Human Rights Violation Hearings — Beaufort West — 1996-08-12

MARY BURTON: We welcome you and thank you for coming today, this is your daughter with you, is that right?

MS MBALO: That is my daughter, that's correct.

MARY BURTON: Is she going to speak today too or only you?

MS MBALO: I am going to give evidence, she is just here to give me moral support.

MARY BURTON: Thank you very much, will you please stand then to take the oath.
KATY MBALO Duly sworn states

MARY BURTON: Ms Mbalo, you have come to tell us about what happened to Witness Nono Kellem, who was your brother's son but he was like your own child  because he lived with you. Is that right?

MS MBALO: That's correct.

MARY BURTON: Please tell us what happened on that morning in August, in 1992.

MS MBALO: That morning there was a march to town.  People were going  to town and I was at home with all my children and Witness as well.   We sat there and later that day  we saw people  running and policemen started shooting tear gas in the location and they shot terribly in my yard  as well.
They shot my neighbour's window broken. But we were in the house.  I told the children that we should rather stay in the house.  And the whole place  smelt of tear gas. We sat there the whole morning  and in the afternoon things had quieted down some what and I actually  asked my daughter that   they should go to the Coloured area with her little one and rather go and sit there because the tear gas was unbearable.  They went to Rustdene and I remained sitting there.
Later that afternoon, at approximately - from approximately 2 o'clock onwards, it was quiet .  My son asked me  Mum can I please go and phone granny in Worcester, just to hear if  there where any incidents of violence there as well.
And I gave him R2-00 to go and phone and he left.  It was approximately  half past two -  I'm not to sure about the time,  but it was after two - when I went outside.  I saw a woman coming running towards me and it was Ms Lourens.  And she said to me  Ma'am, your child has been shot by policemen in town.
I then ran to my neighbour and asked if  he could please take me by car so that we could go and see what happened.   My neighbour then took me and this woman had said that he was lying at the park  and the policemen were there and she had run to come and tell me.  We went to the first park and didn't see anything.  And then we drove up to the second park and didn't see anyone.
Then we went to the garage and when we go to the garage and we saw the workers there standing around and they said to me   Ma'am, drive up to the hospital because they've taken him there in the ambulance.
I then went to the hospital and when I got there, I asked if my son was there and the nurses said to me  He is inside, the doctors are apparently  busy with him. You may not see him now.  And I was told to wait  and as soon as I could, I would be able to see him.  They would call me in.  I then stood there, and I stood and stood - my neighbour and I.
At approximately - after an half an hour they said I could go in and I went in and he was laying on a stretcher.  I called out to him  Nono, but he didn't reply.  I then called out to him again and he didn't reply.  He lay just dead still on the stretcher.  And the doctors said to me that they where going to rush him to Cape Town to see what else they could do for him.  And they told me that I could go home, that they would rush to see if anything could be done for him,  I then went home.
And I sat.   At approximately 6 o'clock people started coming to my house - coming to - some of them were friends, and wanting to know where Witness was.  I then told them  No  Witness has been taken to Cape Town because they told me that were going to rush him to Cape Town to see if they could do anything for him, to heal him.
The children were then called in and I was told  Ma'am, we come from the police station to try and establish what Witness had done, but when we got - when we were sitting at the Police Station the Lieutenant   told us that the people have come back.  He has passed away.
And I sat there.  The friends and family  and the priest came to our house to make some prayers and the following day I asked the people if we could please go up to the Police Station to ask who shot at my child.  And perhaps if I spoke to him, I would feel a bit better.
I went and the Lieutenant  told me that he was at Rustdene  Police Station and that he would make an appointment for me to meet this policeman the following day.  He then asked me what I wanted to do with this policeman  and I said that if I spoke to him, and if  he perhaps asked me for forgiveness I might just feel a bit better.  And he said to me that I could go the following day.  That he would make the necessary  arrangements for me to go there at about 10 o'clock.
My friends and family had accompanied  me.  When we got to the Police Station,  the Sergeant told me that he was going to speak to Simon because Simon was the one that had shot at him.  He said that he would speak to him  and let him know that I wanted to see him. The Sergeant stood up and left, and called me in  and he said Simon says that he doesn't  want to see you.  He says that he doesn't  even want to see you.  You can go, he doesn't want to see you. 
We then went back home, and we got home.  Afterwards we went to go and look at the corps and I said this Lieutenant that  - Simon says he  doesn't even want to see me because I thought that if he saw me and spoke to me and asked for forgiveness that I would feel a bit better.  And he said that he doesn't want to see me at all.  We buried him.
My friends and family supported me and we - I cannot remember, but after a few months  we went - after a few months of having buried him, we went to Court  and at Court I saw this Simon who had shot my child.
And the trial continued - there were witnesses called - and Mrs. Lourens who had come to tell me about my child's death - about my child's shooting - was there.  Ms  Lourens was there.  And there were two whites who had also witnessed the shooting.  They testified and the attorney asked him if he had shot the child by accident.  He said  I wanted to shoot him - shoot and kill him.  It wasn't a accident.  I wanted to shoot and kill him because he had a stone and he threw  the stone at me.  
And my son was secretary of the ANC, he was doing Std 9 at school, and I know he was a member of the ANC.  And they asked him  Are you sure it wasn't an accident.  He said  No it was an  - I wanted to shoot and kill him.
But the worst of all is that - is that  he's brother is now a mental case and has to go to Pinelands for treatment all the time.  And that is the worst of all.  And we now great each other, but at the time of the trial he didn't even great.  The Magistrate found him guilty and said that he - he finds him guilty of murder of Nono Kellem, thank you.

MARY BURTON: I want you all to remember that was a week which had been called as a week of mass action in - in the Beaufort West area.  And there had been stay-a-ways  on those 2 days.  So I expect  that things everywhere were very tense.  But although your son was active in the ANC you believe that at the time that he was shot, he was not attempting  to throw stones or take any violent action.  Is that  right?