Human Rights Violation Hearings — Grahamstown — 1997-04-07

CHAIRPERSON: Thank you Ms Maya.  We would like to give respect to those who passed away before we start with our proceedings.  There are people here who were murdered in Grahamstown in Bedford, Adelaide, Cookhouse and we would like everybody to stand up to give respect to these people as we are going to read out their names.
NAMES OF DECEASED READ OUT
 In our panel today we have Reverend Mcebisi Xundu. He from Port Elizabeth Anglican Church.  He is a member of the Reparation and Rehabilitation Committee.  This Committee is responsible for making sure that victims are being attended to giving advice to President.  Next to him we have Mrs June Crichton.  She was a member of Black Sash, she is still a member of Black Sash, I think.  She is in Port Elizabeth.  She is a member of the Human Rights Committee.  Next to me we have Ms Tiny Maya.  She is an attorney from Umtata.  She was a secretary of BLA, an organisation for lawyers, she is also a member of the Human Rights Violation Committee.  Next to her we have a young man from Grahamstown, Ntsiki Sandi.  He was the one organising this hearing here in Grahamstown because he was born here in Grahamstown.  He was busy preparing this hearing.  He's a lawyer.  He worked with the Human Rights Committee in King Williamstown.  He's also a member of the Human Rights Violation Committee.  I am Bongani Finca.  I am a member of the Human Rights Violation Committee.  Archbishop Desmond Tutu sent us a message here in Grahamstown.  He greets everyone here because he's too busy with other works for the Commission he is unable to come here together with Alex Boraine.  Thank you.  We will now call our first witness.  We will call Tembinkosi Tom.
 Mr Tembinkosi Tom we welcome you today to this Commission as our first witness here in Grahamstown.  We would like you to take an oath.  Reverend Xundu will help you do that.

TEMBINKOSI TOM: (sworn states)

CHAIRPERSON: Ntsiki Sandi will lead you with questions on behalf of the Commission.

MR SANDI: I would like to greet you Mr Tom this morning.  Let us start this way.  When you were giving us your statement you said that you are residing here in Grahamstown?

TEMBINKOSI TOM: Yes.

MR SANDI: You always stayed here in Grahamstown?

TEMBINKOSI TOM: Yes.

MR SANDI: You made a request to appear in front of the Commission to tell us about what happened to you in 1986 is that correct.

TEMBINKOSI TOM: Yes that is correct.

MR SANDI: Before you tell us what happened to you in 1986 can you please briefly give us, or tell us about what was the situation, what was happening here in Grahamstown in 1986?

TEMBINKOSI TOM: In 1986 in Grahamstown the police came to my house, they were known as the Special Police.  They came to my house which was about quarter to nine.  They kicked the door.  We were all - our family was in the house at that time.  When my mother went to the door they kicked the door and together with her, Toto Mankayi together with his colleagues came in.  One of them was Tobile Nobebe.  They came to me and they beat me.  My mother tried to defend me.  They said they are going to shoot me.  They pointed a gun at my mother.  They took me outside because my mother couldn't defend me.  They didn't say what they were beating me for.  They took me outside, the assaulted me saying that they are going to shoot me and they are going to kill me.
 Toto Mankayi said that he wanted to kill ten people.  They were assaulting me all this time.  I managed to escape and I ran away to another street, End Street and I went to one house, no.4 in End Street.  At that time I saw that I was severely beaten up and I hid under a bed.  While I was still under a bed Tobile Nobebe came in.  He pulled me out because he asked from one little child where I was, and the child told him that I was under a bed.  He pulled me out.  He took out a gun and he shot me while I was lying down.  He dragged me into the street and he left me there.
 When he was going to shoot me for the second time children from that house they cried and they begged him not to kill me.  He left chasing these children together with his colleagues.

MR SANDI: Did you receive medical treatment in hospital?

