Human Rights Violation Hearings — Beaufort West — 1996-08-12

MARY BURTON: Good afternoon, Mr Yabo.

MR YABO: Good afternoon.

MARY BURTON: We're al of us seated across the table in front of you.  We hope you're comfortable, can you hear all right?

MR YABO: I can't.

MARY BURTON: No?

MR YABO: Can I speak Afrikaans?

MARY BURTON: Can you hear me all right?

MR YABO: Ja.

MARY BURTON: Right, I hope you feel comfortable.  We're all seated across the table in front of you and if you sit where you are now, you - the microphone is in front of you so we will be able to hear you.  Please will you stand now to take the oath.
SIDNEY YABO Duly sworn states

MARY BURTON: Thank you very much.

<UNKNOWN>: Bietjie voorentoe, skuif voorentoe.  Okay, okay.

MARY BURTON: Adv Denzil Potgieter is going to assist you to tell us your story.

ADV POTGIETER: Thank you, Mary.  Mr Yabo, can you understand me when I speak Afrikaans.  I hear you - you made the oath in Afrikaans, so I'll speak Afrikaans to you.  I'll facilitate your evidence and this - in the story you are going to tell.  And I would also just, once again, like to say - like Mary Burton said to you - I would like to reiterate the welcome that she expressed.  
Your story takes us back to the situation in Beaufort West, during a short period of a few months, when kitskonstabels were working here in the residential areas.  And earlier this morning we received a background picture from Joyce Seroke about  the situation in Beaufort West at the time where kitskonstabels were patrolling the areas, and your story is once again going to take us back to those incidence.  
You, in fact, were the first victim of five - first of five  victims which Joyce Seroke referred to who were either killed or seriously  injured during the  reign of the - of terror of the kitskonstabels, so we are going to listen to your evidence now, which is about a shooting incident on the 20th of June 1987.  So I would like to begin by asking you to explain to us what happened on the 20th of June 1987.

MR YABO: Can I start?

ADV POTGIETER: You may.

MR YABO: We came from  a nightclub and were on our way home - it was approximately 
9 o'clock that evening.  On my way I heard a shot and started running.  I was  [indistinct]  - taken to the hospital at Beaufort West - I was in Cape Town for 3 weeks and they came to fetch me in a police van and locked me up for two days, at the Police Station.   Then they came to fetch me and I was released on free bail.  
The trial  continued for approximately a year and there were allegations that I had burnt someone's house  and then the case was finalizes on the 17th of May 1988.  A claim was instituted - I'm not sure what the amount was - and the attorney representing me gave me R12,500-00 but I haven't received anything beyond that.

ADV POTGIETER: The interpreters found that - unfortunate a bit difficult to hear.  If - if the Commissioners could assist the victim.    We've missed that last answer from the person.  I'm going to ask - I'm  going to ask you to perhaps - with Paul's help - just move a little bit closer to the mike because people in the hall might battle to hear but also the interpreters so that - that might have a problem to interpret, so maybe can you  just sit a little bit closer.  
I'm going to ask a few questions to you so that we can get this story complete from you.  You say that it was on the 20th of June 1987, at approximately  900 p.m. the evening, when this shooting incident  took place.  Is that correct?

MR YABO: Yes.

ADV POTGIETER: Where did this happen?

MR YABO: At KwaMandlekosi location.

ADV POTGIETER: Could you just repeat that please?

MR YABO: In the location.

ADV POTGIETER: Were you on your way home?

MR YABO: Yes.

ADV POTGIETER: Were you walking by yourself?

MR YABO: Yes.

ADV POTGIETER: Do you know who - who shot you?

MR YABO: I heard afterwards that James Mbami had shot me threw the window - he had shot me threw the window.

ADV POTGIETER: And when you were shot, did  you walk past he's house -  were you walking past he's house?

MR YABO: Yes, I have to past he's house in order to get home.

ADV POTGIETER: So it I understand your evidence correctly, you were merely walking passed James Mbami's house when he shot at you threw the window?

