Human Rights Violation Hearings — Klerksdorp — 1996-09-26

DR RANDERA: Yes, there is a great deal happening outside, but you are going on with you work. You admit to being a member of the UDF, but on that day, you were doing gardening.  Somebody shoots you from the back and can I just ask you, please, because you have been very modest about your injuries.  Tell us what actually happened that made you end up in intensive care.

SIBIYA JEREMIAH BELAWENI: I can answer you in this way.  You were saying KLERKSDORP HEARING TRC/GAUTENG
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there were a lot of things that were happening outside.  Maybe you didn't understand or maybe I don't understand you correctly.

DR RANDERA: I don't want you to go back to that.  I just want you to tell us what made you end up in intensive care unit in hospital, what were your injuries, what did they have to do to you?  In your statement, can I help you?

SIBIYA JEREMIAH BELAWENI: I understand you now. For me to end up in hospital, I was shot.  In my bed rest report it was written multiple bullet shots.  When I was asking doctors or what has happened, they said I was shot. Then they were not clear with what I was shot.  They were saying my left leg is not going to work again. It took about a week because I was denying that it should be amputated.   They told me the right leg, they said the right leg, they will to bring it back to normal, even if it is not going to be a perfect job, because it has pellet shots or birdshots. I don't know what they found in my legs.  Because those birdshots were in the stomach.  There are things which still make me painful and for which I need further treatment.  Even there they said in the kidneys or in the stomach.  There are things which need to be removed.

DR RANDERA: Let me just come back to this.  You did lose your leg. Is that right?  Did they amputate your leg?

SIBIYA JEREMIAH BELAWENI: Yes, it was amputated, just on top of the knee.

DR RANDERA: You also say that your right arm is deformed and weak.

SIBIYA JEREMIAH BELAWENI: Yes, that's the right hand which has been deformed and injured.
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DR RANDERA: Again, to come back to what I was saying earlier on. You are gardening, you get shot, you lose your leg in the process, you lay a charge against the police and you then end up spending two years in prison. Is that right?

SIBIYA JEREMIAH BELAWENI: That's true, Sir.

DR RANDERA: Can I just ask one more question before I hand over to the Chairperson.  You said that after you were shot, the police took you to Sepong Hospital.

SIBIYA JEREMIAH BELAWENI: Yes.

DR RANDERA: Which is also in Jouberton.  Were they the same policemen who had shot you?

SIBIYA JEREMIAH BELAWENI: No, those who took me to hospital, they were Black policemen and the driver, then he just said (indistinct).   But the one who I was with him behind the van, then he put me a tyre to rest my head, it was a Black person.

DR RANDERA: My last question, sorry. Were you the only person charged with public violence?  Because your friend was also there with you on that afternoon.  Was he also charged with public violence?

SIBIYA JEREMIAH BELAWENI: I was the only one who was charged with public violence.

DR RANDERA: No further questions.  Chairperson?

CHAIRPERSON: Thank you, Dr Randera.  Any other questions?  Tom?

THOMAS MANTHATA: Jeremiah, were people not happy with - I do not understand, do you mean that day or during that week or that month or in that year?  Let's say that during that time or was it a year or a month, the main thing is, do these people know the state of what was happening at that time, that the police or soldies would come and attack them?
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SIBIYA JEREMIAH BELAWENI: Yes, we had some meetings. Let me put it this way.  The policemen were always patrolling our area.

THOMAS MANTHATA: When you had those boycotts, you knew that they were there.

SIBIYA JEREMIAH BELAWENI: Yes, we knew that they were there.

THOMAS MANTHATA: Then you asked for the community to support you?

SIBIYA JEREMIAH BELAWENI: Yes, Sir.

THOMAS MANTHATA: In Jouberton during that time, how many people died?  How many people went to the hospital?

SIBIYA JEREMIAH BELAWENI: I don't have statistics, but during that month the time I was in hospital, only one or two persons died and those who were injured were many.

THOMAS MANTHATA: Those who were arrested, how many?

SIBIYA JEREMIAH BELAWENI: I don't have the exact number, but many were arrested, even Jean was part of those people who were arrested and then Cele also was arrested also.

THOMAS MANTHATA: In Jouberton when these people were arresting, how many lawyers for human rights were active there?

SIBIYA JEREMIAH BELAWENI: It was Priscilla Jana, just like myself, I was usually silent.  Now he is working with (indistinct) Reddy, I don't remember others.

THOMAS MANTHATA: The one who was helping you, how far did he go?

SIBIYA JEREMIAH BELAWENI: He was helping me as far as appeal.  When I was trying to make an appeal.

THOMAS MANTHATA: In your injury, was he part of the team which used to defend you?

SIBIYA JEREMIAH BELAWENI: He was going to take this charge when it starts, when I was suing the State, but unfortunately the charge was not taken by the magistrate. So he took this one
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for public violence, so he continued with that.

THOMAS MANTHATA: I thank you, I have no further questions.

CHAIRPERSON: Piet Meiring?

PROF MEIRING: Mr Sibiya, about your own personal circumstances at the moment. You told us that you are 29 years old, not married, no children, that you are unemployed.  Who is looking after you?

SIBIYA JEREMIAH BELAWENI: I have applied for the subsistence allowance from the government, so they gave me a disability grant.  I have applied for that in 1994.

PROF MEIRING: How much is that every month?

SIBIYA JEREMIAH BELAWENI: It is R430,00 per month.

PROF MEIRING: Your parents, are they still alive, do they also take care of you?

SIBIYA JEREMIAH BELAWENI: No, they are not taking care of me.  The person who is alive is my father and my younger brother.

PROF MEIRING: Thank you.  You told us that you eventually succeeded in getting your matric, your Std 10. Did you receive any further training or education?

SIBIYA JEREMIAH BELAWENI: Yes, I furthered my studies, but I failed to succeed because of a lack of funds.

PROF MEIRING: What was your interest, in which direction did you study?

SIBIYA JEREMIAH BELAWENI: I wanted to have a degree in electrical engineering.

PROF MEIRING: So you would like to go to university, that is a dream you have?

SIBIYA JEREMIAH BELAWENI: Well, that's my dream.

PROF MEIRING: Thank you very much.

CHAIRPERSON: Thank you, Mr Belaweni.  We have listened to your testimony.  We have noted what you have said.  We
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were struck by, again, the senselessness of the use of firearms and deadly weapons in situations of non-violent resistance like rent boycotts and bus boycotts.  Again, it just reminds us of how bad things were not so very long ago.  But thank you for coming.  We have noted what you have said and the Commission will deal with your matter further. Thank you.
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