Amnesty Hearings — East London — 1998-10-13

CHAIRPERSON: Now assuming we accept that his eyes were stabbed out, can you think of a reason other than being malicious that that occurred?  I mean it would not have occurred had they shot him, killed him, finished clinically, they didn't do that for whatever reason.  It's not quite clear why that didn't happen.  Assuming we find that the doctor's evidence is acceptable, would the stabbing of his eyes, can be considered other than malicious?

MR MBANDAZAYO: Thank you Mr Chairperson.   Mr Chairperson I wouldn't agree with you more on that one. Definitely Mr Chairperson I would come to any other conclusion, what would I say if somebody was stabbed in the eye, that situation, if that's the case Mr Chairperson.  What I wanted to stress is that Mr Chairperson, though we are not disputing the doctor's evidence that a sharp instrument was used doing that, but it depends what type of pickaxe he was using which might have caused that damage that resulted in his eyes having to be taken out.  That's my point Mr Chairperson. If it was something like a pick which is not ordinary, maybe it was not straight as we know it, a damaged one, a broken one, definitely Mr Chairperson it's my argument because I'm not trying to say to the Committee that it must accept that, it's my argument that it can cause that damage and be seen as something which was ...[indistinct] instrument was used in doing that.

UNKNOWN: He didn't say that Mr Mbandazayo, it was a pickaxe, he said it was a pick handle.  I think he specifically tried to illustrate that there was no sharp part of this particular handle.

MR MBANDAZAYO: Yes that's what, this is a pick handle Mr Chairman ...[intervention]

UNKNOWN: The sharp side of it had been taken off.

MR MBANDAZAYO: The iron part was taken off but Mr Chairperson I think when Mr Chairperson just ...(indistinct) ask him I think after tea break he was asking him about this sharp object, while with the doctor, he tried to come up with the explanation that the possibilities that the pickaxe when he was hitting him down, it may happen because at the end it was not round it was a damaged pickaxe, it is possible that it caused the damage.  But of course Mr Chairperson, Judge Pillay said to him well we are not interested in technicalities and all those things because all of us, we are not experts.   He was not trying to say, he was -in fact he - I'll put it this way, he was not trying to say it's him who did that, the doctor does not say it was him but he was just trying to ask whether any other particular person.  But of course he mentioned it because this other guy who had a firearm was afraid, he did not shoot and they ran away.  That's why he said it was him, he was sure that it was him who assaulted the victim, and he took his firearm.  Well I hope at the time the sanity prevailed on him not to shoot him.

CHAIRPERSON: Anything more?

MR MBANDAZAYO: Chairperson I have nothing to add unless the Committee wants more.

CHAIRPERSON: That's enough.  Mr Sandi I would just like to have the address of Mr August please.

UNKNOWN: I beg your pardon Chairperson?

CHAIRPERSON: The address of Mr August, can you give it to me please, have you got it with you?

UNKNOWN: I'll have to go through the bundle.  Unfortunately he's blind, could I walk up to him?  It's 111 Zwide Location.

CHAIRPERSON: Carry on.

UNKNOWN: It's 111 New Tinis Zwide Location, Fort Beaufort.

CHAIRPERSON: Do they still use words like Location?  Is that a formal address, Location?

UNKNOWN: Yes.

CHAIRPERSON: Fort Beaufort you said?

UNKNOWN: That is correct.

CHAIRPERSON: Have you got a telephone number perhaps?

UNKNOWN: Could I give you the telephone number of the Advice Office in Fort Beaufort, that's where he ...(intervention)

UNKNOWN: They're writhing something there, perhaps you should go down and get the address, the correct one so that we won't make a mistake with the address.

UNKNOWN: Mr Chairperson I've been given the following address, Mr August has since moved from the previous address.  He now resides at 1376 Nohashe Street, P O Box 110, Fort Beaufort and the telephone number of the Advice office in Fort Beaufort, that's where he can be contacted, the code is 04634 634 and the number is 31738.

CHAIRPERSON: Is that P O Box number the Advice Office number?

UNKNOWN: That's Mr August's box number.

CHAIRPERSON: Okay, we will adjourn for a short while.
COMMITTEE ADJOURNS
ON RESUMPTION
F I N D I N G