Human Rights Violation Hearings — Heiderveld — 1996-04-25

DR BORAINE: The next witness that the Commission will hear is Lucas Baba Sikwepere and I'd be grateful if he would come please.  I understand that also Nontobeko Gallery Feni will be accompanying Lucas.  Mr Sikwepere can you hear me.

MR SIKWEPERE: Yes.

DR BORAINE: Can you hear the [indistinct] as well.

MR SIKWEPERE: Yes I can.

DR BORAINE: Thank you very much.  We would like to welcome you very warmly to the Commission.  You have been sitting for a long time listening to others and now you have an opportunity to speak for yourself about some very dreadful actions that were taken against you which live with you today.  I have to ask you to take the oath, if you prefer to remain seated, that's not a problem.
LUCAS BABA SIKWEPERE Duly sworn states

DR BORAINE: Thank you, you may be seated please.  Mr Sikwepere it's difficult to even begin to understand what your experiences have been and perhaps the wisest for all of us is to allow you to talk for yourself about the injuries you've sustained and the torture that you've endured.
 And Ms Pumla Gobodo one of our Commissioners will take up from me now to assist you to tell your own story, thank you.

MS GOBODO-MADIKIZELA: Thank you Chairman - Chairperson.  Chairperson Dr Boraine has introduced to you and presented Lucas Baba Sikwepere.
Baba is going to present to us what he says is the work of the man who came to be known as the Rambo of the Peninsula.  The police officer who is known by the name of Barnard.  Baba is going to tell us that the last time he saw with his eyes, was when he turned to look at Barnard who then blew his eyes and vision to non existence.
 Barnard has been mentioned in this room by a number of witnesses.  And if we as the Human Rights Violations Committee find that Barnard was indeed responsible for all the atrocities that are mentioned here for all the killings, the destruction of people's lives - the [indistinct]
 The total incomplete dehumanisation   of people if we find that this is true.  There are two questions that are pressing for me, the first one is wasn't there any policeman in the force in the Peninsula who could stop him in his tracks, and was our legal system so hopeless that he couldn't be brought to a Court of Law with justice.
And speaking of a Court of Law, I am reminded of what a witness here on Tuesday said, Mr Juqu, Mr Juqu said in those years the Law allowed them to do whatever they wanted to do to us.  And he further said that if you were a person in authority and I will translate what he said literally.
If you are a person in authority, you had the right to lie in a Court of Law.  And the South African idea of a Court of Law takes us back to the 1960's, and I remember what was said by Judge De Wet in the Rivonia trial in his closing remarks.
He first of all dismissed the expert testimony of Dr Allan Patten and said that he was in no way convinced that President Mandela and Others were trying to improve the lives of the oppressed in apartheid South Africa.  JP de Wet also said that just as a way of explaining to everybody what the Courts then were doing, he said that the function of the Courts is to enforce the Laws of the States.  And to enforce law and order.
Now it is our function here as the Human Rights Violations Committee to try and establish what Barnard's idea of the enforcement of law and order was.  And to establish the extends and nature of that enforcement of law and order.
Baba, you can take off your earphones.  Good morning, I am just going to explain to you how this house is arranged.  If you face towards your right, that is now the whole house, you are now seated on the platform, people in this house are approximately 200 to 250.  You are now seated on the platform.  And our small tables are arranged as a horse shoe.  Right in the middle of  the horse shoe is Bishop Tutu, next to him is Dr Boraine, I am right at the extreme end of this horse shoe.  I am seated directly across you, we are facing each other.  We are now going to start to talk to each other, Baba.
Could you please tell us Baba what happened on that day of this incident, could you please explain to us.

MR SIKWEPERE: On this particular day it was on - in the morning we were told that the previous night that we shouldn't sleep at night, because we were going to be attacked.  Now the community at large was told by a loudspeaker to stay outside the whole night -  that night.  Now the following day I left and I went to find out if my house was still there.  Before an hour was over while I was still at - in my house, I - I heard that we were called.  
And I heard that we are now being attacked.  I ran, we were - I went through the Terminus Road.  Now that was where we were suppose to collect each other.  Now that place was between Crossroads and KTC.   While we were still there, a van approached - it was a white van and it was driven by Barnard.  When he - after he had just passed, he asked us to all disperse within five minutes.  People asked how can - how can he ask us to - to disperse because we are not here to do any harm.  Only people who are suppose too - who are here to burn the place should be dispersed.

MS GOBODO-MADIKIZELA: Please don't speak fast of the interpreter's sake, do you think you can do that?