Human Rights Violation Hearings — East London — 1997-06-09

MR SANDI: If you have any further requests Ma'am, you can speak after the other witnesses have spoken.

MR SANDI: Miss Xofa?  Miss Xofa, according to your statement the incident that you are here for is very similar to the previous witness.  The difference is that you are going to talk about yourself.  Could you please tell us what happened when you were shot?

UNKNOWN: I usually woke up at four o'clock in the morning and caught the first train.  As we were going to the train that particular morning, the police said that we should go and board the bus instead.  When were going back, I saw that there was a lot of people standing around looking towards us and there was a lot of noise.  It was a bit dark because it was winter.  We heard someone blowing a whistle, then the shooting started.  I tried to go back and as I was walking back, my leg started to burn and I was sure it was bullet.  There were men standing around and they helped me home.  When I got home, my husband took me to hospital.  I was ill-treated at the hospital.  There was an Indian doctor who was treating me and there was a bullet that was on the surface and it was burning me.  This man just pushed the bullet back into me.
 The following day I had to go into theatre to be operated on. I thought I was going to die in theatre as I had been ill-treated the previous day.  They could not remove the bullet so they left it in my body.  Workers organized money for me to be transported to Cape Town for a further examination.  Even in the Cape Town hospital I was told that the bullet could not be removed.

MR SANDI: Were you not treated after that?

UNKNOWN: I was discharged from the hospital and I didn't go for further treatment.

MR SANDI: You say you had a baby when this happened.  How old was the baby?

UNKNOWN: I was still breast-feeding at the time?

MR SANDI: How many months?

MS XOF: A:   My baby was three months old.

MR SANDI: Who was looking after your baby when you were going in and out of hospitals?

UNKNOWN: My mother was there to help.

MR SANDI: Did you go to any attorneys?

UNKNOWN: We were told by SAWU that there were doctors at the City Hall.  We went and gave statements and then we went to Pringle Bax Partnership.  They would call us in now and again and it was clear that the case was not proceeding or going anywhere.  Then I got a letter from Clarke saying that I have to pay in some money.  I realized that I could not pay this money off  because I was not working and nor was my husband.  After a few months I was arrested and detained for a week.  I was then released on a bail of One Thousand, Three Hundred Rand which was paid by my younger sister.

MR SANDI: Why were you arrested?

UNKNOWN: I was arrested because I laid charges against the police.

MR SANDI: How were you released?

UNKNOWN: I was released on bail.

MR SANDI: You stayed in for five days?

UNKNOWN: Yes.

MR SANDI: So you were out on bail for One Thousand Three Hundred Rand?

UNKNOWN: Yes.

MR SANDI: And your sister paid for you?

UNKNOWN: Yes.

MR SANDI: Do you not think it an enigma that somebody was shot going to work in a train, gets shot and when this same person, who was the victim of the shooting opens a case with the legal representatives has to pay.

UNKNOWN: Yes, it is an enigma.

MR SANDI: Is that all the evidence that you have, Miss Xofa?  Do you have any requests in connection with this incident?

UNKNOWN: What I wish to for is that the perpetrators come forward because we were being shot because the bus fare was increased by five cents.

MR SANDI: Do you still undergo treatment?

UNKNOWN: No.  When my leg starts aching, I just take tablets.

MR SANDI: Thank you, Miss Xofa.  If you have forgotten anything from your statement, maybe you can speak later.

MR SANDI: Mr Mhlanga?  Mr Mhlanga, on this particular day you were also shot.

UNKNOWN: Yes, I'm one of the victims who was shot on the third of August 1983.

MR SANDI: Please tell us, Mr Mhlanga, what happened to you at the time of this incident.

UNKNOWN: As a person who was using a half past four train, I would be on the platform at about a quarter past four.  On this particular day when I came from the N.U.11 I heard an unusual noise.  When I was on my way on a tarred road near the N.U.9 facing AGT, I met people who were going to the train and I heard that there was a rumour that the police are trying to stop us.  I didn't know these people's names but they were people who used to go the train at the same time as myself.  There was no bridge near the station at the time and we would go to the other side by foot as we were going to board a train to East London.   When I looked towards the station, there were cars in front of us and we could hear that there were gun shots being fired everywhere.  There was a fence near the station and because we told ourselves, even though there were gunshots, we better go and get shot near the station.  There were no lights at that time, it was dark.  I thought that there was someone next to me but when we got to the station and waited for the train, someone told me that I'm wet and when he tried to look at the place, I saw blood.  I think we were six men at the time.  We then felt that there was something inside our bodies.  I was shot in my left arm but fortunately, the bullet penetrated between the muscle and the bone.  This did not affect my bones but it affected my muscles.  The other one was shot in the thigh and the other one in the leg.
 We were then taken and an ambulance was called to take us to the hospital.  The railway soldiers came and they were the ones who called the ambulance from East London.  As we were on the other side of the railway station, it was said, were in the land of the Republic of South Africa and those who were on the other side were said to be the Ciskeian people.  The soldiers from East London called an ambulance to take us to East London.  We were taken to the Frere hospital.  I stayed there for a week before being discharged.  
 I then went back to work.  The workers advised me to go to a lawyer in Highway, a Mr Sewisa to give a statement.

MR SANDI: Excuse me, Mr Mhlanga, before going to the case of the lawyer, for how long did you stay in hospital?

UNKNOWN: When I was discharged after that one week I was told to go back for an operation.  I then went back for an operation and I stayed in Frere hospital for four weeks.

MR SANDI: You went to meet with the lawyer in Highway?

UNKNOWN: Yes.  I went to Highway to meet with an attorney and gave my statement and then left.  After I was discharged from Frere hospital, I heard that we had to go and meet with the lawyers again.  When I got there, they told me that my lawyer was no longer there and they had no documents on my case.  I tried to investigate because they said that he was working with Mr Mark Rabe at that time but my name did not appear on the list of Mr Mark Rabe.  That was the end of my case with an attorney.  There was nothing more as didn't know who to consult because there were no documents or statements and my lawyer was not there.  I was told that documents were then given to Mr Mark Rabe but my name was not there.

MR SANDI: Mr Mhlanga, let me ask you again about your arm.  You said that your arm got injured and as a result of that you cannot do certain things with your arm.  Can you please elaborate on that?  What were the thing you used to do with your arm which you cannot do now because of the injury?

UNKNOWN: As a person who was working at a certain workshop, we had to lift heavy equipment but to-day I cannot lift any heavy equipment because of the injury.  I had to get help from someone else.  I used to love my job but because of this I could not do the same things.

MR SANDI: As a father at home, you cannot do certain jobs.  Can you cannot lift heavy furniture.