Human Rights Violation Hearings — Balfour — 1997-05-23

RUSSELL ALLY: Before I begin are you accompanied by somebody ?  Would you introduce the person who's come with you.

MR MNISI: This is my mother.

RUSSELL ALLY: Welcome to your mother.  Before I ask Doctor Randera to assist you with your statement, will you please stand and raise your right hand to take the oath.  Thank you.

MR MNISI: (sworn states)

DR RANDERA: Mr Mnisi, good morning to you and to your mother.  Welcome to you  both.

MR MNISI: Good morning.

DR RANDERA: Mr Mnisi you are living in Siyathemba.  We were told this morning that this is the town of hope.  You're taking us to two periods, one in 1978 and the other one in 1990.  The first one related to something where thousands of our people struggled against it, when many of our political organizations were banned in 1960 Sharpville and the killings that took place in Sharpville resulted because of a protest against the Dom Pass or the Pass Law.  You are going to take us to 1978, what happened to you first there and the experiences you had and then the second one is related to a much more difficult time in your community but what we saw throughout South Africa.  A struggle against local councils, rent boycotts and the results that came out of that.  So take your time, tell us about what happened in both situations please.

MR MNISI: I would like to take this opportunity to thank the Chairperson and the entire Committee.  It was in the morning at about nine o'clock on the eleventh of October 1978.  I went to the shop to buy a cooldrink and I met a Boer by the name of Fanie de Beer who was working at the local police station.  This policeman tried to stop me along the road and asked for my passbook and the lodger's permit.  I told him that left those documents at home.  He told me to get inside the police van.  I refused and told him that the only people will get into the police van are the ones who are arrested.  He locked the car and we walked back to my house.  I opened the door and went inside.  I tried to look for the documents he wanted.  They were in my Mom's bedroom and they were at work during the day.  I told him, the documents you want from me are in this bedroom but I'm unable to get in because it's locked.  He told me I should kick the door open so I can gain entry and get the documents.  I told him he better do that so my Mom and Dad will hold you responsible for that.  He was adamant that I should kick the door open and I refused.  I told him that the owners of the bedroom are at work and I can't do that.  He started assaulting me at that time.  He hit me with a fist and I asked him, are you fighting now or do you want a lodger's permit ?  He said to me, kick this door open.  I told him that I won't do that.  After that I hit him back because I realized that he was fighting.  When I hit him back, he fell on the sofas.  When he fell on the sofas he drew his gun and shot me on my right thigh, on my right foot.  When I tried to step down I realized that my
foot was broken.  He left.  I fell into the kitchen from the dining room and he went back to the dining room.  He closed the curtains.  I just heard the sound that he was closing the curtains.  He went past me in the kitchen, went outside and brought more police into the house.  One of them was a Sergeant Station Commander.  I have forgotten his name.  I think he is Maboya.  He is Joubert, something like that.  The Station Commander he brought with him asked, what happened to this gentleman and he told him that he's already shot me because I didn't have a pass book and a lodger's permit in my possession.   He wanted to find out why he didn't arrest me instead of shooting me.  The Station Commander said to the other policemen they should take me to the van and we drove to town to Doctor Lindeque and he put me under the X-ray and it was discovered that I had a fracture and I was transferred to Heidelberg Hospital.  I was admitted there for a day.  The following day the doctors came to attend to me and the same results were obtained.  I was transferred from there to Natalspruit Hospital.  It was there that I was operated on.  They inserted screws into my foot.  I was shot for the lodger's permit and pass book and I had those things, it's just that I could not get them because they were in the bedroom and the bedroom was locked.  That's what happened.

DR RANDERA: Mr Mnisi, can I ask for the indulgence of a Chairperson.  Perhaps we should just talk about this one incident because the second one is related to something  completely different and there are many other stories that will follow that will talk about what happened in 1990.  So if I can just ask you a few questions on what happened in 1978.  You must have spent a long time in hospital.  How long were you in hospital for ?

MR MNISI: In Natalspruit Hospital I spent three months, if I'm not mistaken in 1978.

DR RANDERA: When you came back to ... (interrupted)

MR MNISI: When I was discharged I went back home the first day.  The second day the police came and took me to the charge office locally and I was told that the person who shot me opened a docket for me and there's a case ready that I should attend at the court of law.

DR RANDERA: Had you laid any charges, either whilst you were in hospital ... (interrupted)

MR MNISI: I was kept at the hospital for three months and I couldn't lay any charges immediately.

DR RANDERA: So you hadn't laid any charges yourself against the policeman.

MR MNISI: The police first laid charges against me.

DR RANDERA: The charge against you was that you actually tried to attack the policeman with an axe.  What's your comment about that ?

MR MNISI: He alleged that I wanted to stab him and chop him with an axe.  That is not true, he is the one who shot me.  To my surprise that was the case he opened.

DR RANDERA: Tell us what happened.  Did you actually end up in prison or was the case dropped against you ?  Did you get a sentence that was suspended ?

MR MNISI: I wasn't sent to prison but I got free bail.  At the end of the case I was sentenced  to three years suspended sentence.

DR RANDERA: Were you working at the time ?

MR MNISI: I wasn't working at the time.  I was a vendor.

DR RANDERA: What about your present status, are you working now ?

MR MNISI: I'm not working now.  I have since not been employed.

DR RANDERA: Mr Mnisi going back to your statement, you say in 1978 the police were in full force trying to stop the influx of people into urban areas by arresting those who do not have pass books.  This is quite a small community, I would imagine  in 1978 it was even smaller.  Just take us back to that time and describe how these things were being done and your own experiences as well ... (interrupted)

MR MNISI: The police were arresting people who were not employed.  If you had a special you were not arrested but if you didn't have one you would be arrested.  Even if you didn't pay the rent, you would be arrested for that.

DR RANDERA: Would the police come in to Siyathemba and arrest people and carry out raids at night or during the daytime ?

MR MNISI: People used to come day and night, raiding the house Siyathemba and arresting people.  They were not joking.

DR RANDERA: Chairperson if I may I'd would like to move on to 1990.  Mr Mnisi would you like to say anything else about that 1978 period before you come to tell us what happened in 1990 ?

MR MNISI: I would like to know about Fanie de Beer.  I would like to know his whereabouts because he is the one who injured me.

DR RANDERA: We'll take note of that.  Thank you.  Would you like to go on and tell us what happened to you in 1990.