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

CHAIRPERSON: Okay.  Mr Semakale, thank you very much for coming in.  You have given us a new perspective on the conflict which took place in Ficksburg.  Most of the evidence that we have heard over these many months that we have been sitting has been between two parties who were diametrically opposed to each other, the IFP or the ANC, the Security Branch and the UDF, things like that.  Every now and then we have come across cases where people or organisations who have very similar principles to each other also fall out with each other, and that is also part of our history.  It's a very unfortunate part of our history, and it's very unfortunate and very sad that people, ANC Youth members who were, and maintain that they were, fighting for democracy in this country, should have resorted to something so fundamentally undemocratic like stoning people's houses and cars, simply because they disagreed on certain minor issues of principle or organisational strategy.  And we hope that those days are over.  But your evidence is important because it has drawn attention to that sort of conflict, which took place in many parts of this country.  We've heard evidence in places in KwaZulu-Natal and in the Eastern Cape, where members of the same organisation fought and killed each other.  We've heard evidence from the IFP in KwaZulu-Natal, where people who were IFP members, but refused to take part in night operations, night camps as they were called, people who moved around the township at night - because certain IFP members refused to take part in those operations they were also attacked and killed by their own members.  So we've heard a lot of evidence similar to that you have given.  So we thank you again for coming and telling us that information.  It will form part of the record that we are creating of this country's history.  Thank you very much for coming in today.

CHAIRPERSON: /CHAIRPERSON

CHAIRPERSON: The next witness is Mr Masemola, Clement Masemola.  (Pause)  Good morning, Mr Masemola.  Can you hear me, can you understand me?

CLEMENT MASEMOLA: Yes.

CHAIRPERSON: You're also from Ficksburg, from No 2 Location.

CLEMENT MASEMOLA: You are correct.

CHAIRPERSON: And you have come to tell us about what happened to you in September 1992 when you were arrested and assaulted by the police.  Before you tell us that story can you take the oath please.

CLEMENT MASEMOLA: (Sworn, States)  (Through Interpreter)

CHAIRPERSON: Mr Lax will help you.

MR LAX: Thank you, Chairperson.  Welcome again, Mr Masemola.  Before you give your evidence if we can just get a picture of your family.  You were born in May '73.

WITNESS:   That is correct.

MR LAX: That makes you 24 at the moment.

WITNESS:   That is correct.

MR LAX: Are your parents still alive?

WITNESS:   My father died.  I am left with my mother and my grandmother.

MR LAX: And do you have any siblings?

WITNESS:   Yes.

MR LAX: How many please?

WITNESS:   I have two sisters and I have two brothers.

MR LAX: Have you - are you still busy with or have you completed your schooling?

WITNESS:   I did not complete my schooling.

MR LAX: What are you doing at the moment?

WITNESS:   I left school during the torture by the police.

MR LAX: And are you working at the moment?

WITNESS:   I am unemployed.  I am just staying at home.

MR LAX: Would you like to continue with your education?

WITNESS:   I wanted to carry on with my studies, but during the torture by the police they fastened me to a tree with the handcuffs and they chained my legs too.  I used to write with my left hand.  Now, during the torture I got injured on this left hand and I cannot write any more.

MR LAX: Okay.  We'll come back to the actual incident in a moment.  So who supports you, your mother and your grandmother?

WITNESS:   That is correct.

MR LAX: Thank you.  How far did you go with your schooling?

WITNESS:   I was doing standard seven.

MR LAX: Thank you.  Now, in September 1992 you've told us that a farmhouse at a place called Rosendal, which is near Ficksburg, was attacked in a grenade attack.

WITNESS:   That is correct.

MR LAX: And the farmer was shot in that attack.

WITNESS:   That is correct.

MR LAX: And that the house was destroyed.

WITNESS:   That is correct.

MR LAX: And that some time after that incident you were arrested by the police together with other PAC members.

WITNESS:   That's right.

MR LAX: You were a member of the PAC at that time?

WITNESS:   That is correct, I was, and I still am, a member of the PAC.

MR LAX: When exactly were you arrested?  Are you able to give us a date at all?  If you can't it's - you can?

WITNESS:  I was arrested in 1992 towards December.  I could not write my exams.  I was not in a position to sit for my exams because we were released in December, just after the exams.

MR LAX: Okay.  Please tell us what happened when you were arrested.

WITNESS:   I was at school, and on Tuesdays the school used to release us at 12 o'clock.  Now, when I was from school I saw a taxi and I thought it was an ordinary taxi.  The music was playing loud in this taxi.  The occupants of the car were sitting in a very relaxing manner, and they saw me.  One of them said, "There's Thabang."  They were pointing guns at me.  I wanted to run away and the students said, "Don't run away, they will shoot you."  They got hold of me and they took me to their offices.

MR LAX: (Inaudible) ... you for a moment.  What was the name they called you?

WITNESS:   They said, "Here is Thabang."

MR LAX: (Inaudible) ... one of your names?

WITNESS:   That is correct, that's my Sotho name.

MR LAX: Thank you.  Please continue.

WITNESS:   They took me to their offices and I met an African, Themba, and Linyatsa.  These are the two people who were already arrested before my arrest.  They were already tortured.  They were crying.  I was put in a group that was tortured, and ... (intervention)

MR LAX: Just before you continue, you mentioned two names.  Themba, what is Themba's surname?

WITNESS:   It's Themba.  Themba it's his Sotho name, and Linyatso is the surname.

MR LAX: And the other person?

WITNESS:   Difo Mohaotse.

MR LAX: Please continue.

WITNESS:   They electrocuted me.  It is a wire that is round in shape.  They tightened it to my penis and they switched it on and it electrocuted me.  I refused to tell them the truth.  They said, "You burnt down the houses."  I said to them, "I do not know anything."  They switched it on again and it electrocuted me.  I still refused.  They released the wire.  They put me in a bag.  They tightened it and I could not breathe.  Themba and them convinced me to confess that I was present when this incident took place, and I committed myself.  They had a list, and names were written in that list.  Now, the policeman told us that it was a list from Mr Pius, and they said Mr Pius provided them with that list.  He is standing right there.

MR LAX: If we can just please have some quiet so we can get on with this evidence.  Thank you.  In essence you confessed to having been part of this.

WITNESS:   Yes.  I realised that it was getting tough, they were torturing me, and I committed myself so that they can release me.  After the torture they took me to Sindala and they went to fetch the others according to the list, until we were all picked up.  They took me to Dalesville.  That is the Kimberley line.  I was alone in the cell, but it was a bigger cell.  They said I was a member of APLA.  They said they couldn't mix me with other people because I was a little bit rough.  When they fed me the food was just thrown as if I was a dog.  They came wearing T-shirts written, "You will talk the truth."  There is one of them who is called King.  He is a member of the branch here.  He came ... (intervention)

MR LAX: Sorry?

WITNESS:   King.  I do not know is it Koen or King.

MR LAX: A white person?