Human Rights Violation Hearings — Ladybrand — 1997-06-24

PROF MAGWAZA: We know that you have been waiting for so long since the morning.  We appreciate your patience, and also having made yourself available to come and tell us your story today.  Before I start, Moses, I would like you to tell us something about your family - your parents, your sisters, any other information that relates to your family.

WITNESS:  Thank you, Ma'am.  I am staying with my mother and my grandfather, who is now 102 years old, whilst my mother is 67 years old.  All of us are nine, three boys and six girls.

PROF MAGWAZA: Are you married?

WITNESS:   I did marry, but we are separated now.

PROF MAGWAZA: Any kids?

WITNESS:   We have one child.

PROF MAGWAZA: How old?

WITNESS:   Five years old.

PROF MAGWAZA: At the time when this violation occurred what were you doing?  You were a student.  What standard of education were you in?

WITNESS:   I was doing standard five. And how old were you?   ---   I was 17 years old.

PROF MAGWAZA: 17?

WITNESS:   Yes.

PROF MAGWAZA: The statement you have here relates to your shooting and further beating by a policeman named Pitso Moghale during 1991.  Can you tell us what happened on that day, the 28th of March 1991.

WITNESS:   I will start by saying I was a student at that time.  There was an SRC body which was under COSAS.  There were problems at school.  There were text book shortages at school.  There was a certain reverend called Bijani.  He was a minister of the Dutch Reformed Church.  He was a treasurer at school.  We were running short of text books, which were not sufficient for all students at school.  The library in Bloemfontein was not able to give us enough books.  We asked therefore our SRC body to make means how they can use the school funds to buy extra books.  They went to this minister that he should sign a cheque, and be given a teacher and some members of SRC committee to go and buy books.  The priest was adamant until we, as students, went humbly before him to ask him.  This Pitso, who is Moghele, was asked by the priest to come.  They came and they were saying derogatory words, and we were not fighting against the police.

PROF MAGWAZA: (Inaudible) ... about is Reverend Bijani.

WITNESS:   Yes, that's Reverend Bijani.  We were not able to accomplish that the money should be used, and Pitso Moghele, we were going to church together to Reverend Bijani's church.  In church we didn't have any complaints against the reverend.  He used to come to my house and inform my mother to tell me that I should not - I should sever my relationship with the fellow comrades and my friend because they make me be involved in politics.  My mother did tell me on a Saturday.  I said to my mother, "I am a student, therefore if there are other needs at school I don't understand how can I not participate in school issues whilst I am a student."  On a Sunday after I came back from church I changed my clothes, then I went to the sports ground.  On my way a certain police van came.  It was driven by Moghele.  They took me and put me in that police van.  There were other youth members inside that van.  When we arrived at the police station they were taken to the cells.  I was taken alone in a certain room, where I was assaulted.  This policemen were 10 in number.  I did try to revenge with my fists.  He saw that I was arrogant, then he said that I should be tied up.  Then he called special constables who were in that room, and they were assaulting.  They assaulted me whilst my hands were tied.  I was left alone there with a certain policeman.  Then I asked that policeman, "Why are you assaulting me?"  Then he replied by saying, "Moghele said you have cast aspersions against him."  Then I said, "I don't understand."  My mother heard through other people to ask them - then my mother arrived at the police station whilst I was still in that cell.  Then she asked them about my whereabouts.  They told her that they have not seen me.  I asked that policeman to release me, and that to inform my uncle to inform the station commander that I am assaulted.  This policeman denied.  Other policemen went with a van.  My hands were swollen because of the handcuffs.  He tried to unlock the handcuffs with the key, but the key was broken inside.  Then he said, "There is no way I can help you.  We need to remain in this room the way you are.  Then I told him that he must just release me the way I am, I will make means outside to unlock the handcuffs.  Another policeman took a key for the handcuffs and unlocked.  Then he said to me, "You must go back home."  I said to him, "How can I go home in this way," because one of my ribs was broken because they were kicking me with boots.  I walked a distance.  Sergeant Simano called me.  Then he gave me a charge sheet that I was playing ... (inaudible) ... there's a sergeant which I know who is Foster, who was residing next to the police station.

PROF MAGWAZA: Just repeat what you have just said.  They gave you a charge sheet - you said they gave you a charge sheet.

WITNESS:   Yes, it's a charge sheet.

PROF MAGWAZA: Okay, what was on that charge sheet?

WITNESS:   They say they have arrested me whilst I was gambling in front of the shack houses.  When I complained they said to me I should come and pay the fine, and on the other date I should come and go to court.  Then I did try to go to Foster's house, and I didn't find him.  Then I took the summons to the house, then I showed my mother, and "Look how I am swollen on the face," and that they have broken one of my ribs.  After some days I could feel that I was not feeling well.  When I was touching my ribs I could feel that something was sticking me inside.  Then she gave me some medicines, but they couldn't help me.

PROF MAGWAZA: (Inaudible)

WITNESS:   My mother.  I was using salve medicine to rub on my ribs.  On a holiday I went to my sister in Bloemfontein, then I phoned my other sister and explained what happened to me.  This policeman was threatening my mother that wherever he will meet me he will shoot me.  Then I told my sister that this person is saying a different story to my mother, and he is staying a different story to myself, and then because he doesn't want me to associate myself with the ANC people.  My sister took me to Pelonomi Hospital for examination.  When I arrived at the hospital they took an x-ray.  They told me that, "Your ribs are broken.  It has been some time now.  If you came early," because at that time those bones were just broken, but they were not separated from.  After some time, on the 28th of March 1991, I went to school in the morning, they expelled some of the teachers who hired inside their yards(?).  We as students therefore decided - then we decided as students that we were going to chase the police - the policemen's children who are attending that same school which we were attending.  After some times they expelled those teachers from the renting houses, then we decided to go and help those teachers to pack.  It was around past 12 to one.  We were helping those teachers outside.

PROF MAGWAZA: Can you just explain again?  Why were the teachers expelled?