Human Rights Violation Hearings — King William's Town — 1997-05-14

CHAIRPERSON: Ronald Ngqandu, please stand up.

RONALD NGQANDU: (sworn states)

CHAIRPERSON: Matse Wellington Mbenento.

MATSE WELLINGTON MBENENTO: (sworn states)

CHAIRPERSON: Ntsiki Sandi.

MR SANDI: Thank you, Chairman.  May I start with Mr Mbenento.  Mr Mbenento, you have a short story and I would like you to briefly explain what happened to you on the 11th of October 1991.  You were shot in Komga, is that correct ?

MATSE WELLINGTON MBENENTO: Yes, that is correct.

MR SANDI: At this time there was a consumer boycott in town ?

MATSE WELLINGTON MBENENTO: Yes, there was a consumer boycott.

MR SANDI: Were you a member of ANC ?

MATSE WELLINGTON MBENENTO: Yes, I was a member of ANC.

MR SANDI: You were shot four times ?

MATSE WELLINGTON MBENENTO: Yes, that is correct.

MR SANDI: Where were you shot ?

MATSE WELLINGTON MBENENTO: I was shot on the side of my stomach.

MR SANDI: Please give us a clear picture of what was happening at that time.

MATSE WELLINGTON MBENENTO: At this time, Mr Sipho Gumenge who was a policeman.  Mr Gusha was shooting at me at that time.  He did not stop, he kept on shooting.  I then talked to the police next to me, asking him that, do you see that I'm being shot.  Why do you leave this man ?  Why did you not, why don't you stop him ?  Because he was shooting at me as if I, I'm an animal.  This man did not listen to me.  I can say that when Themba was shooting at me, he saw that my arm was broken and then he stopped.  At this time I was talking the man next to me, asking him to ask Themba to stop shooting at me.

MR SANDI: You said that you broke your arm ?

MATSE WELLINGTON MBENENTO: Yes, my left arm was broken and it is not working now.

MR SANDI: Why were they arresting you ?

MATSE WELLINGTON MBENENTO: When I heard about this in Frere Hospital, they said that I was wearing  camouflage.  We had a march on the 18th of December 1990.  They saw me in town wearing  camouflage

MR SANDI: But in that time they were arresting you, you were not wearing a comouflage?

MATSE WELLINGTON MBENENTO: No, I was wearing my private clothes.

MR SANDI: You were treated by Dr Smith in Frere Hospital ?

MATSE WELLINGTON MBENENTO: Yes, there were two doctors.  It was Dr Smith and Dr Settler.

MR SANDI: What did they say about your arm or about your injuries in your body ?

MATSE WELLINGTON MBENENTO: What  these  doctors  did to me, they cut my leg, trying to patch my
arm because I could see bones in my arm.

MR SANDI: Are you receiving treatment now, from the hospital or from the doctor ?

MATSE WELLINGTON MBENENTO: After I was released from pri, from hospital ?

MR SANDI: In the present time, are you receiving medical treatment ?

MATSE WELLINGTON MBENENTO: When it's raining my arm got, gets painful.

MR SANDI: Where there any bullets taken from your arm ?

MATSE WELLINGTON MBENENTO: I still have a bullet in my arm and would like it to be taken out.

MR SANDI: Who told you that you have a bullet in your arm ?

MATSE WELLINGTON MBENENTO: I heard that there was a bullet in my arm.  I could feel it.  After I was released from hospital when I was, I touched my arm,  I could hear that, I could feel that there is a bullet in my arm.

MR SANDI: Do the police know you as someone who was taking part in any political organization ?

MATSE WELLINGTON MBENENTO: Yes.

MR SANDI: Which political organization ?

MATSE WELLINGTON MBENENTO: The ANC.

MR SANDI: What is your request to the Commission to-day ?  We have requests, written requests in front of us, would you like to repeat them yourself ?  What is your first request ?

MATSE WELLINGTON MBENENTO: My first request is that I would like the Commission to help me financially, so that I can build a house for myself.  Secondly, I would like to get medical treatment, so that the bullet in my body can be removed.

MR SANDI: You said that your arm is disabled ?

MATSE WELLINGTON MBENENTO: Yes, even if I'm taking a bath, I've got to be helped by someone.

MR SANDI: Do you have a request concerning that ?

MATSE WELLINGTON MBENENTO: Concerning what, Sir ?

MR SANDI: Are those your requests or would you like to add something ?

MATSE WELLINGTON MBENENTO: That is all, Sir.

CHAIRPERSON: Ronald Ngqandu.

MR SANDI: Ronald Ngqandu, you also experienced that same as Mr Mbenento.  This happened to you in March 1990 in Komga ?  Briefly, what happened to you, Sir ?

RONALD NGQANDU: There was a consumer boycott in our area at that time.  We were fighting against the Councillors because they wanted to raise rent payments.  On the third day, after all this, the boers of AWB came from town.  They were going to take a truck which was burnt down by the community.  The community burnt down the truck because the driver went to the police and the police escorted the driver, so that he can go and buy in town, although there was a consumer boycott.
People followed, the comrades followed him and we, he, they asked him whether he did not know whether there was a consumer boycott or not.  They told him to leave the truck and the truck was bunt down by the community.

MR SANDI: Who was the owner of this truck ?

RONALD NGQANDU: I don't know who the owner was.

MR SANDI: Was it not Els brothers' truck ?

RONALD NGQANDU: No.

MR SANDI: You said that the AWB members came to take this truck from the township.  Was there any AWB, were there any AWB members in Komga at the time ?

RONALD NGQANDU: Yes.

MR SANDI: You said that they came to take the truck and then what happened ?

RONALD NGQANDU: The community saw them.  We then decided to go to them, asking why they were taking this truck.  Before we can reach them, we heard a gunshot.  I was then shot.

MR SANDI: Who was shooting ?

RONALD NGQANDU: Between Johan Els and Nick Els.

MR SANDI: Were you the first one who was shot ?

RONALD NGQANDU: Yes.  There was one other boy who got shot that day.

MR SANDI: Where were the police at that time ?

RONALD NGQANDU: The police were there when we were being shot at.

MR SANDI: What happened after that ?

RONALD NGQANDU: The  people ran away.  One young boy saw that I got shot, he ran to the school, telling teachers that someone has been shot.  The people then came trying to take me  to the hospital.  This young boy came with a car and then they took me to hospital.

MR SANDI: Did you go to any attorneys concerning this ?

RONALD NGQANDU: Yes, I did.

MR SANDI: Was it in Smith and Tabata ?

RONALD NGQANDU: Yes.

MR SANDI: What happened to your case?

RONALD NGQANDU: The  case  in  King  William's  Town.  It  took  a  long  time.  We  were then transferred to East London.  I was then told in Eas London that the  case  was  withdrawn.

MR SANDI: When the case was in court, was it because of the claim you instituted or who was charged ?

RONALD NGQANDU: I was the one who was charged.  They said that I got shot while I was doing public violence.

MR SANDI: The case was then withdrawn ?

RONALD NGQANDU: Yes.

MR SANDI: You did not lay a claim to Smith Tabata ?

RONALD NGQANDU: They said that, that has expired.

MR SANDI: The Els brothers, was there a connection between them and the police ?

RONALD NGQANDU: I can say that there was a connection between them and the police because they were together with the police while they were shooting at us.

MR SANDI: At the time of this day, were they wearing AWB uniforms ?

RONALD NGQANDU: They were wearing the uniform from the garage because they own a garage.

MR SANDI: You have a request in your statement.  Would you like to say your request ?

RONALD NGQANDU: Yes.

MR SANDI: Can you please do that.