Human Rights Violation Hearings — Klerksdorp — 1996-09-24

MR MMOLAWA: When the police came to arrest me at home, we were many who were arrested.   There was a house next-door, which is a double-storey house. I only heard the sounds of the vans. I thought maybe the Kombi is for the owner of tha house.  After that I heard many sounds.  When I looked outside I saw police vans and Kombis.  Thereafter I went to my mother. I said people are wearing balaclavas and after that they knocked at the door and they broke the windows. Thereafter my mother opened the door for them and then they said they wanted Ezekiel. They came to my bedroom and they found me there, I was asleep.  Then the CID whom I know, then said to me come, let's go.  He was together with other White CIDs.
 After that one boy came to the police station.  When I get into the Kombi ...
 We went to look for Sete, he wasn't at home.  Then we left for the police station.  They filled their car with petrol and they drove to the scrapyard.  They assaulted us in a very dark room.  They were hitting me on my ears, but I cannot identify who it was hitting me on the ears.  
 At about six o'clock in the morning they wanted us to write our statements.  They said that we should agree that we broke the principal's house. I said to them no, I was present in the township, but I was not present when the house was stoned.  They sent us back to Makwassie police station and they said R300,00 bail or three days.

ADV POTGIETER: Were you then charged?

MR MMOLAWA: Yes, I was charged.

ADV POTGIETER: What did they say what charge was it, what
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was it you were supposed to have done?

MR MMOLAWA: They said I was stoning the police station, but I must say I can't remember what the name was, but the police in the township pointed out people whom they alleged they have seen throwing stones, and one policeman from Makwassie pointed me out.  He was not present when a group of CIDs got into the house, he remained in the Kombi. I know him. He stays at Motseng, in Makwassie.

ADV POTGIETER: And what happened to the charge against you, what happened to the case?

MR MMOLAWA: We were given five years of hard labour outside.

ADV POTGIETER: Now when this happened in 1993, what were you doing, were you at school, were you working?

MR MMOLAWA: I am self-employed, I wasn't at school.

ADV POTGIETER: And we have heard that there was some unrest in the township at that time, that was just after the shooting incident involving Joel Olifant.

MR MMOLAWA: We stay in one street with the person who has been shot, in the same street.

ADV POTGIETER: Were you politically involved, politically active?

MR MMOLAWA: Yes, I was active.

ADV POTGIETER: What sort of a structure, what organisation?

MR MMOLAWA: The ANC.

ADV POTGIETER: Now can we just come to the incident where you were assaulted.  Did you say that you were taken to the scrapyard?

MR MMOLAWA: Yes, they took us to the scrapyard.

ADV POTGIETER: Where is that?

MR MMOLAWA: At Orkney.
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ADV POTGIETER: Do you know, was it the police that took you there?

MR MMOLAWA: The CIDs, with balaclavas took us there. I know only one of them who was the Black man, but there were three other Blacks whom I do not know.

ADV POTGIETER: Was this Steve Sepetlo that you referred to earlier, was he also present in this group that took you to the scrapyard?

MR MMOLAWA: He was present when they took me to the scrapyard.

ADV POTGIETER: And there you say that you were assaulted, you were beaten on your ears.  With what were you beaten on your ears?

MR MMOLAWA: They were using their hands, they were slapping me on the ears.

ADV POTGIETER: Were you assaulted in any other way?

MR MMOLAWA: No, they were just using their hands to slap me.

ADV POTGIETER: What was the consequence of that assault, what was the consequence of being beaten on your ears?

MR MMOLAWA: My ear was badly injured, the ear-drum.

ADV POTGIETER: And what is the condition of your ears at present?

MR MMOLAWA: It is not that fine yet, because I usually have pain in my ear.

ADV POTGIETER: What is your hearing like today?

MR MMOLAWA: At times that ear-drum just closes itself, I don't hear anything, but at times I do hear.

ADV POTGIETER: Have you instituted any claims against the police for the assault and the incident?

MR MMOLAWA: No, Sir.
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ADV POTGIETER: Is there anything else that you wish to add to your evidence before I finish off?

MR MMOLAWA: No, Sir, there is nothing I want to say further.

ADV POTGIETER: Thank you very much.  Thank you, Chairperson.

CHAIRPERSON: Thank you.  Dr Randera will ask you some questions.

DR RANDERA: Ezekiel, I just want to come back to that night, both you and your mother say that everybody wore balaclavas and that your mother recognised the voice of one person and you recognised the voice of that same person.  This person called Steve.  Now did these people actually identify themselves at any time, either at your house or in the scrapyard, in the room where you were tortured, as policemen or CID people or whatever?

MR MMOLAWA: They didn't introduce themselves in any way. I only saw Steve because I know that he is a CID.  Then I thought that all of them are CIDs.

DR RANDERA: Did you see Steve or you recognised his voice?

MR MMOLAWA: I saw him, Sir.

DR RANDERA: Now I just want to also ask you about the court case.  You say that you were charged.  What was the charge?

MR MMOLAWA: They say my charge is breaking the school quarters where the principal was staying.

DR RANDERA: And you were sentenced to five years?

MR MMOLAWA: Yes, Sir.

DR RANDERA: How much of that time did you actually serve?

MR MMOLAWA: Five years punishment.

DR RANDERA: It was a suspended sentence, was it?

MR MMOLAWA: I was outside, Sir.
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DR RANDERA: I want to come back to this incident about the principal and the school.  It seems like the youth or the comrades actually targeted schools at that time. Is that right?

MR MMOLAWA: The people who attacked the school are the students.

DR RANDERA: You were falsely accused?

MR MMOLAWA: Yes, I was falsely accused because I was not even there.

DR RANDERA: Thank you.

PROF MEIRING: Ezekiel, just two short questions for our records.  When did you leave school, at what standard?

MR MMOLAWA: I left school in 1983 becaue I was sick. I was doing Std 4 at that time.

PROF MEIRING: You say that you are self-employed.  What do you do for a living?

MR MMOLAWA: I am doing electronic and welding, electrician.

PROF MEIRING: Did you receive training for that?

MR MMOLAWA: No, Sir.

CHAIRPERSON: Ezekiel, I just want to ask you two questions.  When you were charged, were you charged by yourself or in a group with a whole number of other people?

MR MMOLAWA: I was in a group of other people, we were six all of us.

CHAIRPERSON: Were you charged with public violence or were you charged with breaking and entering property?  Could you be more specific?

MR MMOLAWA: It was public violence.

CHAIRPERSON: How much time did you actually spend in jail? Not your sentence, how long did you spend in jail.

MR MMOLAWA: I only stayed three days.
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CHAIRPERSON: And you had a suspended sentence, that if you did that again you would go to jail for five years.

MR MMOLAWA: That's true.

CHAIRPERSON: Thank you.  Thank you - Dr Randera wants to ask another question.

DR RANDERA: Sorry, Ezekiel, who represented you in that court case, who was the lawyer?

MR MMOLAWA: That's Schoeman, Sir.

DR RANDERA: Thank you.