TEMBINKOSI TOM: Yes. Nomangesi came to that street.  He took me to the Settlers Hospital.  In Settlers Hospital they transferred me to Port Elizabeth.  From Port Elizabeth they transferred me to Cape Town to Conradie Hospital.

MR SANDI: I can see that you are in a wheelchair, were you injured on that day?

TEMBINKOSI TOM: Yes I was shot on that day.

MR SANDI: The people who assaulted you and shot you, who were with Tobile Nobebe and Toto Mankayi, were they arrested or did they appear in a court of law?

TEMBINKOSI TOM: My sister hired a lawyer, Bonisile Sandi.

MR SANDI: What happened to that case?

TEMBINKOSI TOM: They went to testify in court but I was not there.  I heard that the case was dropped, Sandi told me, because I received certain money.

MR SANDI: Did you receive money due to your injuries?

TEMBINKOSI TOM: Can you please repeat?

MR SANDI: Were you paid by the government or by the Minister of Police as you were injured by the police?

TEMBINKOSI TOM: I was paid.  I went to the lawyer and the lawyer received that money.

MR SANDI: Do you have a problem in mentioning how much were you paid?  How much were you paid due to your injuries?

TEMBINKOSI TOM: I received R180 000 and I paid my lawyer.

MR SANDI: Do you receive medical treatment now?

TEMBINKOSI TOM: Yes.

MR SANDI: What kind of treaatment do you get?

TEMBINKOSI TOM: I had bed sores, I'm still seeing a doctor in Settlers.

MR SANDI: When you were giving your statement you had a request to the Commission to forward this request to the President, together with his team, do you remember what your request was?  Do you receive a pension?

TEMBINKOSI TOM: Yes I do.

MR SANDI: Do you have a request to the Commission as you have just explained your painful story to us?

TEMBINKOSI TOM: This question confuses me.

MR SANDI: What is your request to the Commission Mr Tom, if you have one?

TEMBINKOSI TOM: The money I received was not enough.  I paid out lawyers and I paid for my wellbeing.

MR SANDI: Is that all you want to say Mr Tom?  Do you want to add something?

TEMBINKOSI TOM: No.

MR SANDI: Thank you Mr Tom.  Maybe you will be asked questions.  Thank you Mr Chairman.

CHAIRPERSON: Thank you Mr Sandi.  June Crichton?

JUNE CRICHTON: Good morning Mr Tom, can you hear me?

TEMBINKOSI TOM: Yes I can hear you.

JUNE CRICHTON: I just have a couple of questions for you.  The police that broke into your house on that day, were they amaChaka, were they Municipal Police?

TEMBINKOSI TOM: Yes they were Municipal Police.

JUNE CRICHTON: And did I hear you correctly when you said that Mankayi said that he wanted to kill ten people that day?

TEMBINKOSI TOM: Yes.

JUNE CRICHTON: Were you involved in a political organisation yourself, you were about 26 years old I think, were you involved in Greco(?)?

TEMBINKOSI TOM: No I was at home at the time.

JUNE CRICHTON: So you were not a student?

TEMBINKOSI TOM: No.

JUNE CRICHTON: And as far as the payment to you was concerned was that payment made with your agreement, was the amount discussed with you?

TEMBINKOSI TOM: No it was not discussed with me.

JUNE CRICHTON: Thank you Mr Tom.

CHAIRPERSON: Rev Xundu?

REV XUNDU: Sir I would like to ask you whether there are people who are dependant - do you have any dependants?

TEMBINKOSI TOM: I am staying with my family, I don't have any children.

REV XUNDU: Thank you Mr Chairperson.

CHAIRPERSON: Mr Tom according to your view what made these people, what drove them to come to you and to shoot you and left you injured, what was the reason for that?

TEMBINKOSI TOM: I don't know Sir.

CHAIRPERSON: Were there any political conflicts in the area at that time?

TEMBINKOSI TOM: Yes.

CHAIRPERSON: Were you involved?