Human Rights Violation Hearings — Port Shepstone — 1996-08-13

DR MAGWAZA: When they said there were some Qabane members wanting you what made you alert that they were lying?

WITNESS:   I knew.  I could tell because there were people who were sleeping at - the Qabane members were sleeping in some bushes away from home, being scared, so I suspected.  Just when I was trying to stand up to peep, and I just heard some voice suddenly, my brother who was the one, saying, "No, it's not the one.  And then the other one said, "We have already assaulted that one.  What should we do?"  I did not know what went on from there, you know, because there was some shooting, heavy gunshots, and I was hit on - shot on my head and I was shot also in my body, and I was unconscious, and recovered consciousness -and recovered my conscious in the hospital.  When I tried to remember what happened I cannot recall exactly what happened since I got unconscious.

DR MAGWAZA: Now, about your brother, were you the only one who got hurt?  What happened to others like your brother?

WITNESS:   No, the one who said, "No, he is not the one we are looking for."

DR MAGWAZA: Who got hurt besides you?  That's my question.

WITNESS:  No, there is no any other person who got hurt.  One died and I got shot.

DR MAGWAZA: Your brother died on that day?

WITNESS:   Yes, he died in the hospital, because he got shot on his stomach and the intestines burst open. You are talking about Makhotavane Cele here?  Which organisation was this guy from?   ---   Well, as we were drinking and hanging together he was a guy who was just living his own life.  I don't think he could have been the one who will betray me.

DR MAGWAZA: According to you in your own opinion you think he is the one who called people to come shoot you?

WITNESS:   Yes, now I begin to think so, because when - after those people left - after I had left my bedroom to the other one where I was going to peep I heard his voice.  They were asking him, "Why were you joking, playing around with us?"  He said, "No, he is inside.  He is inside, because I left him.  I know we were drinking together, he must be in.  He is lying.  And I confirmed that he was in there."

DR MAGWAZA: Out of the people who attacked you are there any that you can recall, probably that you remember?

WITNESS:   From amongst them, among the attackers?  No.  Because others - because we used to also sleep in the bush.  He told me that it was Nkupugeni who was coming to shoot me, and I was wondering how he knew.  He said, "No, I am always with them.  We do these things together."  So he never told me exactly where he got that story from.

DR MAGWAZA: You know, I want to ask you so many questions, because your voice is so low I can't hear some other things that you are saying.  He told you that there were some others that he knew?

WITNESS:   No, he only said it's Nkupugeni.

DR MAGWAZA: He told you the name?

WITNESS:   Yes.

DR MAGWAZA: You left the hospital, you were discharged from the hospital, and what happened after you were discharged?

WITNESS:   You know I won't remember exactly what happened after I was discharged from the hospital because I - somehow mentally I could not think right at that time, and there was no way also of going back to the hospital for treatment.  Like even now I still have bullets in my head that haven't been extracted.

DR MAGWAZA: Let's go back.  You said you've seen Xelisa, who had with him an assegai.

WITNESS:   Yes, I did see him.  I saw him because it was bright outside and they had torches, and where we were - you know, when I was trying to go outside, you know, confused, and my girlfriend said, "Don't go out, because outside there are many people.  There are police having guns."

DR MAGWAZA: Xelisa, tell us about Xelisa.  Where is Xelisa?

WITNESS:   Yes, he is the one who's still alive.

DR MAGWAZA: Do you know his whereabouts?

WITNESS:   Yes, although I don't know his house, but I know he is in ... (inaudible)

DR MAGWAZA: Maybe you will give us more details inasfar as this subject is concerned afterwards.  Let's go back now to your being attacked the second time.

WITNESS:   I was attacked at home.  You see, with the second attack, although I don't remember very well even now.  I get confused at times.  I am in such a state that I lose memory, I can't recall properly events that happened in the past.  I take lots of treatment, lots of tablets, and at times - often times I have to take rests and sleep.  I have this severe headache, and I don't know - I cannot say whether it's because of the bullets that are in my head.  It looks like the bullets are so much close to my brain.

DR MAGWAZA: It's clear that that was such a torture, your being shot at the head definitely has traumatised you a big deal.  But would you remember with the second attack where did they attack you and how?

WITNESS:   I won't remember, because yesterday I tried.  You know, yesterday I was disturbed.  The bullets disturbed me in my head, I could not - I was not feeling well, and I took some tablets.  Even now my eyes feel bad, and I just don't feel well and I just don't feel good.

DR MAGWAZA: I hear you, Sibusiso, and I think I should not bother you with many questions that you definitely won't be able to answer my questions because of your state.  But what I have already gathered from your statement is that the way you were attacked you were just a healthy man, a young, good man - young enough, and ambitious, so much ambitious, but after you've been attacked you became hopeless and also close to useless.  When I look at the things that harassed your life and tortured your life - you say now you have fits?

WITNESS:   Yes.  I feel numb at times, and especially where I got shot, in that area, and at times I will feel that there are veins which got disturbed so much and cannot function properly.  I get that feeling often times.  And at times when I try to turn my head I will feel my neck so much in pain.  Again this attacked min the hospital.  That's when I discovered and realised that, you know, I am not longer the man I used to be.  Things have changed, my life has changed.

DR MAGWAZA: When I go back now to your life, your health, you can see properly now?

WITNESS:   Yes, I can see properly.

DR MAGWAZA: You get those pains from the neck?

WITNESS:   Yes, when I try to turn, turn my head, I can feel my neck, that pain in my neck.

DR MAGWAZA: You get that pain, severe pain?

WITNESS:   Yes. You also say you cannot talk properly?   ---   Yes, at times, you know, when I try to talk I don't know suddenly what has happened.  Suddenly the voice fails me and I will be speaking so low, like I am going right now, going on and on right now, and I wouldn't know what the cause of that is.

DR MAGWAZA: You lose memory?

WITNESS:   Yes, I can talk to you right now, but a few minutes later I have forgotten what I have said to you.

DR MAGWAZA: Also you say you get confused, you get mentally disturbed?

WITNESS:   Yes, especially when it's hot.  Especially when it's hot I get more confused.

DR MAGWAZA: Of all the things that have happened, you have lost also your brother.

WITNESS:   Yes.

DR MAGWAZA: Today you are an orphan without parents.

WITNESS:   Yes, I am an orphan today.

DR MAGWAZA: What I am saying to you, Sibusiso, today is that as we are here as the Truth Commission we do see the pathetic situation that you are in.  We will try all we can to see how we can help you, to appease you.  We will forward all what we have gathered here to the State President, and of the things that we think we could do them immediately now, without even waiting to forward them to the President, maybe things that regard your life, your health, your state of health and how you go on with life as a pensioner, we will see how to help you.  I thank you very much, Sibusiso.  I will give over to the chairperson.