Human Rights Violation Hearings — Heiderveld — 1996-04-25

ADV NTSEBEZA: Baba there was something that wasn't clear.  It wasn't quite clear in English because you were speaking too fast.  Now I am going to ask you just to ensure that is it what really said, is only one - just one part of it.  After you have been blinded by being shot, then you got out of the hospital, the police tortured you since 1987, is that so?

MR SIKWEPERE: [No audible answer]

ADV NTSEBEZA: Did they interrogate you until 1987, is that so?

MR SIKWEPERE: Yes that's so.

ADV NTSEBEZA: And you were already blind at that time?

MR SIKWEPERE: Yes, that's so.

ADV NTSEBEZA: And what they emphasized on was  because you were blind, you were the one keeping the arms, you were the one hiding the arms.  No because the police will not suspect you, now they were going to make you show them the arms, is that so?

MR SIKWEPERE: Yes that is so.

ADV NTSEBEZA: Thank you.

CHAIRPERSON: Wendy Orr.

WENDY ORR: I am going to ask you a few questions, it may be that - that you did answer them, but I didn't understand the translation very well.  You were speaking about the night when you were shot and you said there were people with the police who you called Inkatha is that right?

MR SIKWEPERE: Yes that's so.

WENDY ORR: Do you mean by this members of the Inkatha Freedom Party of was it another group of people?

MR SIKWEPERE: Those people were called Inkatha because they were speaking Zulu.  And they came to collect everybody who were - who were speaking Afrikaans at that time, wanted to speak Afrikaans, that's how now they were called Inkatha because of their language.

WENDY ORR: Thank you, and just one other question, before you were shot, who did you see standing there pointing a gun at you?

MR SIKWEPERE: The person I was looking at, pointing a gun at me, I saw this gun pointing at me and I heard the shot against my cheek and it was Barnard, he was standing next to his car.

WENDY ORR: Thank you very much.

CHAIRPERSON: Dr Boraine.

DR BORAINE: I want to ask you two questions.  The first is when you recovered but - from your injuries but you were blind, was there any Court case or anything that happened after that?

MR SIKWEPERE: I don't quite understand the question.

DR BORAINE: Was there - let me try and rephrase that.  You were shot and you were blind was their any investigation about - against the man who shot you at all?

MR SIKWEPERE: Yes there was an investigation, I was at the hospital my face was swollen.  There were people coming from legal aid from Town.  I didn't go to their offices, they came to me.  Because they couldn't come to the township easily.  When they asked me how everything was going - my case, I told them no, there was no progress in my case.

DR BORAINE: And what happened after that?

MR SIKWEPERE: Like I said my lawyer told me to - to resign because my case now wasn't going anywhere.

DR BORAINE: The last question that I have is, that was in 1985 is that right when you were shot?

MR SIKWEPERE: [No audible answer]

DR BORAINE: Was that in 1985 when you were shot?

MR SIKWEPERE: Yes it was the last day of the year.

DR BORAINE: And in 1987 you were tortured again.

MR SIKWEPERE: Yes very much.

DR BORAINE: Is that at the Guguletu police station?

MR SIKWEPERE: Yes it was at Guguletu police station.

DR BORAINE: What did they do to you?

MR SIKWEPERE: I wasn't beaten at the Guguletu police station, I was taken away from my families, where nobody could visit me.  Now that was the time when I actually did what they wanted me to do.  There was a statement, a fifteen page long statement that was made by this policeman, then after that's the only time I was released.

DR BORAINE: [indistinct] you before you made the statement.

MR SIKWEPERE: Before I gave this statement, they threatened me I wasn't beaten up, I was threatened very much, the last time I was beaten up, it was at the police station where I was - a sack was put on over my face.

DR BORAINE: That's all I want to know, thank you.

MS GOBODO-MADIKIZELA: Thank you, take off your earphones, Baba I would like to tell the people of the Commission because of the question that was asked by one of our ladies about the Inkatha.  I want to tell them that in the townships where there are Xhosa speaking people, during these riots and all the violence, if there were other people who were not Xhosa speaking there, and they were speaking Zulu, those people living in that area, would conclude that those are Inkatha people.
Now because these are seen as enemies, so now they would be called Inkatha.  Now when it come to the Cape Town townships, those people called wit doeke I am sure this sister next to you is going to bear witness to this.  You use to call them amabatcha just because they are Xhosa dialect wasn't the same as the - as yours here in Cape Town.  It's closer to Zulu, that is now how they were now referred to as Inkatha.  I just wanted to give that report, so that my colleagues here can understand that.  Baba do you have any bullets in you as we speak.

MR SIKWEPERE: Yes there are several of them.  Some are here in my neck.  Now on my face you can really see them, but my face feels quite rough, it feels like rough salt.  I usually have terrible headaches.

MS GOBODO-MADIKIZELA: Thank you Baba.

CHAIRPERSON: We will come again after lunch.

MS GOBODO-MADIKIZELA: Thank you Chairperson.

DR BORAINE: I have to swear her in.

MS GOBODO-MADIKIZELA: Again?

DR BORAINE: She hasn't been sworn in.  Ms Feni can you hear me.

MS FENI: Yes.

DR BORAINE: Can you hear the translation?

MS FENI: Yes I can hear it well.

DR BORAINE: Oh! that's great, it's really nice welcoming you here this afternoon I am sorry we had to interrupt and keep you waiting for the lunch break, but we very glad to see you now.  I have to ask you to take the oath, so would you please stand.
NONTOBEKO GALLERY FENI  Duly sworn states

DR BORAINE: Thank you very much, you may be seated, Pumla thank you.

MS GOBODO-MADIKIZELA: Thank you Chairperson, Ms Feni we have already asked for your forgiveness for making you walk up and down.  We'll start working Nontobeko you can take your earphones off now.  Baba has already told us what had happened that day, the last day of 1985.  Please give us a mental picture of what you saw and the reason why Barnard went to your place, please tell us mamma.

MS FENI: We heard a loudspeaker - when we went to the tar road, responding to the loudspeaker's call, we found out that it was Barnard who was calling us.  He was in the car, he was with another man, the name of that man with Barnard was Swart.

MS GOBODO-MADIKIZELA: Is he a policeman?

MS FENI: Yes he is a policeman.

MS GOBODO-MADIKIZELA: Was Swart driving?

MS FENI: No Barnard was driving, Swart was next to Barnard, he usually - he is usually with Barnard all the time.  When he called us there were men waiting in the yard among our shacks.  And that was the place where the boers use to patrol.

MS GOBODO-MADIKIZELA: Who were Pluto's?

MS FENI: The Sotho - Sotho speaking men from Nyanga East who usually wear blankets, were the one's we called Pluto's.  They use to stay at Nyanga East next to terminus.  Barnard was from those people, while he was with us now, he told us come out comrades, you are cowards, are you afraid of these people.  Ja and you know - as you know when somebody is calling you a coward, you don't want to be called a coward, you come out.

MS GOBODO-MADIKIZELA: Who are these people were they wit doeke?