Human Rights Violation Hearings — Nelspruit — 1996-09-03

THOKO LINDIWE MHLABANE: Yes they did actually look after me,they did give me the good treatment, I was satisfied, but one thing that made me unhappy, there were a lot of police who were just looking after me there as if I was a prisoner, but the people from the hospital side were looking after me well.  They said to me after two months they were going to transfer me to Pretoria where they are going to remove these pellets from my body.
 And then when I went back to the hospital they said to me, no it's quite impossible that these pellets can be 
removed from my hip. They did not remove them.  These 
pellets are still in my body.

DR BORAINE: Thank you very much. You were obviously charged in the Barbeton Magistrate's Court, can you tell us NELSPRUIT  HEARING TRC/MPUMALANGA
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what was the charge that they had against you?  Do you know what the charge was that they laid against you?  What did they accuse you of doing?

THOKO LINDIWE MHLABANE: They said to me when I was questioning them at the court, the white policeman said, I manhandled him, and I said, "No I do not know about that", and they said to me, I threw stones at him, I manhandled him and I did not know about this.

DR BORAINE: Did you have an attorney to help you, a lawyer?

THOKO LINDIWE MHLABANE: Yes I did have an attorney.  It was the responsibility of my community members, it was Mr Mjapilo and Black.

DR BORAINE: Thank you, and when the policeman told the court that you had manhandle him, what did your attorney say?

THOKO LINDIWE MHLABANE: My attorney said, ask the white police that if your wife is eight months pregnant, is she in a position to manhandle a man. Where can she get the strength to manhandle a man if she's eight months pregnant? That was the question that was directed to the white police officer.  And that white police officer could not give an answer to that, in fact he said, "Well she can not be in a position to".  Then they said, "You shot at this black woman because you say she manhandled you, but it's strange because she was on the other side of the road. Now how did she come next to you that she manhandled you?"  And the white officer failed to give a satisfactory answer.  She could not answer.

DR BORAINE: So nothing came of the case even though it lasted about eighteen months and you were finally discharged
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and the case was dropped?  Is that right?

THOKO LINDIWE MHLABANE: Yes it was like that. That was the end of it.

DR BORAINE: Your attorney or you didn't take it any further by laying a charge against the policeman?

THOKO LINDIWE MHLABANE: My attorney said that if I've got money I can approach him and only to realise that I no longer have enough money in order to take further steps.  I was always trying to find out exactly what can be done, maybe to take further steps because I'm now crippled, there is nothing that I can do, I don't have any source of income.  Even at home they don't have a source of income, so they can only afford only to look after me.

DR BORAINE: Have you at any time thought of applying for a disability pension from the State, and if you have, did they turn you down or didn't you try?

THOKO LINDIWE MHLABANE: If you go and apply for such a disability grant, they say they need a medical certificate and then I went to the doctor, they refused to grant me medical certificate.  I'm finding some ways, how can I get that disability grant.

DR BORAINE: Ja we'll look into that but tell me, you obviously still have some problems with your health, do you go to a doctor or a clinic or to a hospital to try and get some help?

THOKO LINDIWE MHLABANE: Yes actually every month I have to consult a doctor. I think this thing has actually caused that I am attacked by heart disease.  I always consult a doctor on a
regular basis.

DR BORAINE: And your father helps you to pay for the doctor or have you a special medical aid or what?
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THOKO LINDIWE MHLABANE: Yes my father is the only person who is assisting, he doesn't have any medical card, and my sisters also give help here and there.  They are not working also.

DR BORAINE: Thank you, I'm going to ask my fellow commissioners if they have any questions. Yes Ms Sooka?

YASMINE SOOKA: Could I just ask in terms of your child, does he receive any treatment for his chest condition?

THOKO LINDIWE MHLABANE: Yes but not satisfactorily.  Because even at home, my relatives are now actually tired, they've got to foot the bill, they do everything, they must provide food, they must provide clothes.  Right now the child is suffering from that chest so it's a problem.  I don't have really assistance, I don't have it. I can't afford to take him to the specialist, I only take him to the clinic where I can afford, it's very difficult to take him to the specialist.

YASMINE SOOKA: Does he attend school?

THOKO LINDIWE MHLABANE: Yes he does attend school.  She's undergoing school.

YASMINE SOOKA: What standard is he in?

THOKO LINDIWE MHLABANE: He's at standard two.

YASMINE SOOKA: Thank you.

CHAIRPERSON: Could I just before we let you go, because I know it's not easy answering questions, I'm just a bit worried about the fact that there are so many people in our country who have medical problems and don't seem to
have any access to a clinic or to a hospital.  In many 
instances in the last couple of years, medical treatment, especially for children, has been made a lot easier, cheaper and sometimes for nothing. We will talk to the MEC for health to find out exactly what facilities there are, because if there are and if there is treatment which your NELSPRUIT  HEARING TRC/MPUMALANGA
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daughter or your son can have, I'm not sure I understood whether it's a boy or a girl, is it a boy or a girl?

THOKO LINDIWE MHLABANE: It's a girl.

CHAIRPERSON: I thought so, sometimes they say he and she, we're not quite sure.  Your little girl, we'd like to see if we can't do something and for yourself as well because, as I say, things have changed and if we can't find that then we must make sure that you get some assistance.  Thank you very much for coming, it must have been a very very traumatic time and we're only very grateful that even though you were so badly injured, somehow the miracle happened and your child survived.  And even though it must have been very very difficult to have found the money and pay for schooling and for health to have her with you as your daughter, must give you a great deal of comfort and joy.  Thank you again for coming and I thank your father as well. Thank you.