Human Rights Violation Hearings — Ladybrand — 1997-06-26

MR LAX: And what happened about that?

WITNESS:   They didn't accept my case.  They would write down my statement, and then you would wait to be called but you were never called.

MR LAX: (Inaudible) ... about it.

WITNESS:   Nothing they did anything about the case.

MR LAX: Have you rebuilt the house?

WITNESS:   I just asked assistance from RDP.  I haven't yet entered that house again.  I am staying at my parents' home.

MR LAX: The house is still empty now?

WITNESS:   RDP people are busy building the house, but I have not yet entered it. Okay.  So are you getting some assistance to rebuild that house?   ---   Yes, that's true.

MR LAX: We sent our investigators to the police station at Rouxville to try and look through the records, but unfortunately all the records from 1990 have been destroyed.  I just want you to know we have actually tried to track down the records of these cases.

WITNESS:   Why did they destroy them?  I still have the card from the police station.

MR LAX: It's not necessarily a sinister thing.  All offices - all Government offices destroy their documents after a certain time, otherwise they would drown in paper.  And I am not sure exactly what the time limits are in the police departments, but I think it's about five years.  So this is longer than five years, so they probably wouldn't have kept the records for that long.  But I don't think it's necessarily a sinister thing.  Just to tell you that we have tried to contact - we've sent letters to Mr Mangese, we've sent letters to Tate, and to all the people you've named, and we've had no response from them.  Particularly the policemen it's been confirmed that they did actually get the notices.  So that's why, as opposed to yesterday, we're letting people name names because those people have had notice.  You and your family are living okay now, you're not too badly affected by this?

WITNESS:   We were badly affected, because at times I am not able to clothe my children.

MR LAX: Do you have any idea of what the value of your losses were?

WITNESS:   I would not know, but those were furnitures, clothes, and what you would normally found in a house.  I would never know how much it cost. Thousands of rand though.   ---   I don't know exactly.

MR LAX: Thank you.  Chairperson, I don't know if you have any questions you might want to follow up on?

CHAIRPERSON: Mrs Selemela, thank you very much.  You've given us a bit more of a background and a picture of what happened in Rouxville.  Just one last question.  Your family were ANC, is that right?

WITNESS:   Yes, that's true.

CHAIRPERSON: And I see you've been a long-time member of the ANC.

WITNESS:   Yes, Sir.

CHAIRPERSON: You say here you were a member since 1970, is that correct?

WITNESS:   Yes, Sir.

CHAIRPERSON: Obviously at that time it would have been unlawful to be a member.

WITNESS:   Yes, it was unlawful, Sir.  We did that underground.

CHAIRPERSON: No, I understand.  Just in conclusion then, thank you very much for coming.  Thank you for giving us this picture.  It's really a shocking picture.  We've seen all over the country, that the police did not play an impartial role, that they were clearly opposed to anyone who was opposed to the government of that time, and they would use anyone who was their potential ally to work with.  And we really hope that as we develop into a new democracy that the police will really come to serve the community, regardless of who they are and what their political beliefs are.  So we thank you once again for coming and for sharing with us, and we hope the telling of your story has helped you and been helpful for you.  Thank you very much.

CHAIRPERSON: /CHAIRPERSON

CHAIRPERSON: Just to make one announcement.  If anyone here wants to make a statement to the Commission we have statement-takers present here in the rooms in the back of this hall, so if you want to make a statement about anything which has happened to you please sit at the back of the hall, and the statement-takers will come along and collect you and take you to a room where you can make a statement.  So it's just a little room off to the side of this hall there.  The statement-takers will be there for you if you want to make a statement.  We're going to take a short tea break now for about 20 minutes, and we will resume after that.  Before you stand up and leave please just stand up out of respect for the witnesses in the front and wait until they leave the room.  Thank you very much.
TEA ADJOURNMENT
/ON RESUMPTION
ON RESUMPTION

CHAIRPERSON: Good morning, Mr Semakale.  Can you hear me, can you understand me?

MR SEMAKALE: You are clear, Sir.

CHAIRPERSON: You are from No 2 Location in Ficksburg, is that right?

MR SEMAKALE: That is correct.

CHAIRPERSON: Your full name is Johannes Fokisi Simakale.

JOHANNES FOKISI SIMAKALE: That is correct.

CHAIRPERSON: Before you tell your story today can you please take the oath.

JOHANNES FOKISI SIMAKALE: (Sworn, States)   (Through Interpreter)

CHAIRPERSON: Now, just briefly by way of background, are you still - this incident that you're going to tell us about happened in Ficksburg Location.  Are you still living there, are you still staying in that place?

WITNESS:  Yes.

CHAIRPERSON: Are you - do you have family?

WITNESS:   Yes, I have my family.

CHAIRPERSON: And are you working there?

WITNESS:   I am a taxi owner, but it is broken at this present moment.

CHAIRPERSON: And at that time, which was now 1993 when this incident happened, were you also involved in the taxi business?

WITNESS:   Yes, I was still a taxi operator.

CHAIRPERSON: Now, at that time, August 1993, what was happening in Ficksburg in the location?  Were there political tensions of any sort, was there conflict?  Just give us an idea of what was happening in your area.

WITNESS:   In that year I had a contact with the police at the border.  On that day I went to fetch them at the border at about 9 o'clock in the evening.  I was using the main road.  I dropped one policeman at a certain place called Masani.  I was proceeding to go and take the other two policemen where they were staying.  When I was at a certain bottle store which was adjacent to ANC offices when I entered the main road I stopped.  I found a crowd of people, and the police were on the other side, but they were not mingling with the crowd.  When I proceeded on that street I heard a voice saying, "Here is another one."  Then people stoned my car, and the windscreen at the back was broken and a certain window on the left was broken.  I proceeded a little bit.  One policeman who was in that car said to me I should run.  Then I said to him I cannot run whilst my car was broken.  I opened the door and went outside, and those people scattered around and they leaned against the wall of the ANC building.  A certain policeman went outside, then he produced a gun.  A certain captain of the police who was with a certain group of police he asked us what was happening.  I said to him he is asking me nonsense because he see what was happening.  Then he said to me if I want to open a case I should go to the police station.  From there I accompanied those police whom I were with.  Then they asked that they should alight and go to their places and I should go home.  When I arrived home I explained to my wife what happened.  From there I proceeded to the police station.  At the police station a certain gentleman arrived to report what happened to his house.  I may mention his name if needed.

CHAIRPERSON: Did you make a full report of this incident to the police?

WITNESS:   Yes, I did explain in detail of what has happened.  The captain said to the other gentleman of - said to him, "Do you see what you are doing?"

CHAIRPERSON: Just before you continue, you wanted to mention something about somebody else's house that was damaged or burned, is that right?

WITNESS:   That's true.