Human Rights Violation Hearings — East London — 1997-06-11

CHAIRPERSON: Mandla Engalani.  Mxolisi Monakali.

REV XUNDU: Mxolisi Monakali, I would like to swear you in.  Please stand up.

MXOLISI ANTHONY MONAKALI: (Duly sworn in, states).

REV XUNDU: Thank you Mr Chairperson.  Properly sworn in.

CHAIRPERSON: You are welcome Mr Monakali.  Mr Sandi will lead you in evidence on behalf of the Commission.

ADV SANDI: Thank you Mr Chairperson.  Mr Monakali, you are going to talk about Mxolisi Anthony Monakali.  Is that so?

MXOLISI ANTHONY MONAKALI: Yes.

ADV SANDI: How are you related?

MXOLISI ANTHONY MONAKALI: That is myself.

ADV SANDI: What is your story?

MXOLISI ANTHONY MONAKALI: Can I proceed?

ADV SANDI: Yes.

MXOLISI ANTHONY MONAKALI: I was in a boxing tournament in 1981, fifth of June.  This boxing tournament was in David Mama High School, NU1.  That proceeded well.  On the morning of the sixth of June Mr Mlandu, that I know well from the neighbourhood, got into the school hall and reprimanded us for making noise.  He got, he beat up a girl quite badly.  Everybody was scared.  The tournament organisers begged him to let them be.  Apparently one of the clubs that was going to come was a visiting club and, therefore, they had to prepare well.   Mr Mlandu then left saying he is coming back.  He came back with a huge gun, got into the hall.  Some people jumped out of the windows, pulled open the door.  I was one of the people who were able to run away.  I ran away with a friend, Jonglizwe Sipoenzi.  We got to a friend's place where we were going to sleep.  However, it was locked.  We went back to David Mama, because it was lit and it was, quite a bit of noise.  We went back there.  As David Mama had two blocks I went to the one and he went to the other.  There were people surrounding a bakkie.  I think that bakkie was the transport used by the visiting boxers.  Not far from the hall door I heard a noise.  I ran away.  A second gunshot, I heard just, I got shot on my side and I fell down on a, the field in David Mama.

ADV SANDI: Mr Monakali, who was shooting?

MXOLISI ANTHONY MONAKALI: Mr Mlandu was shooting.

ADV SANDI: You got injured on your arm?

MXOLISI ANTHONY MONAKALI: Yes.

ADV SANDI: Is there any part, any other part of your anatomy that you got injured in?

MXOLISI ANTHONY MONAKALI: Yes, around my waist.  My kidneys were injured.  Especially the one that had to be removed.

ADV SANDI: Could you tell us how badly your arm was injured.

MXOLISI ANTHONY MONAKALI: I could see my muscles and bones.  There was an operation, grafting my skin from my, back of my thigh onto my arm.

ADV SANDI: How long did you stay in hospital?

MXOLISI ANTHONY MONAKALI: About two months.

ADV SANDI: Which hospital was this?

MXOLISI ANTHONY MONAKALI: Cecilia Makiwane.

ADV SANDI: You did not go to any other hospital?

MXOLISI ANTHONY MONAKALI: No, I just went to Dr van Niekerk with my mother to, for him to examine my arm.

ADV SANDI: Who was your legal representative?

MXOLISI ANTHONY MONAKALI: Mr Mxenge came with my mother at the hospital.

ADV SANDI: Is this the late Mr Mxenge?

MXOLISI ANTHONY MONAKALI: Yes.

ADV SANDI: He took down your details?

MXOLISI ANTHONY MONAKALI: Yes, he did.

ADV SANDI: What eventually happened?

MXOLISI ANTHONY MONAKALI: Because he worked in Durban he referred us to Mr Siwisa.  When we were called to come on the Saturday to meet Mr Siwisa he told us that Mr Mxenge had passed on.

ADV SANDI: You said that Mr Louw took over at some point.  Where is Mr Louw from?

MXOLISI ANTHONY MONAKALI: It is Dr van Niekerk whom we had spoken to that referred us to Mr Louw.  I gave Mr Louw my file from the hospital and he took a statement.

