Amnesty Hearings — Vanderbijlpark — 1999-05-19

MR STRYDOM: I want to refer you to your statement on page 13, and I'm referring to the statement you made to Kekana, paragraph 7, page 13.  It reads as follows
"During that time the ambulance were already transporting people to the hospital.  I then realised that my head was injured, my stomach was painful but not bleed, and my thighs were painful.  But I was bleeding from the vagina as a result of being stabbed with sharp instrument. (instruments it seems)"
Is that what you told Kekana?

FLORENCE MOLETE: I cannot see, the writing is very thin.

MR STRYDOM: Yes, but accept for the moment what I've read is correct.

FLORENCE MOLETE: It is true.  These things happened many years ago, maybe I told him about that.

MR STRYDOM: So this version that you kept this for yourself up to a few months ago is incorrect, is that correct?

FLORENCE MOLETE: I was still in pain.  People were coming asking for statements and we were also burying the dead.  So we were really confused then.

CHAIRPERSON: Yes, Ms Molete we understand that.  What counsel wants to find out is, you've just told us that you didn't disclose the injury to your private parts to Mr Kekana because he was younger than you, and you went on to say that you didn't disclose it to Ms Nichols I think it is, because you were afraid at the time.  And you also told us that because it was embarrassing and the people who accompanied her were younger, do you understand that?  Do you understand what I've just repeated, said to you?

FLORENCE MOLETE: Yes, I do understand, Chair.

CHAIRPERSON: Yes.  But now it appears that in the statement which you signed, there is mention of the injury to your private parts.  Do you understand that, do you understand what I'm ...(intervention)

FLORENCE MOLETE: Yes, I do.

CHAIRPERSON: So what counsel wants you to explain is why did you tell us that until approximately two months I think was the estimate, the injury to your private parts, you had never disclosed that to anyone, including Ms Nichols, because it was embarrassing and the people that accompanied her were younger.  Do you understand what he wants you to explain?

FLORENCE MOLETE: ...(no English interpretation)

CHAIRPERSON: Do you understand what counsel wants you to explain?

FLORENCE MOLETE: I do understand, Chair.  I had already forgotten that I told him about that because we were still in pain at that time, but now it appears on the statement that I told him about this.

CHAIRPERSON: Now what about the explanation that you've given us as to why you didn't tell Mr Kekana?  I understand that because you were still in pains at the time and you were emotionally disturbed, you may not remember having told Mr Kekana about this injury, but what about the explanation that you gave us as to why you did not tell him?  Do you understand what I'm asking you?

FLORENCE MOLETE: I do understand, Chair.

CHAIRPERSON: Yes.

FLORENCE MOLETE: That's why I say that it's apparent that I told him.  I was thinking that I did not tell him.  Honestly, he was younger than myself, but now it appears that I told him.  I have always been under the impression that I had not told anybody.  I thought that it was the first time that I told Ms Cambanis about this.

CHAIRPERSON: Well, is the position that the reason that you gave us as to why you did not tell him what you consider to have been the only reason which could have prevented you from disclosing the injury to Mr Kekana? It is on the assumption that you didn't tell him.

FLORENCE MOLETE: Are you referring to the reason that he was younger than myself?

CHAIRPERSON: Yes, yes.

FLORENCE MOLETE: That's correct, Chair.

CHAIRPERSON: Yes, thank you.  Yes, Mr Strydom.

MR STRYDOM: Thank you, Chair.
	According to you, what injuries did you sustain during that night?

CHAIRPERSON: ...(inaudible)

MR STRYDOM: Ja, well we can exclude the one we know now or you've just testified about, the injury to the vagina and the other injuries.

FLORENCE MOLETE: I was injured on my head and my body because I was beaten by sticks.

MR STRYDOM: Yes, the head and?

FLORENCE MOLETE: My head was swollen.  I had to shave my head.

MR STRYDOM: Other parts of the body?

FLORENCE MOLETE: That's on my private parts, my thighs as well.

MR STRYDOM: Is that all?

FLORENCE MOLETE: Yes.

MR STRYDOM: Were both your thighs injured or just one side?

FLORENCE MOLETE: The other one was badly injured, but the other one was not seriously injured.

MR STRYDOM: Your shoulder, was that injured?

FLORENCE MOLETE: They were beating me.  All over my body was beaten.

MR STRYDOM: And you went to the hospital and you were discharged the next day, is that right?

FLORENCE MOLETE: I left the hospital in the morning.

MR STRYDOM: Which one of the injuries was the more serious one?

MR LAX: Sorry, Mr Strydom, I'm feeling hell-of-a uncomfortable, I must be absolutely frank, about this. It's patently clear that this person has been stabbed in a particular place.  You've probably go the medical evidence there.  I mean really, is this necessary, to put her through this in this way?

MR STRYDOM: Mr Lax, unfortunately it is because of her evidence about the injury to the vagina and things that were said at the time the injury was sustained, it becomes relevant unfortunately.  I've got the medical records, I'll deal with that now.
	The question was, the more serious injury, which one was that?

MR BERGER: But with respect, Chair, is that necessary, to have to get the witness to describe which injury was more serious?

MR STRYDOM: Chairperson, I don't want a description, I just want her to tell, to say which one, if she knows.

MR BERGER: But to what end?  The woman has been ...(intervention)

CHAIRPERSON: Let's just not waste time, let the witness tell us whether she knows.  If she doesn't, let's get on with the examination.

MR BERGER: But does she have to?

CHAIRPERSON: I've ruled that she has to.
	Do you know which injury was the more serious one?  If you know, tell us, if you don't, tell us.

FLORENCE MOLETE: I was unable to walk because I was injured in my private parts.

MR STRYDOM: What I want to put to you is your medical record.  You were taken to the hospital, Sebokeng Hospital and according to the examination, treatment, progress, and then there's a description.  It states here
"Assaulted last night with an iron bar on the left thigh and left shoulder."
And that's the only injuries that appear on this medical report, and you were given voltaren and maybe some other medication.  But what I'm putting to you is, it does not state the injury which according to you was the more serious injury to the vagina.

MR BERGER: Is my learned friend suggesting that Ms Molete was not injured where she says she was injured?

CHAIRPERSON: He is simply putting to her what appears on the medical report.

MR BERGER: Yes, but implicit in what he's putting to the witness is that she was not injured where she says she was injured.

CHAIRPERSON: But this is what the report that's been put to her states.  Maybe she will be able to explain to us why.

MR BERGER: Chairperson, the other point is that I understood a ruling from you, Chair, that we were not to put in documents on a piecemeal basis and that as soon as we had the documents we were supposed to hand them in to you.  My learned friend has known that Ms Molete was going to come and give evidence and this is the first time we get these documents.  We had documents which we got from Iscor, relating to Mr Vanana Zulu, we didn't wait until he's called as witness, we handed them in long ago.