Amnesty Hearings — Vanderbijlpark — 1999-05-12

MR STRYDOM: Umzimvubu Street ends at the end of the township and it makes a T-junction with Mthembu Street, is that correct?

MACHIHLILE WILSON BALOYI: No, the tar road starts from the township until the robots.  It was closed at that point and vehicles could not pass through there.  That is where the Koyokos were travelling.

MR STRYDOM: Yes.  Now seeing that we don't know the area as well as you do, can you show on the map, if I shoe you Exhibit j, what you mean?

MACHIHLILE WILSON BALOYI: No, I cannot.  I do not want to commit myself to this map, but I do know the area.

MR STRYDOM: Yes, but I'm going to try to make this map familiar to you.  Just have a look at the map.  Can you see Bafokeng Street?

MACHIHLILE WILSON BALOYI: Where I stay?

MR STRYDOM: Yes.  Have you identified Bafokeng Street?

MACHIHLILE WILSON BALOYI: Yes, I see it.

MR STRYDOM: And do you see the second house from the corner there, that will your house, 732?

MACHIHLILE WILSON BALOYI: Yes, I can see it.

MR STRYDOM: Three streets lower down you will find Umzimvubu Street, is that correct?

MACHIHLILE WILSON BALOYI: Yes.

MR STRYDOM: And that Umzimvubu Street is a tar road, is that right?

MACHIHLILE WILSON BALOYI: Yes, it is a tar road.  There is a school around here and it is, this is all tar road until the robots.

MR STRYDOM: Do you see Mthembu Street that forms a T-junction with Umzimvubu Street?

MACHIHLILE WILSON BALOYI: Umzimvubu passes through there.  That is not the end of Umzimvubu.

MR STRYDOM: So you say that Umzimvubu extends in the direction of KwaMadala Hostel?

MACHIHLILE WILSON BALOYI: Yes, towards the small foot bridge.

MR STRYDOM: And does the tar extend to the footbridge?

MACHIHLILE WILSON BALOYI: From that footbridge it turns towards the robots.

MR STRYDOM: Yes, so what you are saying is that Umzimvubu will take you right through the veld, that road, to the footbridge close to Frikkie Meyer and then it turns right towards the robots, is that what you're saying?

MACHIHLILE WILSON BALOYI: I do not know how to explain it.  This road was used by vehicles.  It was closed later on, but it remains a tar road.

MR STRYDOM: Just correct me where I'm going wrong. If you drive in Umzimvubu out of Boipatong township and you carry on in the direction of the footbridge, can you carry on with that road till you get to the footbridge?

MACHIHLILE WILSON BALOYI: It turns around there.  There tar road will be there and the footbridge just somewhere around there.

MR LAX: Mr Strydom, sorry, if one looks at M1, I think what he's trying to describe, I can't say for sure, but there's something apparent there.  Maybe if you show him that photograph he may be able to explain because the portion that you're referring him to on the map is blank, there's nothing beyond that and so the context is completely lost.

MR STRYDOM: Yes, I understand that.  I'm going to show him the map now, but before I do I just want to get him to commit himself on something.
	You say that the tar road extends to the bridge, is that what you are saying?

MACHIHLILE WILSON BALOYI: No, I'm not talking about the bridge, I am referring to a small footbridge.  That is where the road turns, it bends and then goes towards the robots.

MR STRYDOM: Yes, I understand that, but before you make the turn - I understand you can't drive over the bridge, but before you get to the bridge, the portion from the township to the bridge, can you describe that road?

MACHIHLILE WILSON BALOYI: You would walk straight and come across the footbridge and then the road turns in that direction towards the robots.

MR STRYDOM: That section or portion from the township before you turn, but up to the bridge, is that a tarred road or not?

MACHIHLILE WILSON BALOYI: It is a tar road, it has always been a tar road.  It is the main road at Boipatong.

