Amnesty Hearings — Vanderbijlpark — 1999-05-11

MACHIHLILE WILSON BALOYI: The occurrence during the day was the filling up of those holes by the tractor, the tractor was being escorted by the "koyoco".

MR STRYDOM: So this evidence you gave about teargas, you heard from someone else?

MACHIHLILE WILSON BALOYI: Some of these teargas canisters fell on my premises, I still have them to date, witness to this incident.

MR STRYDOM: Was that during the course of that day, prior to the attack that those canisters fell into your yard?

MACHIHLILE WILSON BALOYI: It was on the very same day.

MR STRYDOM: Did you see who threw these canisters into your yard?

MACHIHLILE WILSON BALOYI: They were shooting, not black people, it was whites, the white Police people and the comrades fled into our yards and they were being pursued by the Police.

MR STRYDOM: When was that during the course of that day, can you give a time?

MACHIHLILE WILSON BALOYI: It was in the afternoon, the tractor started filling up the holes around three or four and later on, these other vehicles came firing this teargas canisters.

MR STRYDOM: Who did they fire these canisters to?

MACHIHLILE WILSON BALOYI: They were firing at the comrades, getting them out of the way.

MR STRYDOM: And these comrades, where were they standing in relation to your house?

MACHIHLILE WILSON BALOYI: My house is the second from the point, I don't know how to measure.  Our houses are small, they don't have big yards and they would stand there and we would guard from our homesteads.

MR STRYDOM: Were they standing in front of your house?

MACHIHLILE WILSON BALOYI: Not in front of my house, but a little distance from my house.  I am referring to the fourth row of chairs, that is the distance where the furrow had been dug out.

CHAIRPERSON: Mr Berger, can you just give me the distance from that side to where, I think he is referring to the fourth row of chairs from where you are?

MACHIHLILE WILSON BALOYI: You see from the person who is wearing a white jersey, that lady there, and my next door neighbour's house would be on this other side and here you would be having the fence.

MR BERGER: Between 15 and 20 metres approximately.

CHAIRPERSON: Okay, did you say between 15 and 20 metres?

ADV SIGODI: 15 and 20 metres.

CHAIRPERSON: Yes.  Thank you Mr Berger.

MR STRYDOM: Thank you.  So these comrades were standing about 15 to 20 metres from your house when you saw the Police came and fired teargas canisters at them.

CHAIRPERSON: I thought you say 15 to 20 metres?

MR STRYDOM: Yes 15 to 20.

CHAIRPERSON: Oh, I thought you said 50?

MR STRYDOM: No, no, 15 to 20, is that right?

MACHIHLILE WILSON BALOYI: I am saying that is correct because when they fled, they jumped fences into my yard.

MR STRYDOM: And this happened at approximately if I remember correctly, half past four in the afternoon, is that what you said?

MACHIHLILE WILSON BALOYI: The tractor came to fill up the holes in the company of a "koyoco" and another one came thereafter, this is the one that was firing at the comrades.

MR STRYDOM: Was it still during day time?

MACHIHLILE WILSON BALOYI: Yes, around six o'clock.

MR STRYDOM: And then that tractor left which filled the holes and the "koyoco" left with the Police?

MACHIHLILE WILSON BALOYI: It vanished into other streets, I don't know where it went to.

MR STRYDOM: If the comrades wanted to regroup, they had ample time to regroup up to a stage before the attack?

MACHIHLILE WILSON BALOYI: They would come together and mill around fires and they would flee on seeing a "koyoco", they would flee into people's yards.

MR STRYDOM: And later they will regroup, isn't that so?

MACHIHLILE WILSON BALOYI: Yes, that is correct.  They were not stationed in one place, they were moving around.

MR STRYDOM: Tell me, this firing of canisters to the comrades, was that a thing that happened from time to time, was it a thing that used to happen to disperse them or did it only happen on that one day?

MACHIHLILE WILSON BALOYI: It was common place.

MR STRYDOM: And the filling of holes that were dug in the road, were they filled from time to time by the Police or other people?

MACHIHLILE WILSON BALOYI: It had never been filled up by other people before, it was filled up by the Police on that day.

MR STRYDOM: These comrades, did they use to build barricades or barriers in the road so that vehicles could not travel there?

MACHIHLILE WILSON BALOYI: That is exactly as you put it, we had also dug out trenches, not only the comrades.

MR STRYDOM: Those barriers were removed from time to time by the Police, is that correct?

MACHIHLILE WILSON BALOYI: That is correct.

MR STRYDOM: Mr Baloyi, what I want to know is how did you gather after you saw these things the Police did on that day, that they will be part of an attack later on during that day?

MACHIHLILE WILSON BALOYI: I do not get your question quite well.

MR STRYDOM: You testified that when you saw the "koyoco" outside your house, you realised that the attack is now about to start and then I asked you but how did you know that the Police would be involved in the attack and you said that earlier on, during the day, teargas was fired and holes in the roads were repaired, and therefore you could say that the Police would be part of the attack?  But in the light of what you have testified that it was not unusual that the Police would fire teargas, and it was not unusual for them to break down the barricades, on what basis can you say that the Police were involved, or that you expected that the Police were going to be involved?

MACHIHLILE WILSON BALOYI: I will put it this way maybe you will understand, I am saying we used to guard the area, like receiving a phone in my house.  A phone, a telephone call to the effect that Boipatong was going to be attacked and it dawned on me that this suspicion is indeed true, because of the deeds of the Police, the closing up of the trenches so that these "koyoco's" can move about.

CHAIRPERSON: Just listen to the question.  You see you have told us that in the past, barricades would be erected at the township, including digging the holes and that the Police would come and remove those barricades and from time to time, the Police would disperse the comrades, do you remember that?

MACHIHLILE WILSON BALOYI: Yes.

CHAIRPERSON: Now when you saw the "koyoco" later that evening, the one that stopped next to your house, you warned your family that the attack was about to start.  What Mr Strydom wants to find out is how did seeing the Police with the "koyoco" outside, indicate to you that Boipatong was about to be attacked?  Do you understand what I am saying?

MACHIHLILE WILSON BALOYI: Yes, I understand.  Earlier on I said on receiving the phone call, I was informed about the imminent attack and for all the while we did not know that we were going to be attacked by Inkatha, but on that day I heard.  Now on seeing these actions, that is what came to my mind that indeed, these people had come and the closing up of the trenches by the Police and the removal of the barricades, all of these things were such that things were different in their actions that day because they would shoot or fire at people with teargas canisters on sight.  As they were continuing closing up the trenches, we were looking, we were not asleep.

ADV SIGODI: Is it  your evidence that when you got the telephone call from the Priest, he said that possibly Boipatong or Bophelong would be attacked by residents of kwaMadala hostel?  Is that what you said or did you specify who was going to attack the township?

MACHIHLILE WILSON BALOYI: He was saying that there is one among the two townships that was going to be attacked.

ADV SIGODI: Did he say who was going to attack the township?

MACHIHLILE WILSON BALOYI: He said Inkatha was going to attack us.