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

ADV NTSEBEZA:  So should we add that at the time you say you were diving for cover that at the same time you were trying to assist injured people.  Should we add that then?

WITNESS:  Yes.

CHAIRPERSON: Thank you.  I think we should take the last one.  Could you please be quiet.

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

CASE NO: 11

MS MAYA: We would like to call Nomfaneleko Mdlangu.
NOMFANELEKO MDLANGU   Duly sworn states

REV XUNDU: Good day Nomfaneleko.  You were from Queenstown when you came to the march, is that correct?

WITNESS:  No my home is in Cradock.  I am in Queenstown now.  I was in Queenstown then.

REV XUNDU:  Thank you.  You had come to the march from Queenstown.

WITNESS:  I was a student at the time.  I was a student.

REV XUNDU:  And you had come to the march on the 7th September.

WITNESS:  In 1992 I was a student here in Bisho, resident here in Bisho and I was injured before the march.  I was injured here in Bisho.  We were toyi-toying on our way back from a meeting and I was knocked by a car driven by soldiers.  Before then, the house in which we were staying I couldn't sleep at because they were saying there that I was housing people that were coming back from exile.

REV XUNDU:  In your statement you say that on the 7th September 1992 you were injured at the Bisho massacre having attended a peaceful march at Bisho stadium.

WITNESS:  I hadn't reached Bisho stadium yet because I was knocked by a car on the same day in Bisho.

REV XUNDU:  What car was that?

WITNESS:  It was these big lorries being driven by the soldiers.

REV XUNDU:  Was it a military vehicle?

WITNESS:  Yes it was.

REV XUNDU:  Did it stop and did they pay any attention to you?

WITNESS:  It was a hit and run.  It didn't stop.

REV XUNDU:  How did you obtain assistance?

WITNESS:  My comrades got a car to take me to Gray hospital.

REV XUNDU:  What did you do when you got to Gray hospital?

WITNESS:  At the time I was unconscious.  I did not know what happened when I got to Gray hospital.  I came to on the 9th when I was at Cecilia Makewane hospital.

REV XUNDU: And you stayed at Makiwane until the 20th December, is that correct?

REV XUNDU: ---  Yes, while I was at Cecilia Makiwane there was something that the nurses were saying when giving us treatment.  They were saying that they were fed up with me because the soldiers were coming up for me frequently and they would sometimes come and say that they were bringing me food and bringing me clothes and at the time I couldn't get into them because I had been severely injured.  I had a pelvic fracture and another one, and one on my right arm.

REV XUNDU:  Was there any investigation in connection with your matter, where attorneys investigated what kind of compensation you could obtain?

WITNESS:  [indistinct]

REV XUNDU:  Was there any investigation by attorneys about instituting a civil claim?

WITNESS:  Yes there was an investigation but there still hasn't been anything forthcoming up to this day and attorneys are always calling me up, wanting to know from me what the specialists say, what is the reply from Pretoria, what is the police's response.

REV XUNDU:  Which attorneys are those?

WITNESS:  Dumisani, van Heerden and Smith.

REV XUNDU:  When was this, what time was it when you were knocked by a Casspir?

WITNESS:  It was at 200 p.m.

REV XUNDU:  As someone that never received any compensation and as someone that was knocked by a military vehicle, do you think that that violation of your right should be investigated by this Commission?

WITNESS:  Yes I would like the Commission to investigate this matter for me because I spent a lot of money because of this, up and down to attorneys because while I was at school in 1994 in Johannesburg doing some courses there, I was called up specially being told that attorneys in King William's Town wanted to see me and when I got there they wanted to know what the specialists in East London had to say.  There was no assistance from anybody.  I am the one that spent a lot of money.  Even after I had stopped studying and tried to get some jobs, the attorneys would keep calling me up, yet there was no money forthcoming.  I'm the one that kept spending money and I would like a thorough investigation to be instituted, even the attorneys to be asked what happened, what became of the claim because I spent a lot of money going up and down for something that, to which I don't have any answers.

REV XUNDU:  What else would you like the Commission to do for you?

WITNESS:  I would like the Commission to investigate for me because Gqozo at the time he was trying to kill us.  I'd like to know what his intentions were.

REV XUNDU: Thank you.  I'd like to hand back to the Chairman in case any of my colleagues would like to put any questions to you.

CHAIRPERSON: Reverend Finca?

ALL FIVE WITNESSES SWORN IN: Thank you Your Grace.  I would like to know, this incident in which you were involved, did it have something to do with the Bisho massacre?

WITNESS:  Yes we had come from a meeting and we were on the way to that meeting.

ALL FIVE WITNESSES SWORN IN:  The accident in which you were involved, what time did it happen?

WITNESS:  It happened at approximately 200 p.m.

ALL FIVE WITNESSES SWORN IN:  At approximately 2 o'clock?

WITNESS:  Yes.

ALL FIVE WITNESSES SWORN IN:  Where in Bisho?

WITNESS:  This last road here in Bisho where the houses are.

ALL FIVE WITNESSES SWORN IN:  At the time were you [intervention]

WITNESS:  We were from the meeting on our way to the march.

ALL FIVE WITNESSES SWORN IN:  Whereabout had the meeting taken place?

WITNESS:  It had taken place at a house.

ALL FIVE WITNESSES SWORN IN: Thank you.

CHAIRPERSON: Dumisa Ntsebeza?

ADV NTSEBEZA: Thank you Your Grace.  I would just like to get some clarity on a few things.  You see the problem we have is that your statement as Reverend Xundu read it, creates the impression that at the time you were injured, it was after you had left the march which was proceeding to the stadium.  Would you like us to correct that and say that you had not gotten there yet, you were still on your way there?

WITNESS:  Yes please.

ADV NTSEBEZA:  Then again you say that approximately 200 p.m. you heard gunshots and you saw people who had been marching, running all around.  Is that what you actually said?

WITNESS:  No I was still on my way there.  I was still on my way there.

ADV NTSEBEZA:  You see according to your statement, your statement says you heard gunshots in that area and you saw people, marchers running all over the show.

WITNESS:  I had been injured by then.

CHAIRPERSON: Please listen to the questions being put and if you want to make any comments, please go and do that outside because you are disturbing us.  Thank you.

ADV NTSEBEZA: Thank you Your Grace.  The attorneys that you went to, as Reverend Xundu asked you, did you want to go and institute a motor vehicle accident claim?

WITNESS:  Yes.

ADV NTSEBEZA:  Who are these attorneys so that we can follow up?

WITNESS:  It was Smith, Thabata, van Heerden.