Human Rights Violation Hearings — Bloemfontein — UNKNOWN

WITNESS: I went on the same day that he was arrested.We went to check as to where he was. We went to many police stations then wedidn't get him. We took three months searching for him without getting any clueas to where he was. I think we didn't understand each other, that is the personI gave the statement to, because he was speaking another language and I wasspeaking another language, so there was some misunderstanding.

MR LAX: (Inaudible) ... total he was detained for six months, is thatwhat you're telling us?

WITNESS: Yes, it was six months.

MR LAX: Thank you, Chairperson.

DR MAGWAZA: I have one more comment, Mrs Bosch, as Ihave said earlier that we don't want to forget the family and the children.You talked about the fact that your brother had two children. How old are they?--- The other one is eight years old, the other one is 14 years old.

DR MAGWAZA: From your observation were they in any way affected by whathappened to their father, towards their father?

WITNESS: They have been badly affected,because the boy is staying with his mother. My mother is 80 years old, and thelittle boy is the only one who can be helping my mother because he is 14 yearsold. He has even been affected as far as his education is concerned. He was supposedto have been in standard six or seven by now, but he's only in standard four.I would have desired to take him to psychiatrists so that he can undergo sometests. I could see that he was badly affected. At his age there's some deficiencythat we notice. Other children who are the same age as him are in higher standards,whereas he's still in a lower standard.

DR MAGWAZA: Thank you very much. We'll take that one into consideration.Thanks.

WITNESS: Even the younger one is affected. She has got the same problem asher brother. She behaves basically in the same manner. She's also behind withher schooling. She has been mentally affected. Bafane was always having theseepileptic fit attacks until such time that he got divorced from his wife. Shefelt that she couldn't take it any more.

DR MAGWAZA: I thank you.

MR LYSTER: Mrs Bosch, like many other people your familyhas suffered tragically at the hands of people who were there to - who shouldhave been there to protect and support you, the police. Although with the changein our political situation in this country the police are now playing a constructiveand positive role in most parts of our country, it will still take many yearsfor some people to see them as our protectors, rather than our persecutors.There seems to be no doubt that they have destroyed your brother's life, andthis in turn has placed a heavy burden on you and your family.
We have noted your requests for assistance and compensation.As you will know by now the Commission cannot order compensation to be paid to people, but, havinglistened to the situation that your brother and his children are in, we willcertainly take those recommendations to the State President on your behalf.I am sure your brother must be glad and proud that you are able to come hereand speak on his behalf today. 
Thank you very much for coming in, and we wish you well. Thankyou.

MR LYSTER: Thank you for coming in today, Mrs Phole.Can you hear me? You've put the earphones on, and you can hear me well enough?Thank you very much. You have come today from Botshabelo township to tell usthe story of how you were shot by the police in February 1990 in Bloemfontein.Before you give your evidence can you stand up please and take the oath?

MALEFU MIRIAM PHOLE: (Sworn, States)

MR LYSTER: I will be assisting you today with your evidence.Can you just tell us briefly where do you live?

WITNESS: I stay in Botshabelo inthe F Section.

MR LYSTER: (Inaudible) ... something about your personal circumstances.Are you working, are you married, do you have children?

WITNESS: I stay in Botshabeloin Section F5. I have got two brothers. I have one child and I am married. Athome we are five. There are three boys and two girls. I have one child. I ammarried.

MR LYSTER: Thank you, Mrs Phole. Will you tell us now what happened toyou on 15 February 1990. Tell us briefly what you were doing at the time andwhat happened to you on that day, what were you engaged in on that day. ---At that time I wasn't working, I was still attending school. We were comingfrom Bloemfontein Court. Botshabelo was still under Qwaqwa. It was the day thatthey were staging a coup against Mopeli. When we got to the cross between Botshabeloand Bloemfontein there were police. They were administering tear gas to disperseus, and we ran away. As we were still running away we saw a Casspir coming andwe saw some shots coming from the Casspir. I ran into another house. As I wasrunning into that house I was shot. Thereafter they took us to the A Section at the hospital.The police were at the hospital and they were busy arresting people who hadbeen shot. They left me there. I was shot at the K Section in Botshabelo, becausewhen we came back they were already shooting. Then we tried to run for cover.

MR LYSTER: And where on your body were you shot?

WITNESS: They shot me in theeye.

MR LYSTER: And we can see that you have lost your eye as a result of thatshooting, is that right?

WITNESS: Yes, it is true, I lost my eye.

MR LYSTER: Now, on that day were you - can you just explain was therea march? Were you taking part in a march? I think you said that in your statement.Is that right?

WITNESS: Yes, I was present.

MR LYSTER: Who was marching? What organisation was that?

WITNESS: It was theANC organisation.

MR LYSTER: And had you planned a march from Botshabelo to - where wereyou going?

WITNESS: We were heading for Bloemfontein.

MR LYSTER: And the purpose of the march, if you recall that?

WITNESS: We werestaging a coup against Mopeli and we were heading for the court.

MR LYSTER: Now, I think you have given us details of your medical documents.You were admitted at Philonomi Hospital, is that right?

WITNESS: Yes.

MR LYSTER: Was there any court case of any sort which followed this shooting?--- No, we never went to the police, because whenever you tried to open up acase against the police you would be arrested.

MR LYSTER: (Inaudible) ... people, if you can remember, were injured in the same incident, injured on that day?

WITNESS: Therewere many people, but I was taken with another girl.

MR LYSTER: (Inaudible) ... recall the people who shot at you? Were theypolicemen, were they soldiers, were they from the Defence Force? Who were they?--- It was policemen.

MR LYSTER: Which police were those?

WITNESS: I am not very sure of where thepolice came from.

MR LYSTER: (Inaudible) ... they were Bophutatswana Police or South AfricanPolice.

WITNESS: It was South African Police.

MR LYSTER: You said in your evidence a few minutes ago that you were goingto stage a coup. Were you in fact marching to Bloemfontein in protest? Whatwas the real purpose of the march?

WITNESS: Yes, we were against the incorporationof Botshabelo into Qwaqwa.

MR LYSTER: Was that the purpose of the march, that you were protestingagainst Botshabelo township being incorporated into the Qwaqwa homeland? ---Yes, that's true.

MR LYSTER: I am going to give my fellow Commissioners and Committee Membersan opportunity to ask some questions if they'd like to.

MR LYSTER: In your statement you are asking the TRC to investigate this,and also to compensate you. What type of compensation are you thinking of? ---I am not able to work. I went to look for work, then they told me that I couldn'twork because I couldn't see with both my eyes.

MR LYSTER: There are these days these things which are called artificialeyes. You never thought about that when you were thinking about the compensation?--- My father once took me and he showed the papers to his bosses to try and get me some work, but they lost those papers.