Human Rights Violation Hearings — Middelburg — 1997-06-04

MAMOKONYANA M THABANA: The difficulty was with, concerned the police, because the police were keeping a constant check on everything that was happening.  And they brought us the letter and they limited even the number of the people.  They requested us;  all the people who attended the funeral were asked to produce their reference books.  Those who did not have, were arrested.
 The second thing was that the police wanted the funeral to be banned and said that if the funeral should be dropped;  then they can pay the expenses of that funeral.  So we could not understand what they were saying.  We did not agree to that.  
 Then the police decided that they were going to take everything in their hands.  They arrived on the Wednesday before the funeral.  Upon their arrival, people were more than the limited number that was given.  They got into the house.  They were driving the Hippo's.  
 Fortunately enough, they did not find the people they were looking for.  Most of the boys that they were looking for, were given the old people's clothes to disguise.  So they could not see that those were youngsters.  So most of the people that they found were the working ones, the adults.  So unfortunately there was only one that could be identified;  who was beaten and then taken by the police.
 The following day, we went to the police.  Then the commission of police came and told us that we know that we had a limited number of the people to come to the funeral.  But he felt we have exceeded the number.  It was said that they wanted to talk to us.  
 Then they agreed that we can proceed with the funeral arrangements;  to bury this child here in Middelburg.  But we should not allow this group to carry the coffin up.  And another instruction that he should give, is that the children should not fight.
 Then we told him that we are going to do like wise.  Then we went to look for a van.  The van that carried the cold - the cool van.  Then we put a - the coffin was ferried through the cool van to the ...  
 Kids could not understand what was happening.  Then they took the coffin and started running with it.  Then on our way to the graveyard, we met the police.  Then we started running with it, but nothing was happening to us.  But upon our arrival to the graveyard, the problems started.   When the police, when the youngsters saw the police, they got angry.  Then they started - there was friction between the moaners and the police.  During the funeral, the police were looking at us.  Then, when we were about to move, by then the police were waiting for us.  
 Then they started looking for people.  The youngsters started running away.  Then they started, the police started arresting other people.  And then some of them went to an extend of coming home.  Then upon their arrival, they looked at their youngsters, but they could not find them.  Then the police left.

PROF MEIRING: Mrs Thabana, thank you very much.  There's a last question I want to ask before I hand you over to the Chairman.  Was there a civil claim afterwards?  Did you claim against the police for what they did to your brother?

MAMOKONYANA M THABANA: Yes.

PROF MEIRING: Did you succeed?

MAMOKONYANA M THABANA: No.

PROF MEIRING: You may - in the papers before us, we have a number of letters written to and throw, but to no avail.  Is that correct?

MAMOKONYANA M THABANA: Yes.

PROF MEIRING: Thank you.  Thank you very much.  I hand you over to the Chairman.

CHAIRPERSON: May I just ask a follow up on this question?  The correspondence you had with the lawyers;  the last letter they sent you a copy of an opinion by council where they advised that you settle for funeral costs plus costs of the suite?  Did they pay you anything or did they finally settle it?

MAMOKONYANA M THABANA: No, we didn't get anything.

CHAIRPERSON: Did you get any further correspondence from the lawyers?

MAMOKONYANA M THABANA: (hesitates)

CHAIRPERSON: Okay, thank you ...

MAMOKONYANA M THABANA: The last letter received was the one that was calling us to Pretoria, but nothing happened.

CHAIRPERSON: Did you not go to Pretoria?

MAMOKONYANA M THABANA: They didn't get the letter so.

CHAIRPERSON: Dr Ally.

RUSSELL ALLY: You say that you believe that the police deliberately aimed at your brother;  that they actually shot to kill, because they knew him as an activist.

MAMOKONYANA M THABANA: Yes.

RUSSELL ALLY: Was there an inquest to actually establish exactly how your brother had died;  where the bullets had penetrated?  Just in cases like this, it's usual that there would be an inquest in a death like this here.

MAMOKONYANA M THABANA: They said there was an inquest, but the police defended himself by saying that he shot him, because he was a "springbok".

RUSSELL ALLY: Sorry, what does that mean?  What do you mean by that?

MAMOKONYANA M THABANA: That means he was running very fast.  We don't know, we are not so sure whether it meant 'running very fast' or 'jumping'.

RUSSELL ALLY: And where was your brother shot?  Do you know that?

MAMOKONYANA M THABANA: It's not so clear, but the whole body had so many bullet wounds.

RUSSELL ALLY: And before this incident, had your brother been taken in by the police for questioning;  had he been detained or visited by the police?  Was there any inter-action between him and the police?

MAMOKONYANA M THABANA: They've been frequenting my home, but they could not get hold of him.

RUSSELL ALLY: So they were looking for him?

MAMOKONYANA M THABANA: Yes.

RUSSELL ALLY: Thank you.

CHAIRPERSON: Mrs Sooka.

YASMINE SOOKA: Mrs Thabana, at the inquest, could you tell whether your brother;  was he shot with buck-shot or was he shot with real bullets?

MAMOKONYANA M THABANA: That's difficult to tell.  The only thing we were told is that he was shot.

YASMINE SOOKA: And we noticed from the correspondence you've given us;  that your family did in fact instruct lawyers to act for you.  Did your lawyer attend the inquest for, on behalf of the family?

MAMOKONYANA M THABANA: Yes.

YASMINE SOOKA: Was it Mr Moshede or Mr Kunene who attended?

MAMOKONYANA M THABANA: Only Mr Moshede.

YASMINE SOOKA: The other question that I want to ask is how many other people were shot on that day at the school?

MAMOKONYANA M THABANA: Only two.

YASMINE SOOKA: And you mentioned in your evidence that your, that Theo was suspended from school in Springs.  Why was he suspended from school there?  Was it also for political activity?

MAMOKONYANA M THABANA: No, he was not suspended, but schools were no longer operating in Springs.

YASMINE SOOKA: You also talked about the fact that the students were rioting because of Afrikaans.  Was schools, the medium of instruction at that time, in 1985, still Afrikaans in schools?

MAMOKONYANA M THABANA: Yes.

YASMINE SOOKA: (indistinct)

MAMOKONYANA M THABANA: No, it's difficult to tell.  I was not attending school during that time.

YASMINE SOOKA: Can you also tell me what happened to the other youngster who were shot;  did he die in this incident?

MAMOKONYANA M THABANA: It was a girl that had visited Middelburg and that one was not a student.  She was shot from home and that home was nearer to the school.  That child was one of the bystanders that were looking at what was happening.
 After, on seeing that she was dead, the police took her and my younger brother, took them into the police van.  They took them.  Actually they were driving around.  I was told by the sister of one of those who died.  Taking the, driving with them around, trying to maintain order in the township until they arrived at the police station with those two dead bodies. 
 On their arrival at the police station, they opened the case about the one who was still alive, but they were not arrested.  They were just warned about it.  Thereafter the case was closed.  Nothing was done about it.