Human Rights Violation Hearings — Duduza — 1997-02-07

DR RANDERA: Thank you very much for that vivid description of what's happened to your life.  I just want to ask you a few questions Thabo. You explained to us how the hospital operated on your eyes and the pension fund that you got afterwards, disability grant I assume. Was there any other assistance that was given to you as someone who had this severe disability, by the state?

MR MASHIANI: It's only the disability grant or the pension.

DR RANDERA: How old were you when this happened in 1990?

MR MASHIANI: I was 22 years old.

DR RANDERA: Thabo I just want to go back to that time, you said when you came off the taxi, I think you mentioned the name Oupa, Oupa met you and said you are on duty tonight. Were you part of the self defence units in that time?

MR MASHIANI: No but we were just like comrades who came together to protect the community.

DR RANDERA: But you mentioned that you had petrol bombs, is that something that you made yourselves or was that provided to you by somebody else?

MR MASHIANI: No we would manufacture the petrol bombs all by ourselves.

DR RANDERA: And did you see yourself protecting the community from the IFP only or also the police and the army?

MR MASHIANI: We were protecting the community from Inkhata because they were fighting the community members.

DR RANDERA: But on the night that you received this injury, the fighting that took place was between yourselves and police caspars, and policemen I presume who were in the caspar? And you said you actually threw petrol bombs at the caspar?

MR MASHIANI: When we threw the petrol bombs we wanted to destroy the combi because we had already been told that the combi was going to come by.

DR RANDERA: Thabo I just want some clarification.  In your statement you talk about the municipal police stopping first in a white toyota and they told you to look out for this other brown toyota and another vehicle, Hiace. Were there links between the municipal police and the community soldiers like yourself?

MR MASHIANI: No there was absolutely no connection between us.

DR RANDERA: Why do you think they stopped and told you these things?

MR MASHIANI: I have no explanation for that because they came at very high speed and they just waited there and we went closer to them and that's the news that they delivered and went back later on.

DR RANDERA: Thabo, when all this was happening did you just see yourself having a responsibility to the community to protect yourselves? Did you see yourself as a soldier in a war and did you ever think that you could get killed or be permanently disabled as you are now?

MR MASHIANI: I never really thought of this because it was not the first time that I had done that.  I had been assaulted before by the police for being a freedom fighter but I was never seriously injured, so it never occurred to me that I would be permanently disabled.  I told myself that if I had to die, I would die even if I was inside the house.

DR RANDERA: Thabo my last question, as you know that one of the responsibilities the Commission has is to make recommendations to government. We have heard so many stories from young people who have been permanently disabled like yourself. Is there anything you would like to say to help us to make a recommendation in this respect?

MR MASHIANI: The recommendation that I would make to this honourable Commission, are you asking?

DR RANDERA: Yes.

MR MASHIANI: My recommendation would be that I would not be able to work for myself.  I do know that there are certain jobs that blind people could possibly do.  If the Commission could help me find a job so that I could be able to support my children and further their education.  If I could be helped to help myself I would appreciate it and I would like to say my gratitude to my wife who has been supportive throughout this period of difficulty.
 That is what I would like the Commission to help us as a family, not only myself but other victims of the violence.

DR RANDERA: Thank you Thabo, Chairperson?

CHAIRPERSON: Thabo when you started talking you said you ultimately got your disability grant.  At that time, what did you say that made you get that grant?

MR MASHIANI: I did not talk at the time, I had kept quiet but the translator was now speaking on my behalf and she was speaking in Afrikaans to the district surgeon.

DR RANDERA: So you mean that the translator was speaking in Afrikaans.  You don't even know what she was saying?

MR MASHIANI: No I don't.

DR RANDERA: Have you ever thought of instituting civil action against the police who injured you?

MR MASHIANI: I was scared to take action against the police because I knew there was a culture of impunity amongst them and that you could not report a policeman to another policeman. I tried several times, I even approached the government, that is why now I have come before this Commission because I have been scared throughout, I even went to Zambezi House where they gave me an address and I could not further my case because the attorneys had already moved.

DR RANDERA: Do you know the name of the attorney who promised to help you?

MR MASHIANI: I had these before but because we're staying in shacks we move from one place to another, I've lost quite a lot of the documents.

DR RANDERA: Thank you for...(end of tape)...the 10th of February where you'll be 29 years old.  This is really something very tragic to loose your eyesight at such a young age when you were in your prime, when you did have a job, and as you say it has had quite devastating effects on you. I think that what whichever way the Commission can assist with counselling or any other kind of claims which you need to make, the Commission can assist in directing you to the organisations or institutions which may be able to be of assistance to you.  So I urge you to try and make use of that facility.  There is a rehabilitation and reparations committee and they do try and facilitate, particularly in cases of desperate need which is clearly your case.
 So thanks for coming and as I said, approach the Reparations Committee for some of these concerns that you have. Thank you.

MR MASHIANI: Thank you.