Human Rights Violation Hearings — George — 1996-06-19

MS SEROKE: After they told you that he has passed away, was there any post-mortem that was done to him to see what's the cause of his death.  Because you said the brain was out and the blood was falling out of his nose, did they do the post-mortem to see the cause of the death?

MS KOBE: They did make the operation, but I couldn't ask the reason or the cause of his death.

MS SEROKE: Was Andile in the struggle - was he one of the political members.

MS KOBE: Yes he was one of the political members in Jansenville.

MS SEROKE: Why do you think they beat him?

MS KOBE: He was just walking on the street and they took him there and beat him on the street.

MS SEROKE: Did he approach policeman and assault him or just go and check him in the house.

MS KOBE: No.

MS SEROKE: And you said you can't  identify  this policeman.  I would like you to put on your earphones because I am going to read in English and tell you about the policeman who did this incident.
Andile Kobe was a 22 year old electrician and political activist from Sandkraal near George.  While walking home, Kobe and his company decided to take a short cut past a neighbours house on the night of 19th March 1988.  Kobe and the neighbour got involved in an altercation as the latter objected to the company taking the short-cut on his property.
The police were called immediately and two of the three policeman started assaulting him with a sjambok and a kierie.
Three policemen, members of the Riot Squad were charged with his murder.  In May 1989 a former Oudtshoorn riot policeman, Andre Schutte - age 19 - was sentenced to twelve years imprisonment for bludgeoning Kobe to death.  His two former colleagues, Pieter Koen - age 21 - and Cornis Serfontein - age 22 - were each sentenced to seven years jail for attempted murder.
Koen testified that during the assault Schutte said to Kobe.   Vrek kaffir vrek.
Schutte was found to have hit  Kobe with a plank, and had to be restrained from jumping onto Kobe's head from a chair.  
 Yesterday we heard of Michael Lucas who within three months trial was sentenced to death and hanged for killing a white man.   But in this instance I will read you what the lawyers for Human Rights said about the case of Schutte and his colleagues.
The outcome of this case illustrates once again the double standards applied by both the office of the Attorneys General and many of our Judges and Magistrates.  We have conclusive proof that equality before the law is not a human rights enjoyed by the citizens of the country.  We are particularly distressed at the following trends
1. Where a group of black people are involved inn a killing 
invariably as many as can be identified and charged with murder based on the common purpose doctrine and vigorously prosecuted.
2, Where a group of white people [particularly farmers and 
 policemen] are involved in the killing of a black person,
invariably only the main perpetrator is charged with murder, the 
others with offences ranging from culpable homicide to 
common assault.  The prosecutions proceeds almost 
apologetically.
 3. Black people convicted of  murder, particularly when a 
white person is a victim, are sentences to death in
disproportionately high percentages.
 4. White people convicted of murder, particularly when a 
black person is a victim are sentenced to death in
disproportionately minute  percentages.  For example in 
1983 of the 21 whites convicted of murdering blacks, not 
one was sent to the gallows.
 So Thozama we are told that these three policeman are still in jail.   Is your mother still alive.

MS KOBE: Yes I do have my mother and she is here with me.

MS SEROKE: By coming here today, what would you like us to do as the Truth Commission, what would you like to do on behalf of your brother, because these policemen were arrested and they are still behind bars, even today. 
There is nothing we can do about that, hopefully they will suffer for what they did and they will pay the price of what they did.  What would you like us to help - what can we do as the Truth Commission?

MS KOBE: I would think about that, I would go to my mother and I think we will discuss it over, because at the moment I can't say what can you do.

MS SEROKE: [indistinct] my colleagues if there are anymore questions.

MARY BURTON: Thank you.

RUSSELL ALLY: Thozama if you know, can you tell us maybe a bit of what was happening in George at the time when your - when your brother was killed.  Was their a lot of political activity taking place?

MS KOBE: In George the policeman were everywhere they were surrounding his house, they had guns on their hands, they couldn't allow anyone to go inside, we were alone while we having the prayer gatherings, no-one was allowed to go inside - only family members.
 They were giving us a very hard time, even they couldn't even give us the body of Andile.  We tried our best to get him, but there in Wilderness they took him in and out of his coffin and take him back to the police station that's all I can remember.

RUSSELL ALLY: And before Andile was killed, was he involved in any political activities that you may know of.

MS KOBE: Before Andile died, while he was a student in Jansenville, he was a participant in the struggle for freedom.  That's how I know about Jansenville and Andile.

RUSSELL ALLY: [indistinct] was killed was there any police harassment, were the police interested in him or  watching him or was he ever arrested before he was killed?

MS KOBE: There were no policeman looking for him before his death, he was just a happy person, they were not looking for him.

MS SEROKE: Ms Kobe how old was your brother when he died?

MS KOBE: I can't remember his age at the moment - he was under 20 - he was under 20.

MS SEROKE: [indistinct] the police kept your brother's body for a month - did they say why they were keeping the body?

MS KOBE: They didn't give us any reason to keep the body for so long - they were just giving us hard time, they didn't want to give us a body, they just promised my mother that they would bury Andile's body so that he couldn't pay any - she couldn't pay any cost and she couldn't allow them to do that, that's why they kept his body so long.

RUSSELL ALLY: Did Andile have any children of his own before he died?

MS KOBE: Yes he has got - he had children.

RUSSELL ALLY: [indistinct] killed he was going to get married.

MS KOBE: That's not true, he was not married, it was only a week from the circumcision school.

MS SEROKE: How old are the kids?

MS KOBE: His first son if I get this all right is 11 years old, the other one is 8 years old.  They are both sons.

MS SEROKE: Whom are they staying with?

MS KOBE: They are staying with my mother - she brought them up, they are still at school.

MARY BURTON: [indistinct] about - about your brother and we - we thank you and your mother for being here today.  Is there anything more that you want to say?

MS KOBE: There is nothing I would like to say.

MARY BURTON: You  can leave the platform.