Human Rights Violation Hearings — Uitenhage — 1996-08-26

CHAIRPERSON: . . . of the Region, I would like to swear Xolisile Thikane Mthimkulu in.

XOLISILE THIKANE MTHIMKULU: (Sworn duly states).

CHAIRPERSON: Mr Mthimkulu, we welcome you and we also thank you that you have availed yourself before this Commission on a very important issue when there was attempted murder. We are therefore going to ask you to answer the questions as posed to you by Ms Tiny Maya on behalf of this Commission.

MS MAYA: I thank you Mr Chairperson.
 I greet you Xolisile. In this statement before us here, we see that you are going to tell us about an incident in 1985 when you were still a Std. 9 pupil at Phakamisa High School. 
 We are going to ask you first to tell us how was the situation in your location and even in the schools, because according to what we see here, you were shot within the school premises. What was the reason for that?

XOLISILE THIKANE MTHIMKULU: Firstly, we were students fighting for our rights, mainly we wanted the SRC's to be recognised in our schools.

MS MAYA: What led to the shooting of the students within the premises?

XOLISILE THIKANE MTHIMKULU: On the 23rd July 1985, we were at school and we were protesting. At about 10 or 11 'o clock a certain man came to explain to us that at Ndzondelelo School the policemen were beating up the school children, that is what we got from this young man.
 As students we decided instead of getting injured out of the school yard, we should be injured within the premises so we kept within. A certain white E20 drove in and the person just looked like policemen but I can't explain, they were working at Le Granse and they were lead by Sgt. Bahlekazi Tungata, amongst them was Warrant Office Standford Mene, there was also Constable Zwane and Constable Qhayiso.
 When they arrived, as students we decided to get into the laboratory and we saw Sgt. Tungata alighting from a car, demanding a key from the Caretaker and yet the key was with us. The Caretaker said the key was with the students.

MS MAYA: What key was this?

XOLISILE THIKANE MTHIMKULU: This was the key for the gate. So, what Tungata did was he came out and with a firearm and he shot in the air and fired a second shot. This was too much for us because this man was notorious for killing people.
 We then decided to get into the laboratory in seek for shelter. He shot for a third time and he jumped over the fence getting into the school yard. When he fired his third shot he was within the school premises. There were some in front going out - we all went out running away. As we were turning round the school there was one boy named Mtobele Mgane who was shot, but I don't know who shot him. I then jumped over him as I was running and as I was next to the tennis court I could hear the sound of the shooting.
 I looked and saw a policeman standing on the other side of the fence and she shot me in the head and I fell down. I fell into a ditch, there after I became unconscious.

MS MAYA: Just before these policemen shot you, did you see him?

XOLISILE THIKANE MTHIMKULU: No. I did not know them, the only person I knew was Tungata because even in the meetings we held we used to see him, otherwise I did not know the others, I just got to know about their names later on.
 The principal came because he had been away at the time, they took us into a car and I was with Mtobele Mgane and another teacher. What surprised me is that the person who gave the name of the person sitting next to me was me, because I regained consciousness, though I again lost consciousness and I was taken to Dr. . . . . . (inaudible) surgery.
 I was then referred to Livingstone Hospital where I was admitted and I was there for quite some time - unconscious. As I regained consciousness, one of my legs was tied onto the bed and one side of me was paralysed. After some time, I was discharged from hospital and I was taken to my house by the principal.
 On Friday morning whilst I was lying at home I saw a white man coming into our house. He knocked and they let him in, he was with Mr Oliefant who was a policeman in Le Granse. When they entered they asked "Are you Xolisile?", then I said "Don't ask me, ask my mother" - who was there with my grandmother and my grandmother asked "What are you going to do, are you going to kill him?" and then this man said, "No, we are not with those people, I am now the investigating officer and I want to take him to school and from there, I want us to go to Le Granse where he is going to give a statement".
 He took me to school and at school I just said what I could remember and I was taken to Le Granse and he asked me who had shot me. I told him that I had been shot by Tungata - I said that because he was the one in the lead of that particular group. One thing I have left out is that in this car there were not four passengers, there were about eight passengers in that E20 and the people I actually saw were four.

MS MAYA: According to what you know, how many students got injured and died in this incident?

XOLISILE THIKANE MTHIMKULU: They were Mtobele Mgane, Gideon Skep and the third who died, I don't know his name, but they say even some teachers were shot and got injured. One teacher I can recall is Mr Saphuku who was clapped by Tungata.

MS MAYA: How long were you in hospital?

XOLISILE THIKANE MTHIMKULU: I just can't recall, but it was quite a long time.

MS MAYA: When you were discharged, what did you do, where did you go to?

XOLISILE THIKANE MTHIMKULU: They phoned our school principal who fetched me and took me home.

MS MAYA: What were the injuries you sustained?

XOLISILE THIKANE MTHIMKULU: I was paralysed one side and I had this wound on my head and I had a constant headache, such that I could not sleep on the pillow, I had to sleep flat on the bed.

MS MAYA: Where you able to continue with your studies after this incident?

XOLISILE THIKANE MTHIMKULU: In 1987 I tried to go back to school but I could see that I was unhappy, I was frightened as before and there was a certain teacher here in school who was our history teacher, he used to talk loudly and this irritated me and I stated taking epileptic fits. I talked to my family and decided that I should leave school.

MS MAYA: How long did you go on having fits?

XOLISILE THIKANE MTHIMKULU: This stopped in 1990 because of the treatment I got.

MS MAYA: And then did you pursue your education?

XOLISILE THIKANE MTHIMKULU: No, I couldn't even work.

MS MAYA: Now, this shooting, how did it affect your life?

XOLISILE THIKANE MTHIMKULU: This is really killing me because when I look back and see those students I was at school with, some of them are teachers, some have got their own houses and even people keep on asking me "Are you not working?"
 The teachers would even ask me "Where are you now?" and this kills me, it is unbearable to me because when I see a person I was a school with, I decide to evade because I know the questions that are going to be posed to me.

MS MAYA: Is there any other thing you would like to say in addition to your statement. Or let me say, I am sure you perhaps have a wish or a request to bring forward to this Commission. What could it be?

XOLISILE THIKANE MTHIMKULU: I have left out a point. At the time they took me to Le Granse, there was a white policemen named Strydom. Strydom was his name, an old man, he asked me and my mother whether we had put in a claim. She said no.
 He said we should not hurry by putting in a claim, he would tell us when, because he knew that some people are going to come to us and advise us then we should disregard those people because he would ultimately come and then we waited until now.

MS MAYA: Can you tell us, was there any court case in connection with this incident?

XOLISILE THIKANE MTHIMKULU: Yes, there was. It was a New Law Court.

MS MAYA: What was the outcome of this case?