Human Rights Violation Hearings — Klerksdorp — 1996-09-24

CHAIRPERSON: ... it is from this afternoon's story, nonetheless, many of the incidents that we have seen that took place in a lot of the towns that we are involved with, took place in this little place as well.  As you are going to tell us, your son was killed during that period.  Mrs Nthoroane, are you okay?

YASMINE SOOKA: Can I ask people please to keep quiet.

DR RANDERA: Okay.  Mrs Nthoroane, I please want you to stand to take the oath and then I will hand over to Commissioner Potgieter, who is going to help you.

LYDIA MOSEBI NTHOROANE: (Duly sworn, states).

DR RANDERA: Thank you, ma'am.

UNKNOWN: Thank you to our esteemed team leader.  Good afternoon, Mrs Nthoroane.  We realise that although this incident happened in 1989, some years ago, it still is obviously quite a difficult and a painful experience for you.  I would like you to tell the story so that we can take note of it.
 It concerns your late son, Pule Caiphus Nthoroane, who died on the 19th of November 1989.  Now before we talk about the incident, perhaps you can just tell us a little bit about Pule, the deceased.  How old was he in 1989 when he died and what was he doing?  Was he employed, was he 
KLERKSDORP HEARING TRC/GAUTENG
2 L M NTHOROANE
married, has he got children, a wife, or what was his position?  Would you like to tell us.

LYDIA MOSEBI NTHOROANE: He was a student only in 1986, when he was beaten by the police. Then when he left school he went to the mines where he said he wanted to work. He went only for five months.  Then because they had beaten him at Makwassie, they even cut one of the veins on the top of the head.  When he arrived at the hospital, he usually heard a sound in he head, and he slept at the hospital, Westvaal Hospital. He only stayed on the system the 17th, then he went back to the mine. He didn't work at the mine. Then he said he must work for night shift.  Then because of the head problem he went to Leeudoringstad.  That is where they tortured and killed him.  Many things I didn't hear then because I didn't know who did that.  The person who brought the messages is the person who is there, because he was staying at Leeudoringstad, he is the person who can explain.  What I said,  I only told them, is that they have just said they have saved my son.  Then I said if they have received my son in the cell, what happened that he should be killed.  He has died.  They did the post-mortem. No member of the family was there. They even took him out of Leeudoringstad, they even took him to the Avbob mortuary.
 The person who can give evidence is Herbert Nthoroane.  Still, we were waiting.  Then they came back to me, after a week.  Then they sent William Tshogo, that I should sign papers.  Then I said I couldn't sign papers because I didn't know what I am signing for.  Then he left.  They came back from Leeudoringstad again that I should sign a paper, because I am a witness. Then I said how can I be a witness, after you have killed my son, not knowing the whole KLERKSDORP HEARING TRC/GAUTENG
3 L M NTHOROANE
incidence what happened.

UNKNOWN: Let me just ask a few questions to understand what actually happened.
 Now there were two incidents of assault.  There was one in 1986 and then there was the one in 1989.

LYDIA MOSEBI NTHOROANE: 1986 and 1989.

UNKNOWN: Now 1986, let's talk about that first.  He was assaulted by the police.  Is that correct?

LYDIA MOSEBI NTHOROANE: Yes, he was beaten by the police, he was hit on the head. He didn't die in 1986, he died in 1989.  They beat him on top of the head.

UNKNOWN: And as a result of that assault, he suffered an injury to his head. In fact, one of his veins was damaged.

LYDIA MOSEBI NTHOROANE: Yes.

UNKNOWN: And I assume that injury was giving him problems right through, from 1986 onwards.

LYDIA MOSEBI NTHOROANE: Yes.

UNKNOWN: Now in respect of that 1986 assault, where did it happen, where did the police beat him? Was it at the police station or where?

LYDIA MOSEBI NTHOROANE: They were beating him as they were singing. As they were singing, he was among the group which was singing and which was arrested in 1986.

UNKNOWN: So when he was assaulted, where was he, was he in the township or was he at the police station or where was he?

LYDIA MOSEBI NTHOROANE: He was at home, he was beaten at home.  Because we could find the pool of blood in one of the houses.

UNKNOWN: And as a result of that assault and injury
KLERKSDORP HEARING TRC/GAUTENG
4 L M NTHOROANE
he was in hospital for about two weeks, at Westvaal Hospital. Is that correct?

LYDIA MOSEBI NTHOROANE: In Westvaal he went thereafter, he stayed three weeks.

UNKNOWN: Three weeks, okay.  And there was a witness to that incident, that assault, a person, you have given the name in the written statement that you gave, a Mr Mosime, is that correct?

LYDIA MOSEBI NTHOROANE: Yes, that's the one that was working with them in the comrade activities.

UNKNOWN: He was the one that saw what happened in the 1986 incident?

LYDIA MOSEBI NTHOROANE: Yes, Sir.

UNKNOWN: Good.  And then there was the second assault which happened on the 19th of November of 1989.  Is that correct?

LYDIA MOSEBI NTHOROANE: It is at Leeudoringstad, I was not there.

UNKNOWN: Now I am trying just to ascertain what you know about this second incident.  The ... (intervention).

LYDIA MOSEBI NTHOROANE: At the second assault, I don't know anything because I have no evidence.  We saw blood running from the rank to the cell. They didn't give us any light of what had killed him, but they just said he was vomiting from the mouth.

UNKNOWN: And there was no witness of this assault of 1989.  Is that correct?

LYDIA MOSEBI NTHOROANE: He is there, it was somebody from the Sudi family.  The father says he doesn't know where they went. They were arrested in cell number two. He said in the morning at six o'clock, the police opened the doors and said they should leave.  When they went into the location, they
KLERKSDORP HEARING TRC/GAUTENG
5 L M NTHOROANE
heard that somebody has died in one of the cells.  We don't get him, we don't know where he went. He is the one that saw everything near the police station.

UNKNOWN: Now in respect of the 1989 incident, what explanation did the police give to you about the cause of his death of the police death?

LYDIA MOSEBI NTHOROANE: They didn't explain anything to me. They just said to me he drank some drug.  They said just they should give me an evidence to see.  They didn't give me any written statement.  When I wanted - and a declaration. They just left us there.  They didn't, they denied to tell us the truth of what is the cause of the death of my son.

UNKNOWN: So they tried to tell you on the second occasion in 1989 that he died as a result of drinking something?

LYDIA MOSEBI NTHOROANE: Yes, they said he has drunk a strong liquor. When they looked at the mortuary, we could see that a trace of blood from the nose.

LYDIA MOSEBI NTHOROANE: So from what you saw at the mortuary, it appeared that he was actually assaulted, he was bleeding or he had bled.

LYDIA MOSEBI NTHOROANE: Yes, we could see that he was hurt on the head.

UNKNOWN: So did you believe this story that the police were telling that he died because he was drinking?

LYDIA MOSEBI NTHOROANE: I told them that my child didn't drink hot stuff, he was drinking only beer.  But when he came back from home he was no more drinking.  Usually he held his head and said his head is giving him problems.

UNKNOWN: How old was Nthoroane when he died?

LYDIA MOSEBI NTHOROANE: He was 25 years old.
KLERKSDORP HEARING TRC/GAUTENG
6 L M NTHOROANE

UNKNOWN: And was he still working at the mine?

LYDIA MOSEBI NTHOROANE: Yes, he was still working at the mine, at No 8, Vaal Reefs.

UNKNOWN: Was he working for the home?

LYDIA MOSEBI NTHOROANE: That is the child who was supporting us, he was the only one at home.

UNKNOWN: Did he have any children of his own?