MR YABO: Yes.

ADV POTGIETER: How  old were you at the time, in 1987, how old were you?  Can't you remember, well that doesn't matter.  Were you working at the time?

MR YABO: Yes.

ADV POTGIETER: And you didn't have any health problems at the time?

MR YABO: No.

ADV POTGIETER: So, you were shot and you were taken to the hospital and you say that afterwards you were taken to Tygerberg Hospital in Cape Town?

MR YABO: Yes.

ADV POTGIETER: Did - were you operated upon?

MR YABO: Yes.

ADV POTGIETER: Which part of your body?

MR YABO: My eyes.

ADV POTGIETER: Both your eyes?

MR YABO: Yes.

ADV POTGIETER: So they removed both your eyes?

MR YABO: Yes.

ADV POTGIETER: Were you shot in the face?

MR YABO: Yes.

ADV POTGIETER: And what did they say to you what - what type of weapon was used?

MR YABO: These long weapons of theirs - these which shoot  the pellets - the shotguns - rifles.

ADV POTGIETER: You were shot with a rifle?

MR YABO: Yes.

ADV POTGIETER: And you say that when you were finish at Tygerberg Hospital, you were arrested?

MR YABO: Yes.

ADV POTGIETER: What for?

MR YABO: For public violence.

ADV POTGIETER: For public violence?

MR YABO: Yes.

ADV POTGIETER: What do they say, what had you done?

MR YABO: They said I was - I was recent when this person's house was attacked.

ADV POTGIETER: Was this person's house attacked?

MR YABO: I don't know, when I passed there it was quiet.

ADV POTGIETER: And there was a court case.  Did James Mbami give evidence in Court?

MR YABO: Yes.

ADV POTGIETER: And what did the Court have to say about his evidence - did they reject it?

MR YABO: Yes.

ADV POTGIETER: Did you also give evidence?

MR YABO: Yes,  I also did.

ADV POTGIETER: And did the Court except your evidence?

MR YABO: Yes - no.

ADV POTGIETER: Did you lay a charge against him?

MR YABO: The attorney did.

ADV POTGIETER: Did you not lay a charge against him at the Police Station?

MR YABO: No.

ADV POTGIETER: And you say that there was some money paid out in this case?

MR YABO: Yes.

ADV POTGIETER: To - against whom  was the claim instituted  - against the State?

MR YABO: Yes.

ADV POTGIETER: And how much was then paid out to you?

MR YABO: R12,500-00.

ADV POTGIETER: Is this the money you received?

MR YABO: Yes.

ADV POTGIETER: But how much did the State actually pay out?

MR YABO: R150,000-00.

ADV POTGIETER: And was this money paid to the attorneys?

MR YABO: Yes.

ADV POTGIETER: Which attorneys were these?

MR YABO: E Moesa

ADV POTGIETER: What did they say about the balance of the money, what did they say where was it?

MR YABO: Monkey told me that the money was invested in Cape  Town and that every month he would bring me some money.

ADV POTGIETER: When was this money paid out?

MR YABO: He came to give me on the 10th of February - he gave me this money.

ADV POTGIETER: When last did you speak to them?

MR YABO: I don't always get hold of him.

ADV POTGIETER: You - of - did you try phoning him?

MR YABO: Yes.

ADV POTGIETER: When last did you get him on the telephone?

MR YABO: A few months  ago.

ADV POTGIETER: Has it been longer than that?

MR YABO: Yes.

ADV POTGIETER: This James Mbami - who shot at you - where is he now?

MR YABO: He shot himself.

ADV POTGIETER: When?

MR YABO: I think it was last year.

ADV POTGIETER: So I accept that you'd like the Commission to investigate the matter regarding the money that is due to you, so that we can find out from the attorneys what happened to that money?  I except that you have need for the money.  You're not working at this moment, is that true?

MR YABO: Yes, I'm not working.

ADV POTGIETER: And in fact you can't work again in life.

MR YABO: No, I can't.