Human Rights Violation Hearings — Middelburg — 1997-06-04

YASMINE SOOKA: You also mentioned that your brother was a leader at school.  Was he a member of the SRC?

MAMOKONYANA M THABANA: Yes.

YASMINE SOOKA: And were there lots of boycotts taking place at that time?

MAMOKONYANA M THABANA: I want to know whether it was in Middelburg or in Springs?

YASMINE SOOKA: Both in Middelburg and Springs, if you can tell me?

MAMOKONYANA M THABANA: I'm not so sure about Springs, but he was a leader in Middelburg.

YASMINE SOOKA: And were the youngsters involved in lots of skirmishes with the police?

MAMOKONYANA M THABANA: Yes.

YASMINE SOOKA: You also mention in your statement, that you yourself was, your were beaten;  was this at the funeral or at the night vigil.

MAMOKONYANA M THABANA: I was not beaten.  I don't think it's one of my statements.

YASMINE SOOKA: I see.  Thank you.

CHAIRPERSON: Mrs Thabana, we have so many of these cases where students were killed in skirmishes with the police or rioting or boycotts or whatever.  You mentioned in your evidence here that from where you were at home, you could see the children, you could see them fighting with the police;  if I think I'm quoting you correctly?

MAMOKONYANA M THABANA: Yes.

CHAIRPERSON: What was the nature of the skirmish?  What were they doing?  How did they fight?

MAMOKONYANA M THABANA: Actually, all that, when I was looking, I could see that the police were standing at a distance from school, but throwing the teargas into the school premises.  So the children started running away for their safety.  That's when the bullets started shooting.

CHAIRPERSON: See, why I'm asking you this question, is both because you said in your evidence that the children were fighting with the police.  And also in the correspondence between your lawyers and yourself, they advise you not to proceed, or the advocate whose opinion they sought, advises you not to proceed with the main claim, because it would be unlikely that you would succeed, as they see it, because the police may prove that they were acting legally.
 In other words, that they were sort of defending themselves, or whatever.  We don't have the information.  Again, if you can just think back when you said you looked and you saw that they were fighting with the police.  Did you see anything prior to the teargas?  Or did you just see the teargas and them running away?  And if so, why did you say you saw them fighting with the police?

MAMOKONYANA M THABANA: I could see from the distance in fact.  The only actual thing I saw, was when the police started throwing teargas.

CHAIRPERSON: Thank you very much, Mrs Thabane.  I don't think we have any other questions.  We'll have to follow through and see what we can get;  probably also be in touch with your lawyers and see what other official documents we can put our hands on.  And if we do find ourselves able to get more information, we will contact you again and advise you.  But you will in any event in due time be hearing from us.
 Thank you for coming to us.  Thank you for sharing your story with us.

MAMOKONYANA M THABANA: Thank you.

CHAIRPERSON: Sorry, you're ready.  Okay.  No.  Thank you.
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