ADV SANDI: Is he an attorney from East London?

MXOLISI ANTHONY MONAKALI: Yes.

ADV SANDI: Is he still around?

MXOLISI ANTHONY MONAKALI: I do not know.  I will look around, I have tried to look around, but I have not found him.

ADV SANDI: Did Mr Louw help you through your claim?

MXOLISI ANTHONY MONAKALI: When we went with my mother we did not find him.  He was, he had moved from that building.  We tried to find him, because the then occupant of the building did not know this Mr Louw.

ADV SANDI: Are you saying that he disappeared?

MXOLISI ANTHONY MONAKALI: Yes, he did.  He did not even let us know anything, I mean, he had all our details including our addresses.

ADV SANDI: Did Mr Louw work with any other attorneys?

MXOLISI ANTHONY MONAKALI: I only met with him once when Dr van Niekerk had arranged it.  I tried to find Mr van, Dr van Niekerk, but he had moved to Great Britain.

ADV SANDI: In our statements, in your statement before us you have requests.  Could you briefly tell us about these?

MXOLISI ANTHONY MONAKALI: If I could help, if I could get help where my health is concerned.  I hurt now and again physically and losing a part of my body at such a young age.

ADV SANDI: You say that you were 15 when all this happened?

MXOLISI ANTHONY MONAKALI: Yes, I was 15.

ADV SANDI: Is that all?

MXOLISI ANTHONY MONAKALI: Yes.

ADV SANDI: Thank you Mr Monakali.  Thank you Mr Chairperson.

CHAIRPERSON: June Crichton.

JUNE CRICHTON: Thank you Mr Chairperson.  Can you hear me Mr Monakali?

MXOLISI ANTHONY MONAKALI: Yes.

JUNE CRICHTON: Just two questions to you.  When Mlandu came in to shoot, was he on his own or were there other police with him?

MXOLISI ANTHONY MONAKALI: He was on his own.

JUNE CRICHTON: Had he ever been at boxing tournaments before, that you had seen?

MXOLISI ANTHONY MONAKALI: It was not the first time there was a boxing tournament at David Mama.

JUNE CRICHTON: No, my question to you was had you seen him at boxing tournaments before?

MXOLISI ANTHONY MONAKALI: No Mam.

JUNE CRICHTON: So your statement is that he came into that hall and without any warning he began to shoot?

MXOLISI ANTHONY MONAKALI: He did not shoot the first time, because he was not armed.  Then we dispersed.  I also left.  He only started shooting after we had come back again.

JUNE CRICHTON: Thank you very much.

CHAIRPERSON: Mr Monakali, were you a member of a political organisation at that time?

MXOLISI ANTHONY MONAKALI: No, I was a boxer at the time.

CHAIRPERSON: Was there political unrest at the time?

MXOLISI ANTHONY MONAKALI: It was just a boxing tournament at the school.

CHAIRPERSON: According to your statement you were shot at because you were making a noise.

MXOLISI ANTHONY MONAKALI: The tournament was around senior boxers final matches, therefore people were excited.  There was a lot of noise.

CHAIRPERSON: Were the people toy-toying?

MXOLISI ANTHONY MONAKALI: No, there was no toy-toy.  It was just experienced first class boxers that were, that was exciting the people.

CHAIRPERSON: In your perception do you think this matter is politically orientated?

MXOLISI ANTHONY MONAKALI: It was wickedness.  I, there, I would see no reason why he shot.  He said that he did not want any boxing tournaments at schools, because the Department of Education in Ciskei was concerned that the school furniture was being spoilt.  That, those are one of the major reasons that he brought forward.

CHAIRPERSON: Thank you.  We will look at this case closely.  Maybe we will come back to you with more detail, because as a Commission, we are looking closely at political conflicts.  We are going to ascertain how politically orientated your matter is or perhaps we should hand this case over to a Court of Law as just any other normal crime.  However, we will look closely at this matter and we will let you know. Thank you for now.