Human Rights Violation Hearings — Klerksdorp — 1996-09-23

CHAIRPERSON: Mr Jacob Motsau.   Order, please!  Order, please!  Tomorrow, maybe people from Motesane would be able to put up a stage so that those at the back should see clearly those who are giving evidence.

DR RANDERA: Mr Mosau, good afternoon.  Mr MOsau, you are accompanied by a gentleman on your right-hand side.  Could you please introduce him to us.

JACOB MOTSAU: That's my brother, Siwile Motsau is the one who is the one who is elder to me.

DR RANDERA: Mr Motsau, you are coming to tell us about yourself and what happened to you in 1986.  Commissioner Potgieter is going to be helping you.  Could you please stand to take the oath.

JACOB MOTSAU: (Duly sworn, states).

ADV POTGIETER: Thank you, Dr Randera.  Good afternoon again, Mr Motsau.  Welcome here.
 Your evidence relates to an incident that happened on the 5th of April of 1986, when you were shot and which resulted in your present condition of being disabled.  Now before we talk about that, perhaps just a little bit of your personal circumstances.  We have your date of birth as the 17th of April of 1956. Is that correct?

JACOB MOTSAU: Yes, Sir.
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ADV POTGIETER: And you are married?

JACOB MOTSAU: Yes, Sir.

ADV POTGIETER: Any dependants, any children?

JACOB MOTSAU: The one who is with his mother.  I am just looking after my brother, he is not working.  So the money, the disability allowance that I get, I support my wife.  I don't have money to buy a wheelchair.  Wherever I go I have problems.  When I go out of the gate, when I go to town and when I go out, I have got to be accompanied by somebody. I spend more because I am paying for two people.

ADV POTGIETER: Are you in receipt of a disability grant?  Is that correct, State disability grant.

JACOB MOTSAU: I get disability funds, yes.

ADV POTGIETER: Now let's talk a bit more about the actual shooting incident.  It happened, as we have said, on the 5th of April 1986. In fact, it seems a few days before your birthday.  Your birthday is on the 17th of April.

JACOB MOTSAU: Yes, Sir.

ADV POTGIETER: Yes?

JACOB MOTSAU: It was on the 5th of April, it was about quarter to eight, I was from my sister's house going to my house. I heard people singing and shooting. I was on my way home.  When I was on my way home, I saw people, among them Bennet Matshaba, there were two having guns.  Then they pointed with that gun. Then I turned back, I took another street.  Then they shot me at the back just on the spine.  The other one went under my arm-pit and it is still there.  Thereafter, where I fell, my brother came to pick me up.  When he was coming to pick me up, they said leave that person, otherwise we are going to shoot you again. Then he said shoot me, because he used to - then he picked me up.
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Then we jumped some fences.  Then we went to the taxis.  On our way out of the location, we met one of these police vans.  Then they stopped the taxi which we were in.  Inside that van there were soldiers.  Then they told the taxi driver to stop. Then they said where are you going.  Then the driver said we are going to the hospital.  Then they said why are you going to the hospital?  Then he said I am taking this person to the hospital because he is shot.  They said "shit", take him out and put him in the van.  Then those people who were in the taxi they took me to that police van or military van.  
 When we arrived at the police station then they said those people who were in that van should take me out into the police station.  When we arrived there we made me sleep on the waiting bench.  There was somebody who was sleeping on that bench.   I didn't look at that person's face and he was dead and they made me sleep next to him and they were pointing with those guns at me.  They said why don't you die.  Then anyone would say, they would kick me and then point with guns, and they would say close your eyes. I didn't want to close my eyes.  Then I just said let them shoot me and finish me. 
 Thereafter, I think the station commander who was the leader of that police station at the time, said to them take the dead one to another place.  Then they moved me.  Then I see that that person that I was sleeping next to was dead.  Then I could see the pins were opening, then I could see that this person is being thrown.  At that time I was crying inside.  The one who was in charge said this one seems to still have some strength, take him to the hospital.  
 Then when the ambulance came they put on some drips and KLERKSDORP HEARING TRC/GAUTENG
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took me to the hospital. Inside that ambulance, one of them was escorting me, it was a soldier with a big gun and sitting with me in the ambulance, up to the hospital. 
When we arrived there, that soldier went back with the ambulance.
 Then I was admitted to the hospital.  Then the doctor examined me.  He said I will not be able to walk again for the rest of my life, I will be using a wheelchair for the rest of my life, but my hands are strong.
 Thereafter, whilst I was still in the hospital, when my relatives were visiting me, they said to me the police are not making them to sleep, they are asking where I am, they are looking for me.  Another time the doctor said to me - I was having some few months in the hospital and the doctor said I am strong, I may go home and start to practise to use the wheelchair.  
 On a Friday I went home. Then I was supposed to come back on the Monday.  I didn't go back on the Monday, I came back on the Sunday.  The Sunday evening the police came looking for me, because they saw that I was at home.  They came three or four times.  
 When I was discharged from the hospital I was working and where I was working at Cash 'n Carry, the company, I was using a wheelchair at work.  I made a statement to Brady & Roelfs.  Then I made a civil claim against the person who shot me.  They gave me Cyril Silent to be my lawyer.  Then he was saying he is making a claim for R300 000,00.  Even up to now I don't know what happened, I don't know where to find him. I was still working. 
 Then this Bennet Matshaba came to me again with another White man, and they told me that they are coming to pick me 
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up to make a statement because I have been arrested, because I am the leader of the comrades. I was arriving about five metres, leading 500 people.  I refuted that because I am not going, I will not go with you, I will come tomorrow,  tell me where I should go. They said I should come to the magistrate's courts and they told me the room number. Then I came first to Brady, then I met Cyril. Then he said I should go, I must not be afraid.  
 When I arrived there, I came back from Cyril, and then I know that they said I should not make a statement.  But they told me, showed me the whole statement which had been written.  During that case they said I was convicted for two years.  The magistrate said he knows that I have made a civil claim against the State, but he sentenced me for two years.
 After I came out of prison - I spent two months in prison. Thereafter I tried to find out where can I get help.  Up to now I tried by all means,  I couldnt' find help anywhere.

ADV POTGIETER: I would just like to ask a few questions to get more details about the incident and the evidence that you gave.  Where did the shooting incident happen, where were you shot?  In which street was it, in which township?

JACOB MOTSAU: It happened at Kanana, at Bennet Matshaba Street. Bennet Matshaba was in his yard, under the trees.

ADV POTGIETER: What was the situation like in the Kanana Township at that stage?

JACOB MOTSAU: It was not peaceful. I could hear some songs and gun shots.

ADV POTGIETER: Was there unrest in the township, riots, as they said?
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JACOB MOTSAU: Yes, it was full of riots.