Human Rights Violation Hearings — Duncan Village — 1996-09-23

UNKNOWN: Yes, I did.  I went to Mr Lala and Mr Lala told me that Malan is not accepting my case.  He said that I wasn't shot by the soldiers.  I went to Leon Kemp, even there Mr Kemp asked me who shot me and I took my trousers to him, explaining that I was shot by the soldiers.
 Kemp also told me that he took my trousers, I took my trousers to one man to short my trousers and I was lying that I was shot by the soldiers.  So he couldn't take my case, because he said I was lying.  Mr Kemp, the lawyer said that he couldn't accept my case.

MR SANDI: Which company is he in?

UNKNOWN: I can't remember clearly.

MR SANDI: Did you go to any other attorneys?

UNKNOWN: Yes, I did and I met Viangewe, one of the comrades and I told him what happened to me.  He took me to
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Coopers Partnership and Mr Bell accepted my case.

MR SANDI: What happened with your case with Mr Bell?

UNKNOWN: He arranged for me to go to court.  Adv Cole from Grahamstown was there.

MR SANDI: Which court was that one?

UNKNOWN: It was a Supreme court here in East London.

MR SANDI: What was the outcome of the court in your case?

UNKNOWN: The Government was found guilty and they had to pay me.  The Magistrate said that the Government should pay me R245 000-00.

MR SANDI: Did you receive that money Mr Ndarana?

UNKNOWN: Yes, but Mr Bell told me that my case gave me R240 000-00 and then I told them that it is supposed to be R245 000-00 and he said that I was lying.  I had to accept the R240 000-00 and he said to me he will take R10 000-00 from this sum of money.

MR SANDI: How much did you get?

UNKNOWN: From that R240 000-00 he gave me R210 000-00.

MR SANDI: Would you like us to contact Mr Bell considering this matter?

UNKNOWN: Yes, I would like you to do so.

MR SANDI: Do you have any other requests Mr Ndarana in front of this Commission?

UNKNOWN: Firstly what I would like the Commission to do I want the Commission to identify the soldier who shot me, I want to know who shot me.  Because in court only the Captain came and I told the court that this was not the man who shot me.
 They just said the Captain represented the soldiers.  Secondly I have children who are still at school.  They are with my girlfriends.  One of them is in Fort Hare 
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University, he is a boy.  
 The other one has failed matric last year and he is repeating matric this year and others are just living by themselves.
 If the Commission would help me with these two children, the one in  Fort Hare and the one repeating standard 10, because I cannot support them, I can't give them money to continue their education.

MR SANDI: Is that all you want to say Mr Ndarana?

UNKNOWN: Thirdly, Mr Chairman, I would like the Commission to help me with the artificial leg.  I want to have an aluminium artificial leg because the one I have, it doesn't fit me any more.  That's why I'm walking with crutches.

MR SANDI: Thank you Mr Ndarana.  I would give this opportunity to the Chairman.  Thank you.

BONGANI FINCA: Any questions?  June Crichton?

JUNE CRICHTON: Can you hear me?  Can you hear me?  Just one question, have you applied for a disability grant?

UNKNOWN: Yes, I have.

JUNE CRICHTON: And you are receiving it?

UNKNOWN: Yes.

JUNE CRICHTON: Thank you.

BONGANI FINCA: Revd Xundu?

REV XUNDU: Mr Chairman I would like to ask one question.  You said that you lost R50 000-00.  Where were you working?

UNKNOWN: I was working Plaskem Rubber Products before I was shot.

REV XUNDU: Did you go back to work after you were shot?  Were you fired at work?

UNKNOWN: No, they called me when I came back from the
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hospital but I told them that I couldn't do the work because I was injured.
 I didn't have money at that time, I only worked there for 6 months.

REV XUNDU: Thank you, Mr Chairman.

BONGANI FINCA: Mr Ndarana, you say that you talked with the soldier who shot you.  Do you know the soldier's name?

UNKNOWN: No, I don't.

BONGANI FINCA: Was there any parade so that you can identify the soldier?

UNKNOWN: No, but what happened is that this special branch lot came to me and the camera men and they brought a soldier but it was not the one who shot me.  They just took pictures.  Lot came to me.

BONGANI FINCA: Was he an Investigating Officer?

UNKNOWN: Yes, he was.

BONGANI FINCA: While you were in court, the soldier was not there, you only saw the Captain?

UNKNOWN: Yes.

BONGANI FINCA: Do you know the Captain's name?

UNKNOWN: No, I don't remember.  I don't remember the Captain's name.

BONGANI FINCA: But you say it is the Captain who was in charge?

UNKNOWN: Yes, Mr Bell told me that the Captain was in charge at that time.

BONGANI FINCA: Mr Bell will have the name of this Captain, is that so?

UNKNOWN: Yes, he will have it.

BONGANI FINCA: This matter was talked in East London Supreme court, do you know the Judge?
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UNKNOWN: No, I don't know the Judge's name, but I can recognize him if I could see him.

BONGANI FINCA: We would like to thank both of you Thembisa Bewula and Wellington Ndarana.  We would like to thank you for coming here to bring your evidence in front of this Commission.
 Your evidence Mr Ndarana, it will help us to investigate the identity of the people who were involved in this massacre.
 I think there are some things we have to follow.  Our investigation unit have to follow, the lawyer who was handling your case and we have to identify this Captain so that the Captain can tell us all the soldiers it was leading at that time.
 Your testimony helped us a great deal, because we can reach the perpetrators.  We wasted our time listening to people who are giving testimonies and the Commission last week said that we should go and contact the perpetrators and brought them forward, and your testimony helped us a lot because we could go to the people you mentioned and in that way we will try to find out the truth.
 Thank you.  We would now break for an hour and we will come back at two o'clock.