Human Rights Violation Hearings — Benoni — 1997-02-05

RUSSELL ALLY: Thank you very much Samson.   I am going to be very brief, because as was said to the previous witness there was the court inquest and there an attempt has been made to follow up on this through the office of Mr Mufamadi.
 I just want to ask, have you ever made an official statement to the police or to the lawyers of what you have just explained now, this scene at the place where the shooting actually took place, when the police video "cameraed" what was going on.  They actually placed weapons at the side of people who had been shot.  Have you made an official statement of that to anybody, besides this statement to the Commission?

MR XAKEKA: Yes, I did at the time we went to court.   That time we were at the Johannesburg Court I did say that and even when I submitted my statement to the TRC I mentioned that.   I mentioned it several times.

RUSSELL ALLY: And are you one of the claimants who is being represented by the lawyers, by Cheetle Thompson and Hazen?  They are representing a number of claimants, 12 people who were killed and 30 who were injured.   Are you on that
list?  Are you aware of this, a civil claim?

MR XAKEKA: Yes, I am one of them.

RUSSELL ALLY: And did you give evidence at the inquest as well?  Were you called upon?

MR XAKEKA: Yes I was called upon.

RUSSELL ALLY: Thank you.  That is all.

MR LEWIN: Thanks Russell.  Any other questions?  Fazel?

MS SEROKE: When you were arrested upon your discharge from hospital, while you were in custody, did you ever receive any medical attention?

MR XAKEKA: While I was in custody I did receive medical attention because I was taken by the police back to BBH Hospital.  Upon my discharge I never received any further medical attention and I still have not received anything.
 I still suffer from pains from time to time.   There are days when I am in intense pain but I have never consulted with a doctor.

MS SEROKE: Would you still like to consult a doctor?  Is there any reason why you have not consulted?

MR XAKEKA: I would appreciate being granted the opportunity to receive medical attention, but what disturbs me is that I am unemployed and when I have to undergo medical examinations for a job I fail medical examinations, because of my ill health.

MS SEROKE: I trust that you have heard that we, as the TRC, are unable to give people money to go to the doctors, but we are going to submit a report to the Government, but we will try and assist you by putting you in contact with our assistants and see if they can do anything to bring you in contact with doctors, either at hospitals or at clinics.

MR LEWIN: Thank you and just to add to that:  Samson the story you have told us is an amazing one because it is almost as though you came back from the dead.  You were thrown in with the corpses while you were still alive and you have come back from that experience and I would like to commend you for the way in which you have come forward to tell us this story.  And of your suffering.
 You suffered as you say, for nothing.  You were charged also for nothing and you have come to tell your story.   
 We will certainly follow it through as far as we can and let you know as much as possible, but we would like to thank you very much for coming and commend you for doing that. Thank you.

MR XAKEKA: Thank you.