Human Rights Violation Hearings — Bisho — 1996-09-10

CHAIRPERSON: Thank you very much.  We are running out of time.  We would like to suggest that we take a lunch break.  We have Doctor Frank Chicane and his successor.  We will then listen to their testimonies immediately after lunch because they have to fly out.  Can we just continue with you after we are through with them because there are questions that the Commissioners would like to ask you.  Do you permit us to do that after lunch?

COL PETER: Yes it is all right.  Thank you.

CHAIRPERSON: Let us take a break then.  As we were doing, we would like to give reverence to our witnesses.  Can we stand up please.  Please stop the people from leaving please.  Nobody should move until I say so please.  Thank you.  Please leave your headphones behind on your chairs.  Thank you very much, we will resume at 2 o'clock.   ... end of Tape 3, side B ...

TRUTH AND RECONCILIATION COMMISSION: BISHO MASSACRE - DAY 2 - 10 SEPTEMBER 1996

ALL FIVE WITNESSES SWORN IN: Mr Chairman I am glad to call on the stand Lungisa Welcome Matiwane, Chemist Nontshinga, Ntombikayisa  Gola, Norman Fulani, Nokuzola Mene, Phindiswa Tyhali and Mphithizeli Potyo.  Mr Chairman, Tyhali is not here.

CHAIRPERSON: I don't think we will be able to - ...[intervention]

ALL FIVE WITNESSES SWORN IN: Number 16 is not here.

CHAIRPERSON: But let us wait a little bit further.  Order please!  I have given everyone a fair chance.  I would like to ask for order please.

ALL FIVE WITNESSES SWORN IN: Mr Chairman, they have been sworn in accordingly.

TRUTH AND RECONCILIATION COMMISSION: BISHO MASSACRE - DAY 2 - 10 SEPTEMBER 1996

CASE NO: 2

VICTIM: LUNGISA WELCOME MATIWANE

UNKNOWN: LUNGISA WELCOME MATIWANE
LUNGISA WELCOME MATIWANE Duly sworn states

CHAIRPERSON: I heard you too Father, thank you very much.  Ms Tiny Maya?

MS MAYA: Thank you Mr Chairman.  I would like ask Lungisa Welcome Matiwane.  Lungisa how are you?

WITNESS:  I am very well thank you.

MS MAYA:  On the day of the march you were also in Bisho.  You say you were one of the people that went through the hole in the fence at the stadium.  What happened thereafter?  When did you get hurt, could you just explain to us?

WITNESS:  I went through the hole and we went into the stadium and when we passed something that looked like bridges, we heard things like fireworks and when we looked around to see what was happening, there were people that were running out of the stadium in our direction and when I turned around to run away as well in the direction from which I had come, I fell and when I got up I couldn't.  I attempted to get up but I couldn't and two men came, one of them was here recently, and he helped me get up and told me that I had been shot in the back and he took me closer to a car.

MS MAYA:  And thereafter were you taken to the hospital for treatment and did you obtain treatment and did you go home thereafter?

WITNESS:  I was taken to Gray Hospital in this car to which I had taken and drips were put in both arms and thereafter I was transferred to Frere Hospital.  When I got there they operated on me and they removed the bullet.

MS MAYA:  How long did you remain in hospital for?

WITNESS:  In East London I was hospitalised for seven days and then I was transferred back to Gray Hospital.  At Gray Hospital they said that they didn't have any room and that I had to go home.

MS MAYA:  It seems that, appears that there was some other treatment that you received from another hospital.  Which hospital is that?

WITNESS:  When I came back from Gray Hospital I couldn't walk properly and my father is in Cape Town and I live with my mother and my brother.  My father phoned and said that I should go up to Cape Town and live with him so that I could be close to doctors there and he kept on taking me to specialists.

MS MAYA:  Do you think that you recovered completely after the shooting incident?

WITNESS:  No because it is bad weather, when it is cold and raining, I experience pain and I get told that the inside of where I had the operation, swells up.

MS MAYA:  When this happened to you how old were you?

WITNESS:  I was 16 years old.

MS MAYA:  Were you at school?

WITNESS:  Yes I was at school.

MS MAYA:  Were you able to go back to school thereafter, did it not disturb you?

WITNESS:  In 1992 I didn't go back to school and not in 93 either.  I didn't go back to school in 1993 either because I was in hospital in Cape Town for six months and I went back to school in 1994.

MS MAYA:  Did you institute a claim with attorneys at any stage and if so, did you receive any compensation?

WITNESS:  Yes when I went to Cape Town my mother was left here and she went to attorneys.  She was called to Berlin to attorneys and she instituted a claim on my behalf and now in 1996, just before January I was called to the attorneys and I received compensation from the attorneys.

MS MAYA:  Which attorneys were these?

WITNESS:  These are the attorneys from Legal Wise or the Legal Rescue Centre in Berlin.

MS MAYA:  Is there any wish that you have that you would like to place before the Commission?

WITNESS:  Since my father is unemployed and he suffers from chest problems, last year he applied for a pension, my mother is the sole breadwinner.  There are seven of us in total at home and five of us are at school.  Five of us are still at school and the other three are living with my dad in Cape Town and I live here with my sister.  So I would like to ask the Commission that if it has any means of assisting me so that I could continue with my studies.

MS MAYA:  How far are you now?

WITNESS:  I'm in standard six.

MS MAYA:  Is that all you would like to say to the Commission?

WITNESS:  Yes.

MS MAYA: Thank you very much.  I would like to hand back to the Chairman.

TRUTH AND RECONCILIATION COMMISSION: BISHO MASSACRE - DAY 2 - 10 SEPTEMBER 1996

CASE NO: 14

VICTIM: VUYANI WESLEY FULANI

UNKNOWN: NORMAN FULANI [father]
NORMAN FULANI Duly sworn states

MS MAYA: Good day Mr Fulani.  In your statement to the Commission you stated that you are going to talk about your son Vuyani and when he was injured here at the march in Bisho on the 7th September, and he was a student teacher at the College of Education in  ...[indistinct].  How old was Vuyani?

WITNESS:  He was 20 years old.

MS MAYA:  Which year was he doing at school?

WITNESS:  He was doing his first year.

MS MAYA:  How did you hear about his death?

WITNESS:  I phoned Masibulele at school on Wednesday and they told me to look for him.

MS MAYA:  Where did you get him?

WITNESS:  I phoned him in  West Bank.

MS MAYA:  How did he get injured?

WITNESS:  At first when I got there in West Bank they told me he was not there and then I saw his shoes and his jacket.  They told me the left side, they cannot open the left side but I could see his clothes.  At last they opened the door and I saw him.  He was shot in the stomach.

MS MAYA:  It was after how long, when did you get him?

WITNESS:  I found him on Wednesday and I last saw him on Friday the previous week.  He came home to take money and he went back to school.

MS MAYA:  Did you get, did you go to any attorneys to claim money?

WITNESS:  No I didn't.  Mr Matele came to me and told me that we should go to Smith and Thabata.

MS MAYA:  What happened after that, did you go there?

WITNESS:  Yes I did and they asked me the details and I told them.  I went back home.  It was last year and then this year they wrote to me again and they told me that the money they can give me is ten thousand and they asked me whether it's fine and then the lawyer told me he doesn't know.  He didn't even respect us, just left that matter.

MS MAYA:  Did they say that you were supposed to be given ten thousand?

WITNESS:  Yes.

MS MAYA:  What happened, did you get any compensation?

WITNESS:  No, until now I didn't.

MS MAYA:  You say your health was affected by the death of your son.

WITNESS:  Yes I have diabetes.