Human Rights Violation Hearings — Newcastle — 1996-09-11

WITNESS:   Yes, I do understand you.  In 1986 on the 11th of November I was at home on that day because I was sick, and Sergeant Gunene came to me and he was fetching me to the hospital, taking me to the doctor.  I went to Dr Waite because I was suffering from tonsillitis, and he said to me I will get him at court because he was a witness in a certain matter.  And from Dr Waite I proceeded straight to the court, and that's where I got him.  And we just sat there at the courthouse waiting for the transport to Osizweni, because the police used to come and bring prisoners.  As we were just sitting there it was at about 3 o'clock in the afternoon, and we heard a loud explosion as we were just sitting there.  Then Gunene stood up and he went around to look as to where the explosion was coming from, and he said it sounded like a bomb.  Because I hadn't heard a bomb blast or heard a bomb explosion, so I could not identify the sound, and he came back and sat.  Then we saw one of the court orderlies, and the court orderly directed him to move away from the dustbin and he looked through the dustbin, and he didn't get anything and he went away.  And we continued sitting where we were sitting.  Within a few minutes we heard the second explosion, and at that time I did not know that it was a bomb that was exploding.  I heard the loud explosion, but I lost consciousness.  I later woke up and realised that I had been injured.  Then we were taken to the hospital in an ambulance.  And I regained my consciousness the following day not knowing what had happened the previous day.  I only heard the explosion.  I stayed at the hospital, but I don't remember how long I stayed, but I was told that I had to be referred to Wentworth in Durban because I had internal bleeding.  Gunene was left because he was amputated by then, and I was taken to Wentworth Hospital.  And I stayed only a week there and came back to Newcastle.  I received treatment and I was discharged on the 24th, a day before Christmas.  I went back home, and I would just go to the hospital for check-ups, until I got a lot better and I was just receiving treatment from the doctor.  I only got hurt on the chest, as well as on my leg, and that is all.

MR LAX: At the present time are you quite fit?  Are you in your normal state physically?

WITNESS:   I wouldn't say I am fit because my leg always troubles me.  My muscles - I am always getting cramps, muscle cramps.  I am not 100% better.

MR LAX: Have you had any other side effects that you've been affected psychologically, or headaches, or other things like that that you're aware of?

WITNESS:   No, I do not have anything except for my foot.

MR LAX: (Inaudible)

WITNESS:   It's my foot.  That is at the ankle, not the leg as it is. Now, you've told us that you received R2 000,00 compensation from - was that from the police themselves?  ---   I wouldn't know where the money came from, because what I can remember is that I received an amount of R500,00.  They did explain it, but the R2 000,00 they never explained anything, they just said to me I was going to be rich and I was going to be rich, but I was never told who the money came from.

MR LAX: Can we just settle down please.  Thank you.  As you are aware we've already heard that three ANC people were convicted in Pietermaritzburg Supreme Court for planting this bomb and other bombs in the Newcastle area.  You're aware of that?

WITNESS:   I heard about that later on because I went to the 'Maritzburg Supreme Court with regard to the matter, and I knew that they had been arrested at that point.

MR LAX: Have you ever spoken to any of these people, met any of them, or discussed with them what happened, why they planted those bombs?  Have you had that opportunity ever?

WITNESS:   I have never met any of them, and I have never had the opportunity to ask them.

MR LAX: You've said here that you would like the Commission to compensate you for your pain and suffering, because you feel you've never been compensated for that sufficiently.  Do you confirm that?

WITNESS:   Yes, that is correct, because I do not know the origin of that R2 000,00.  If that is the compensation to me that is not enough for the injuries that I've suffered.

MR LAX: Thank you, Chairperson, I have no further questions.

COMMISSIONER: Mr Simelane, thank you for coming and telling us your story.  We heard in more detail about this event yesterday from your colleague, and I said to him yesterday that people did many irresponsible things in the name of opposing apartheid, and one of the very irresponsible things, criminal things that people did was to plant bombs in public places.  People have come before this Commission and have - some people who did those sorts of things have come to this Commission and have tried to explain in other forums why they did those things, what drove them to do it, their anger at apartheid, their frustration at apartheid.  And whilst what they did may have been understandable from one point of view, it could never be justified that they could put a bomb in a public place and injure innocent people.  And you were one of those victims, and you were a luckier victim than Mr Nene, who sat here yesterday in a wheelchair with no legs at all.  And we are glad that you were able to recover so well from that incident.
As Mr Lax has said, we have the power to make recommendations to the Government as to how you should be assisted.  You have received some compensation, it doesn't sound very much, certainly not enough to make you a rich man.  I am not saying that we will make you a rich man at all.  We have no power to award any damages or any money to you, but we do have the power to make recommendations to the Government as to how you might be assisted in some way.  
So thank you for coming to talk to us today.  It would have been nice if you could appear yesterday with Mr Nene, but that wasn't possible, and we are glad that you could make it today.  Thank you very much.

COMMISSIONER: Good afternoon and welcome, Mr Sithebe.  Can you hear me and understand me?

MZWAKHE EZARD SITHEBE: Yes.

COMMISSIONER: You're from Dundee.

MZWAKHE EZARD SITHEBE: Quite correct.

COMMISSIONER: And you are going to tell us about what happened to you when you were a youth activist in Sibongile township in Dundee in 1985.  Can you stand before you tell us that story and take the oath?

MZWAKHE EZARD SITHEBE: (Sworn, States)   (Speaking English)

COMMISSIONER: Now, just to give a background to your evidence, you said that you were at Misinga High School.  Is that in Sibongile township in Dundee?

WITNESS:   Quite correct.

COMMISSIONER: That was in 1985, and you were involved in class boycotts because of the quality of the education which was being given in black schools at that time, as well as what you saw as corruption from the school leadership.

WITNESS:   Quite correct.

COMMISSIONER: So, perhaps just with that as the background you can tell us your story, and just go from one event to the next.  You mentioned your activities at school, then in 1983 - or was it 1983 when you worked in a trade union - and then the state of emergency in 1986, ending up with your period of imprisonment in Kandaspunt Prison.  Just deal with those main issues.  Thank you very much.

WITNESS:  I think first and paramountedly one must correct one mistake.  I was studying at Misinga High School in 1982, where I happened to be involved in school - many student activities.

COMMISSIONER: Mr Sithebe, just for the benefit of the audience, and it's your choice of course, but it would be easier if you spoke Zulu.

WITNESS:   Okay.

COMMISSIONER: Okay?

WITNESS:   Okay.

COMMISSIONER: Those of us who don't understand Zulu as well, we can follow it, and then the audience can follow everything that you say.