Human Rights Violation Hearings — Bloemfontein — UNKNOWN

KHOZA MGOJO: Mrs Hadebe and Mrs Tswabisi, thank you very much for comingin today to tell us your very, very sad story. You have both lost your loved ones, your sister and your husband,and you have suffered pain and sorrow together, and we hope that it has beenof some small comfort to you that you are able to sit together on this stageand give your evidence to the Truth Commission. Your sister, and your husband,Mrs Tswabisi, died in terrible circumstances during those times in our country,when the police were permitted by the Government to act in a violent and unrestrainedway, and we are thankful that in most parts of the country those days are over.

KHOZA MGOJO: We will try and make investigations to see why the people responsiblefor the death of your family members were not brought to justice, and if wediscover any more details than the details that we already have we will contactyou.

KHOZA MGOJO: I see from your statements that you have requested compensationfor the loss of your family members. Now, the Truth Commission does not havethe power or order compensation to be paid to people. Our job, or part of ourjob, is to make recommendations to the President and to the Cabinet, and itis up to them to decide what assistance or compensation should be given. However,in the short term, if you feel that you need medical treatment, like my colleague,Dr Mgojo, has suggested, or if you need counselling, we are able - one of thecommittees within the Commission is able to arrange for you to see somebody,to see a counsellor in this region, someone that you can talk to about the lossof your family members, in the hope that it may make it a little easier foryou to carry that burden. And if you would like to see a counsellor, a psychologicalcounsellor, please will you tell us before you go home today, and we will try and arrangethat.

KHOZA MGOJO: So we thank you again very much for coming here today. We feeldeep sympathy for you, and we wish you strength. Thank you very much.

MR LYSTER: Mr Molebalwa, are you able to hear me throughthe earphones? Can you hear me clearly?

MR MOLEBALWA: Yes, I can hear you clearly.

MR LYSTER: Good, thank you very much. You have comefrom Selosesha township in Thaba Nchu today to tell us your story, and thisstory relates to your assault and shooting by members of the Bophutatswana DefenceForce in November 1990. Before I ask you to tell us your story can you pleasestand and take the oath.

MR MOLEBALWA: (Sworn, States)

MR LYSTER: Thank you. Please sit down. I will be assistingyou today in giving your evidence. Very briefly can you just tell us where youlive, something about your family background, are you married, are you employed,just a few sentences.

WITNESS: I am married. I am also working. I have three children.I have a family as well as my own relatives. I am working at Thaba Nchu Sun.I am a chef there. Thank you.

MR LYSTER: Now, this incident took place in November 1990. What were youdoing at that time? Were you in the same job as a chef at the Thaba Nchu Sun?--- I was from a course. When I was from the course I was with other peoplewhom we were training with. We went to my place. We sat. As we were still sittingthere we were having some drinks. Just as we opened the drinks there came asoldier. I do know this soldier who came into my house. He said that he wantedother people to go outside. There was a couple in the house, so he said he wantedthe man to go out of the house. I thought there was going to be a search. Thenwe went outside. I was the last one to go  out. As I was going out they were making something like a guardof honour outside. It was just green with soldiers. I just waited to see whatwas happening. All of a sudden we were assaulted with sjamboks. We kept on askingas to what was happening. One of the soldiers, his name is Blackie, he shot.That's when we scattered and we tried to run to different directions. As wewere running there was another Casspir that was coming. When I turned aroundI just heard gunshots. I fell down. There's a boy who came to me by the nameGufuthi. I asked him whether he realised that he had shot me, but he didn'tspeak to me. He took me out to the street. I wasn't even aware that there werebarricades in the street. He took me there, he said I should remove the stonesand the barricades. When they realised that they had shot me I also saw thatthey had shot me. That's when I started getting very angry. Then I wanted tofight back as a man. I became very stubborn. I asked them whether they realisedthat they had shot me. Then he started running away. (Pause)

MR LYSTER: I am sure these must be very painful memories for you to livethrough again, so just relax please and take your time, and carry on when youare ready.

WITNESS: Then when I started to be stubborn I stood amongst them, andthey kept on assaulting me with these sjamboks. I pushed one of them away. Itold them that they had shot me, and they had shot me right inside my house.One of them got out of the way and I was able to get into the house. I got oneinside the house who was insulting my wife, calling her a bitch. I got veryangry. I asked him what he wanted. That was Blackie Mahoti. I was bleeding. Then he ran away. As he was running away everybody went out. We also went out, and when we went out we discovered that they were no longerthere. As we were sitting there came a police van. That was my brother-in-law.Then my brother-in-law took me to hospital. As I was at the hospital I arrivedthere at about eight. I went to the theatre the following day. Then came otherguys who they said were leaders of the soldiers. I don't remember their names.They came to me to ask me what had happened. I told them that I was not in aposition to tell them what had happened because of my condition. Then they leftme and went. They came back later. They asked me what had happened. Then I relatedthe story to them. They were writing. When they left it only dawned on me thatI shouldn't have told them what had happened. I had a fear that my case wouldend without being sorted out. Thereafter there came others. They were CIDs.They also asked me what had happened. At that time I told them I wasn't goingto say anything, I wasn't going to give them any information, I was preparedto talk in court. Then they told me they had come to take a statement from me.They went away and left me. I stayed in hospital for four months. I wasn't paidat work. I just stayed like that, and I was having children and a wife. I wasdischarged, I went back to work. When I went back to work I was told to go toMr Mapatswane, who's an attorney. I was taken by the ANC members who had causedthe strike. I took the photos. I was told that I could get some help. ThereafterI discovered that all the documents were no longer with him, but they were withMr Mthembu. I have been waiting since then that Mr Mthembu was going to fill me in. When I was supposed to get the results I got a

MR LYSTER: letter. I got a letter that said the case had been heard in1995, May, and the case was finalised. I met a Captain Magapela. He told methat the case had been finalised. Then he gave me some phone numbers that ifI wanted the case to go back to court again I should contact that person inthat number. Ever since then nothing has happened.

MR LYSTER: Mr Molebalwa, do you know - in fact you do know the names ofthe soldiers that - or the names of some of the soldiers who assaulted you.You've given us the names of Blackie Mahoti. Was he one of the people who ...(incomplete)

WITNESS: Yes, he's one of them who assaulted me.

MR LYSTER: (Inaudible)

WITNESS: I know Gufuthi, Musi. Mashibene pulled me outof the house, and Blackie Mahoti.