -  in the middle of town.

MARY BURTON: Ms Lourens who has made a statement to us, what did she tell you that she saw?

MS MBALO: She said that she was coming from work - from the hospital -  and that she was standing at the stop street  as the  -  so that the cars could pass and she saw him coming from the direction of Danie Theron Street from the telephone booth in the direction of Bird Street.  But he was running and he had his hands bold up - fisted  -  and he was running in the direction of Bird Street  but she did not see at any stage that he was throwing stones.  And the white men , who  were also there, who had also stopped for this van which was driving in this direction, but this van then turned back at a distance in his direction, but they did not see him throwing any stones.
They saw that he had a stone in his  -  the white man , the white  men, alleged that they saw he had a stone in his hand but the they did not see him throwing any stones.   They say that the policemen just started shooting when the van came back in that direction.  The van stopped next to him. The Simon jumped out of the police van with the rifle in his hand and the other policemen that was driving, drove in the other directions so that he could turn the van and according to  evidence which they also gave, the lady policemen who was with them at time, said that she did not see anything .  She was laying flat and did not see anything that happened.
And the Sergeant who was driving the van at the time says that he drove down the road to turn the van around,  that he just heard the shooting but he did not see anything.

MARY BURTON: Ms Mbalo you told us about the affect on Nono's, or Witness's brother and other members of your family, how have you come through this?

MS MBALO: We were all heartbroken.  My brothers were heartbroken, my children were heartbroken because they all grew up together.  They were all heartbroken.  And me to, because when I see this Simon I just hurt even more, because I felt that even if he had spoken to him I might have felt a bit better, but even now when I see him, I become heartbroken because he never spoke to me and I thought that if I went to him and we made peace and if he perhaps just spoke to me, I would have felt better.  But he never attempted that.
The entire family was heartbroken.  My sister and my children were all very heartbroken and still are.  They are still hurting very deeply.  Especially since this Mr. Simon never even attempted to come and speak to me or anyone else in my family to try and make peace.  And I felt that I would have felt better if I could have spoken to him.

MARY BURTON: Is there anything else that you would like to say or tell to the Commission?

MS MBALO: What hurt me is that my brother's child is now in and out of mental institutions.  He has to be treated by Pinelands Hospital because of the shock he received by his brother's death.  They don't have any parents, both their parents have passed away and I raised them.  And this hurts me very deeply, to think that he has to go to the hospital  every time for treatment for his mental condition.  It's hurts me very deeply.

MARY BURTON: What is his name?

MS MBALO: Macosandile Kellem, thank you.

MAPULE RAMASHALA: Thank you.

MS MBALO: Thank you.

CHAIRPERSON: Dr. Ramashala?

MAPULE RAMASHALA: Mr. Mbalo, how old is Macosandile?

MS MBALO: Macosandile is - I think he is about 25 now.

MAPULE RAMASHALA: He's your brothers son?

MS MBALO: Yes, he's my brothers son.

MAPULE RAMASHALA: How are you managing to take care of him financially ?

MS MBALO: He gets a Government allowance, a grant of some sort. And he just felt  that he doesn't want to stay in Beaufort West any more and he just visits me from time to time.  He came to me at some stage to say that he doesn't want to stay in Beaufort West any more because he doesn't know if this policeman wouldn't come and shoot him as well.

MAPULE RAMASHALA: Where is he now?  Where is he living?

MS MBALO: He lives in Worcester.  He lives in Worcester at the moment.

MAPULE RAMASHALA: [indistinct]

MS MBALO: I think he was released from Pinelands about 3 moths ago.

MAPULE RAMASHALA: Mr. Mbalo, are you living alone at the moment?

MS MBALO: I live with my children because my husband has passed away.  I live with my children. This one, John - who is sitting next to me - and my one son who is still at school, he's at University and my grandson, who was also at school in George.  And then there is my son Michael, who stays with me and then I've got more grandchildren as well.

MAPULE RAMASHALA: Thank you very much, Ms Mbalo.

MS MBALO: Thank you, Ma'am.

ADV POTGIETER: Ma'am, how old was Witness when he was shot dead?

MS MBALO: He was born in 1969 on 6th June - he was born on the 6th of June 1969.

ADV POTGIETER: Did he have any dependence?

MS MBALO: No, he had no children.  He was still at school at the time.  He was doing matric then.

ADV POTGIETER: Ma'am, the person you refer to as Simon, who shot at your son - if I understand you correctly he is a policeman.  Is that so?

MS MBALO: Yes, he is a policeman.  And after he'd shot my child, he was promoted to Sergeant.

ADV POTGIETER: Is he in Beaufort West?

MS MBALO: Yes.

ADV POTGIETER: You also said that there was a case and that the Magistrate found him guilty 
of murder.

MS MBALO: Yes, the Magistrate here at Beaufort West who presided over the first matter found him guilty of murder.  But the Judge said that he was not guilty because he wanted to know - he said that it was either him or the policemen who have died.

ADV POTGIETER: So do I understand you correctly if I say that there where two cases.

MS MBALO: Yes, the first one where he appeared in front of the Magistrate here in Beaufort West and the Magistrate said to me that the case has to go to a higher Court .

ADV POTGIETER: Can you still remember who the Magistrate was - was it an inquiry into his death?   Was it an inquest of which the Magistrate presided?

MS MBALO: I cannot say, but it was in Court.

ADV POTGIETER: And there were witnesses?

MS MBALO: Yes, there were witnesses.

ADV POTGIETER: Can you remember in which year that was?  He was killed in 1992, is that correct?  So the case was in 1993, that was the first case here in Beaufort West.

MS MBALO: Yes.

ADV POTGIETER: Then there was a second matter where there was a judge involved,  as you say.

MS MBALO: I cannot say with absolute certainty whether that was also in 1993.

ADV POTGIETER: That is no a problem.  I just need some clarity, so there was a second case?

MS MBALO: Yes.

ADV POTGIETER: And was there a Judge presiding?

MS MBALO: Yes.

ADV POTGIETER: The Magistrate said the case was going to a higher Court. Where was that?

MS MBALO: That was also here in Beaufort West.