Human Rights Violation Hearings — Ladybrand — 1997-06-24

MR LAX: And this Simano came and searched your stall and tried to stop you from selling, is that right?

WITNESS:   That's true.

MR LAX: He accused you of not having a proper licence, you said.

WITNESS:   That's true.

MR LAX: Where is this Warrant-Officer Veldman now?  Is he still there at the police station?

WITNESS:   Yes, he is there at Bethulie, but I think he's on pension now.

MR LAX: Okay, we'll have to write to him and ask him about this.  Now, what injuries did the doctor look at?  What did he say was wrong with you?  How were you injured?

WITNESS:   He examined all over the body, at the back, in front, and I was sleeping on the back.  Then he said I am badly injured, this could not have been done to a person.

MR LAX: So did you have bruises and marks from having been beaten?

WITNESS:   I had wounds on the face, but on the body I had swollen - swollen parts on the body.  My parts were swollen.

MR LAX: Thank you.  And one last question.  Nothing ever happened to this case?  In fact it looks like they didn't even open a case when you went there.

WITNESS:   Yes, I did open a case there during that time after I returned from the doctor, but up to this day I didn't hear anything.

MR LAX: What I am saying is it looks like although you went there to open a case the police didn't take it seriously, they didn't do anything about it at all.

WITNESS:   I think that is true.

MR LAX: Thank you, Chairperson.

PROF MAGWAZA: I would like to go back to the beginning where you said the police wanted the gun from you, the gun from Klaso.  Who is Klaso?  Who gave you the gun?

WITNESS:   He is here.  He's sitting at the back.  He is sitting at the back rows.  That's my cousin.

PROF MAGWAZA: Were you and your cousin members of some political organisation, or you are involved in some other activities?  Why were they looking for this gun from you?

WITNESS:   Yes, Klaso has a high profile identity within the politics, but I was just a supporter in politics.

PROF MAGWAZA: The second question is just a follow-up on health.  After the assault and torture you only went to the doctor once.  After that you never had problems about health, like you never went to any hospital or any other doctor for the injuries you suffered?

WITNESS:   Yes, I went to other doctors, but I didn't go to the hospital.  I was a person who was fit in my life.  Even my weight was 81 kilograms, but now I am weighing 70-something kilos, so I don't know what's happening to me.

PROF MAGWAZA: Are you saying that up to now you still feel that your health is not the same as it was before?  Are you still suffering now from what happened in 1991?

WITNESS:   Yes, it's still affecting me.  Even after when my mother was tear gassed she has visual impairment.  Even life we do not live happily in the house.  My mother is now 56 years old.  It is because she is visually impaired and that has affected my wellbeing.

PROF MAGWAZA: So it's your mother basically.  You are just helping her.  Although you have lost some weight, but you feel healthy.

WITNESS:   Yes, I think I would say I am normal now.  There is nothing which I could say is bothering me, but I am not able to work normally as before as I know myself.

PROF MAGWAZA: Okay, thank you very much.

MR LYSTER: Sorry, can you just - has your mother made any statement about this event at all, about her own injuries?  I am just concerned that she seems to have suffered as well and we may want to hear a story from her.

WITNESS:   She didn't make a statement, because when the Commission was sitting at home she was in hospital because of her problem with her eyes, and headaches and other problems.  So she was in the hospital then.

MR LYSTER: Okay, well it's still possible to make a statement, and maybe if you can speak to her, and if she's willing contact our people and we can arrange for a statement to be taken.

WITNESS:   I will talk to her, but where should she give her statement to because we are staying at Bethulie?

MR LYSTER: We'll make arrangements for people to come and do that with you.

WITNESS:   I will be happy if that is going to happen.

MR LYSTER: Thank you, Chairperson.

CHAIRPERSON: Thank you.  Daniel, do you know where John Simano is because he seems to be the source of all what happened to your family?

WITNESS:   John Simano has since died.  Even if he's the one who has started all the problems no person can just do a thing, but he was given authority by someone else to do these things.

CHAIRPERSON: Do you know who is that someone else who gave him the authority?

WITNESS:   Yes, I know, because at that time when I was before the station commander he said to him - the station commander said to him he must clap me, and he hit me with an open face in front of him, and then from there he said I must be taken by them to go and fetch the gun.

CHAIRPERSON: Thank you.  Thank you for your story.  Again this is showing the common feature which we get right throughout the country, where people were forced to confess that they had guns or firearms when in actual fact they didn't have them, and they had to suffer terrible treatment, treated less than animals.  I mean even the SPCA, if you had to treat an animal in this form I think you would really have to answer.  What more about a human being treated in this manner, shocked, handcuffed, beaten?  It shows where we come from.  And thank you for coming to tell us your story, because it is going to help us to understand what has been happening int he past.  We will do all what we can to responde to your requests.  You are asking there that the case must be re-opened, and Ilan Lax has already said that they are going to try and see if they get this person who is mentioned by you through the investigations.  Thank you.

CHAIRPERSON: In human nature we are governed by what is called time, and this is ... (inaudible) ... for this session and we are going to adjourn for tea.  And we shall come back at 20 to, and unfortunately we are unable to serve tea for everybody here.  What we are going to do is to serve tea to the witnesses and their families.  And the procedure is that when we adjourn we always stand until all the witnesses have gone out, as a sign of respect.  I believe that we have come here to support them, to give them the moral support, and we must give them all the respect they deserve, these people.  They suffered.  So we are going to stand, and then our briefers are going to lead out the witnesses, and then when the witnesses have been led out then we also adjourn.
TEA ADJOURNMENT
/ON RESUMPTION
ON RESUMPTION

CHAIRPERSON: The people that want to give statements, we are offering that opportunity for them, and Reverend Bosman will be seeing that that thing does happen.  For instance there are some people who are mentioned here who could help us in some cases who would want to give statements.  They can't help us unless they have given some statements.  So we are arranging that at the back there the people who want to give statements, who have not given statements, will go at the back there, and Reverend Bosman will see that they get the statements.  Thank you.
Now, the next witness is Mohise Jacob Motheoane.
(Pause)  I greet you, Jacob.

MOHISE JACOB MOTHEOANE: Good day, Sir.

CHAIRPERSON: Are you fine?

MOHISE JACOB MOTHEOANE: Yes, we are fine, no problem.

CHAIRPERSON: Thank you for coming to this Commission to tell your painful story.  Now, before you tell it I am going to ask Advocate Lyster to make you take an oath.

MOHISE JACOB MOTHEOANE: (Sworn, States)   (Through Interpreter)

CHAIRPERSON: Thank you.  You just collect yourself.  I am going to help you in telling your story.  I will be leading you so that you tell your story clearly.  Before you tell your story, is it true that you reside at 119 Veregenug, Bethulie?

WITNESS:   I went there because of employment.  I am staying at 147 Portabello.