MR STRYDOM: I want you to look at the photograph M1.  I'll show you my copy, it's the only copy I have.  Just have a look at that Exhibit M1 and see if you can orientate yourself.  It's an aerial photo.

MACHIHLILE WILSON BALOYI: I can't do that, on that one.  ...(indistinct) know that place. (sic)

MR STRYDOM: Just tell me, do you understand the photograph or not?

MACHIHLILE WILSON BALOYI: I see the photograph but there are some red areas where I cannot make out what those places are.  I cannot see properly.

MR STRYDOM: Do you see the township, Boipatong?

MACHIHLILE WILSON BALOYI: I just see red areas.  If you say that is Boipatong, alright.

MR STRYDOM: I put to you that is Boipatong you see, the very small houses that you call red areas.  I want to point number H ...(intervention)

MR BERGER: Chairperson, just for the record, the witness said to Ms Cambanis: "I can't do this".  I don't know if that got onto the record.  He said it in English.

CHAIRPERSON: Would you show him what, where H is and tell him what that point stands for.

MR STRYDOM: I want to put to you that point H depicts, although you can't see it clearly, that is the bridge, that's the footbridge you've been referring to.

MACHIHLILE WILSON BALOYI: Yes.  So there's a bend here, an S-bend here.

MR STRYDOM: Ja.

MACHIHLILE WILSON BALOYI: To the right.

INTERPRETER: There is a bend to the right.

MR STRYDOM: Yes, and one can make out on that photograph some road or footpath that runs from the township to that point, is that correct?

MACHIHLILE WILSON BALOYI: From that open space you can see this area.  You can even see the cars travelling along Frikkie Meyer.

CHAIRPERSON: That is from your house?

MACHIHLILE WILSON BALOYI: Yes.

CHAIRPERSON: Ja, alright.

MACHIHLILE WILSON BALOYI: You can even see the cars.  If maybe there is an accident at the robots you can witness all that from my home.

MR STRYDOM: Yes, but all I want you to have a look at on that photograph, you can see there's some footpath or road taking you from the township through to that point H, that's the bridge.  Do you see that?

MACHIHLILE WILSON BALOYI: Yes, I see it.

MR STRYDOM: And you say that road is a tarred road?

MACHIHLILE WILSON BALOYI: The tar road starts from the township.  It is a very old road that was even there when the township was opened.

MR STRYDOM: Now if you use that road as a starting point, where did you see the Koyokos when you came out and reached the position where you could see ...(intervention)

MACHIHLILE WILSON BALOYI: I saw them on the tar road, on the same tar road.  I'm not referring to any other place, I'm speaking about that tar road that turns as you proceed towards the robots.

MR STRYDOM: Now did you see them close to a bridge or close to the township?

CHAIRPERSON: The footbridge?

MR STRYDOM: Ja, the footbridge.
	The Koyokos, did you see them close to the footbridge or close to the township, or in the middle?

MACHIHLILE WILSON BALOYI: They were following - the one was parked behind the other.  We were watching them.  And people were walking along that open space.  We were watching them as they drove along.

CHAIRPERSON: With reference to the footbridge, can you say where these Koyokos were?

MACHIHLILE WILSON BALOYI: They were close to the footbridge, but one was already up in front.

MR STRYDOM: Had the one already made the turn - sorry.

MR BERGER: Mr Baloyi needs his glasses, and that might make it a bit easier.

MR STRYDOM: I take it he hasn't got them here.

CHAIRPERSON: You don't have to look at the map, just tell us, with reference to the footbridge how far these Koyokos were.

MACHIHLILE WILSON BALOYI: As you have already mentioned, when the tar road, when the road approaches the footbridge, it turns around there.  There was Koyoco parked next to the footbridge and there was another one in front of that one, further up.

CHAIRPERSON: It wasn't parked, was it?

MACHIHLILE WILSON BALOYI: They were driving by slowly.  They did not park.  They were on duty, so they were not parked.