Human Rights Violation Hearings — Ladybrand — 1997-06-25

WITNESS:   I was actually coming to that issue.  I will jump then and go to the incident that took place in 1990.  Now, there were two factions in Botshabelo at that time, because in 1989, that was the end of December, a strike began.  That was a strike at IBL, and the issue of the incorporation of Botshabelo into Qwa Qwa was also continuing.  Because I was still under the restriction conditions, though I was released on bail, but the conditions were still applicable as they were.  On that day - if I am not mistaken it was on the 9th of March - I was the offices of IBL on that day.  I was going to take part in the expulsion of an employee.  I was driving a hired kombi from Avis.  I stopped outside the IBL offices because I had an appointment there.  Just on my arrival a lady came running to me - I was with my comrade, Zanile Janji - and she said, "Quickly get out of this room.  There are people coming to attack you."  It is true, when we got into the passage we peeped through the window and the kombi was on fire.  And we managed to run to the door, and just when we got outside this was a group of people attacking us.  We ran to our offices and I called Mr Erasmus.  I was phoning him to tell him about what happened on his premises, and he said, "Listen here, you're only crying for one kombi, what about my buses who were burned in large numbers?"  So I had to go from the office and be back in Botshabelo.  Now I used public transport for that reason.  When I arrived in Botshabelo time had already gone because the kombi was burning, and a group of young people passed, and they passed at my home, and those said to me, "Comrade, we are in action.  Join us."  Now, when we went along with the action I stopped them and I said, "Listen here, I want small children to go back," but they were adamant.  Then we proceeded.  This was called "ndodapandle", in other words, "all men outside."  This was happening because there were two enemies within the township, the hit squad from Dikwankwetla, the hit squad from IBL, and the policemen.  Now, the ones who were attacking were the IBL hit squads, because when we approached we wanted to go to them, they were already on their way, driven by the policemen.  They started shooting at that time, and we ran for cover until we reached my home.  It was at about half past six.  I think it was now getting dark.  When I approached my house I saw a Hippo parking at my gate, and children were assaulted.  There were some of the comrades who were guarding me every night because of the attacks that were done on me.  When I looked at this situation of these children being assaulted I went to the policemen and I said, "What do you want?  This is my property," and some of them were surprised.   And their commander, who is Sergeant Modisane, he said he is the one.  That was the beginning of the fight because I was fighting, I didn't want them to take me by force into the Hippo.  I fought with these special constables until they defeated me, they threw me into the hippo.  They assaulted me from my house.  There were some of the children in the Hippo.  They were also assaulted.  We drove until at the police station.   We were taken into a separate room.  While waiting Modisane came in.  He said, "Where's Mfazwe?"

CHAIRPERSON: (Inaudible) ... lots of information.  If you could just - sometimes I feel I am losing track.  If you could just highlight the important points.

WITNESS:   All right.  Okay, I will try to highlight.  What happened then, after seeing me he went out, and he came in with the special constables.  One of the special constables said, "Where is Mfazwe?"  Because the children were so afraid of them they pointed at me.  Then the assault started.  They assaulted me.  My eyes were swollen until I could not see.  My face was full of blood.  Now, I hit one of them with a fist.  He fell and he fainted.  They took him out, and after a few minutes I saw a white man - I heard a white man.  He asked them, "Where is he?"  One of the constables pointed at me, and this white man gave me just one blow and I was shaken.  I blew back.  He wanted to grab his firearm, but one member of the Special Branch came in and he said, "What do you want from him?"  They left.  The following day - the station commander of Botshabelo at that time was Mr Tsumela, who is today the deputy commissioner of the police.  On the day thereafter the children were arrested because of the information received at the clinic.  All those children who were shot were fetched from their homes, and their parents were convinced to lay charges against me because I mobilised the children to go and burn the buses.  Some of the parents refused, except the parents of just one child, and all the parents said, "No, their children were not led into this action."  And a day after that I also requested to lay charges.  The person who was supposed to carry on with my statement was Sergeant Gayile.  He advised me to drop off the charges because by doing so I will not leave the police station.  Now, for my life to be safe he was asking me - he did not order me, he was just pleading with me, and I listened to him.  I left the police station and I was taken to Bloemfontein Prison.  That was after I was taken to court and the Court refused us bail.  We were eight in number.  I was the accused No 1.  We were refused bail.  I was taken to Bloemfontein Prison.  There was no bail.

CHAIRPERSON: (Inaudible) ... you in prison.  If you could just tell us how long they kept you in prison in Bloemfontein.

WITNESS:   I spent three months without bail in Bloemfontein.  They refused me bail.

CHAIRPERSON: What happened after that, if you could tell us shortly?

WITNESS:   When we went to court Molifide Theko from Thaba Nchu, who is a lawyer, asked what was happening, and he negotiated bail on our behalf.  We were given a free bail in that case, and the charges were dropped for all the co-accused.  I was left behind, and towards the end of that year the case was settled in court.  But I was now involved in two case, that is the restriction case and this one.  But after I was given bail the rules were still applicable that I should report to the police station.  Now, this restriction issue, in 1990 on the 15th of February Mr de Klerk said he was cancelling all the charges, but mine was not cancelled, it was only cancelled on the 2nd of April in 1990, and I was left behind in this one of shooting the children.  And it was cancelled the next year in 1991, that was in January, because the child was now telling the truth that the police forced him to make a statement against me.  That was the end of this case.  Well, there were many things that happened along the way in that year of 1990.  I do not know do you want to listen to them, because it seems to me the Chairlady wants me to stop.

CHAIRPERSON: It's not that I want you to stop, I am just having a problem because most of the things are not in the statement here - unless you want to add to the statement some time later on, add in some of the things which you have not reported on.

WITNESS:   The man who was taking the statement, that is the gentleman from Durban, said that in the statement we should briefly give our points, especially about our injuries, and the rest we'll listen to the Commissioners whether should we include them or not.  That is why I have a list of these incidents.  But that is briefly what happened.  And in 1990 I was poisoned, and it's not in my statement, it does not appear in my statement.  I was poisoned at Botshabelo Police Station.  I was then taken to the doctor.  The doctor referred me back.  He gave me the medicine, and the next day he informed me that I was poisoned.  And I asked him to verify, and he told me that he was not going to risk his profession.

CHAIRPERSON: What was the name of that doctor?