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

WITNESS:  I never instituted a civil claim but I had gone to Smith Thabata and I was told there that I should go to Provincial Affairs and ask for the dockets or medical reports or something.  They wanted several things but I never went back to them up until now.

UNKNOWN:  When last did you go to them?

WITNESS:  I had gone recently before I came here, on Wednesday.

UNKNOWN:  In other words as far as you know they are continuing to investigate this matter?

WITNESS:  As far as I know they said that it was, the claim was still being processed but that investigators had come to me to take statements and that the Truth Commission had also taken statements that were submitted.

UNKNOWN:  I just want to make sure about this because in order for us to be able to be of assistance to you, we are able to, and investigate this matter that we can come up with something of substance, are you saying that they are proceeding with the claim which you had instituted, that you should receive some kind of compensation due to the injuries which you sustained?  Do not confuse it with what we as the Truth Commission are doing but when you say that Smith Thabata attorneys are busy with a claim on your behalf, are you saying that they are doing it on your behalf, that they are doing it so that you can receive compensation for the injuries which you sustained on this day?

WITNESS:  Let me say for now that they said that they are proceeding but I am not sure because my medical report still hasn't been sent to them.  It is still at the hospital, at Frere hospital.

UNKNOWN:  Would you like us to assist you in that regard?

WITNESS:  Yes I would appreciate it.

UNKNOWN: Thank you very much sir.

TRUTH AND RECONCILIATION COMMISSION: BISHO MASSACRE - DAY 1 - 9 SEPTEMBER 1996

CASE NO: 5

UNKNOWN: MZWABANTU NQABISA [brother]
 MS NQABISA [mother]

BONGANI FINCA: Chairperson we would like to call Mzwabantu Nqabisa to the stand.
MZWABANTU NQABISA   Duly sworn states
MS NQABISA          Duly sworn states

CHAIRPERSON: Ntsike?

UNKNOWN: Thank you Chair.  In looking at your statement you say that you are going to give evidence with regard to the shooting of your brother who was a soldier and was a co-soldier with you at the Defence Force in the Ciskei in December 1992, is that correct Mr Nqabisa?

WITNESS:  That's right.

UNKNOWN:  I am going to ask you a few questions which you will respond to accordingly.  Firstly, I would like to ask you a question that is not related to the incident of the 7th September.  In the Ciskei Defence Force, when did you join the Ciskei Defence Force, did you say 1987?

WITNESS:  Yes I joined in 1987.

UNKNOWN:  And your brother that you are going to give evidence about, Vusumzi Sydney Nqabisa, did he join at the same time?

WITNESS:  Yes we both joined in 1987.

UNKNOWN:  Let us just focus now on that day in September.  Can you just sketch a picture for the Commission about the events of that day.  Can you tell us what happened?

WITNESS:  On the 7th September 1992, we left Bisho Military Base and were posted at this Fort Hare premises where we are today.  We were B and C companies and in the company, I was in the B company platoon and each company has three platoons.  In these three platoons, one section was deployed at the car park, the second platoon was deployed by the pavement near the car park and the third platoon was deployed and so on so forth.  Each platoon was deployed according to sections and we were deployed in such a way that we had completely covered this campus.

UNKNOWN:  Can I please ask you to look at me when you speak so that if I would like to ask you another question you would be able to see that.  Are you saying that the manner in which you were deployed you were basically deployed in such a way that you were facing the people coming from King William's Town?

WITNESS:  Yes we were deployed in an extended line which is like standing in one row with nobody behind you.

UNKNOWN:  Where was your brother at the time?

WITNESS:  He was next to me at the time.

UNKNOWN:  Can you please proceed and tell us what happened thereafter.

WITNESS:  What happened on the 7th is that while we were still standing in our sections, sections 1,2 and 3, we had our commanders who were in charge of us in our various sections - the ranks of lance corporal, full corporal and sergeants and majors and so forth.  What happened on the 7th September is that while we were standing watching the oncoming crowd, suddenly there was a dark cloud and chaos erupted.  What happened was, while we were standing there watching my brother just fell.  What we then did was that the corporal in charge of us said that we should retreat and retreat means that we should go back.  So this commander who was in charge of us, Captain Kyushu, took us and told us that we should go and lay flat among the flowers here at the fort, here near the tap on the  [indistinct].  We then slept there that night and we were wet and cold and we left there the next morning, when the people left, the people that had come to the march.  Everything that had happened after we had retreated, our section, section 2 because they found that in our section there were casualties and an ambulance came and took my older brother and took him back to the base.  I was not informed of what the nature of his injuries were.

UNKNOWN:  Mr Nqabisa, was there any instruction that you had received on this day when you had been deployed there to watch this crowd coming into Bisho?

WITNESS:  The instruction which those who were present received on the 6th, the instruction was issued on the 6th from Brigadier Oupa Gqozo, was that he doesn't want any of the soldiers to go home, that we should all sleep at the base but I insisted and I went home and I had gone to even tell my sister and the residents that this is what is going to happen on the 7th and that they should not go to Bisho.

UNKNOWN:  What did you tell them, what was going to happen?

WITNESS:  I told them that there was going to be trouble in Ciskei.

UNKNOWN:  And was there any reason for you to think that this was going to happen?

WITNESS:  Yes there were things which I could have suspected because judging by the way the people in charge were behaving, they didn't tell us everything.  You would be told to stand here and not even know why you are standing there but that person would know why they let you stand at that place and they knew everything and we were merely told to stand there and watch the crowd that were coming in towards us.

UNKNOWN:  Did you say that on the 6th September, the day before the shooting, that you were supposed to be at your base but that you were not at the base?

WITNESS:  I was at the base on the 6th but I went home on my own at my own insistence in spite of them having said that no one was to go home but I went on my own and got into a taxi and went home.

UNKNOWN:  Did you hear anyone say who had shot your brother, exactly who had shot your brother?

WITNESS:  What happened is that our guns had been tested, all our firearms had been tested but the ballistics report was never made available to me to know where the bullet came from which struck him fatally.

UNKNOWN:  Did you say that, where on his body would you say he was struck?

WITNESS:  He was struck on his head and his skull cracked.

UNKNOWN:  When you think because when something happens there are perceptions about how this whole incident took place and when you just think, who do you think shot at him?

WITNESS:  When I think about it, I don't know and that is the knowledge that I am still looking for today.  I would like to know who shot him.

UNKNOWN:  Tell me, on that day were all the soldiers who were there supposed to have been on duty or were there some who were off-duty on that day?

WITNESS:  Everyone was instructed on the 6th September that no one should go home, that everyone should report at the base.