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Human Rights Violation Hearings

Type HUMAN RIGHTS VIOLATION HEARINGS

Starting Date 09 October 1996

Location KAROO

Day 3

Case Number CT/01304/KAR

Victim PETROSE MOSOTHO

Testimony PETROSE MOSOTHO

Nature TORTURE, ASSAULT AND SHOT, IN ARM BY POLICE

MS BURTON

One of the briefers will be come and join in a moment. You can sit down.

Good afternoon Mr Mosotho, can you hear me well through the earphones.

PETROSE MOSOTHO

Yes I can hear you.

MS BURTON

And you are accompanied by a member of your family.

PETROSE MOSOTHO

This is a person who was with me when I was taken in my room when the police came to take me in my room at about one o’clock in the morning.

MS BURTON

[Indistinct] her and say that we are glad that she’s here. Thank you. Please will you stand to take the oath.

PETROSE MOSOTHO Duly sworn states

MS BURTON

Please sit down. Now you are going to tell us about what happened to you and the injuries that you sustained in 1985. Please go ahead. Sorry Denzil this is your case.

PETROSE MOSOTHO

It was about three in the morning. The police came at my home. They took me. I asked them where they are taking me too and they told me to shut-up not to say anything because I came to Colesberg with my politics. They took me to the Casspir and they were kicking me. They took me to the police station.

When I arrived there they took me to the prison. They put me in a dark cell. I couldn’t see anything. There was no light, it was only dark. Other policemen came with the van and the cars. They took me outside and they put a plastic bag over my head and my hands were hand-cuffed behind me and they took me to Middleburg where they were assaulting me. I didn’t know what happened. I just saw myself waking up in Bloemfontein in the hospital. That’s all I have to say.

ADV POTGIETER

Thank you Mr Mosotho. When did this incident happen.

PETROSE MOSOTHO

It was in 1985 on the 3 but I don’t remember the day, but it just happened within the week, but it was on the 3 in 1985.

ADV POTGIETERThird month or which third is it.

PETROSE MOSOTHO

It was on the 3rd of July 1985.

ADV POTGIETER

Who are the police that arrested you and that were involved in the assaults on you?

PETROSE MOSOTHO

They only police I know are the ones from Colesberg, Malithi, Dube and I don’t know the names of the white policemen.

ADV POTGIETER

They were involved in the assaults on you.

PETROSE MOSOTHO

Yes.

ADV POTGIETER

You say that they told you - you mustn’t ask questions, you must come along because you came with your politics to Colesberg.

PETROSE MOSOTHO

Yes, that’s what they said to me.

ADV POTGIETER

Where were you from. Where did you come from?

PETROSE MOSOTHO

My home is here, but I was raised up in Bloemfontein. I stayed with my mother there. My shoulder now is so painful and I still have a mark even on my leg where I was shot. I still have a mark.

ADV POTGIETER

They accused you of having brought politics to Colesberg. Now were you involved in politics. Were you an activist, or what was the position.

PETROSE MOSOTHO

Yes, I was in politics. I disagreed with what was happening here in Colesberg. And they said that I came here with some wise tricks here in Colesberg.

ADV POTGIETER

You were taken to Middleburg and the next thing you remembered was waking up in the hospital in Bloemfontein.

PETROSE MOSOTHO

Yes, I woke up in Bloemfontein. I don’t know how I went to the hospital. I couldn’t even see anything and my hands were hand-cuffed.

ADV POTGIETER

[Indistinct] Mr Mosotho to just try and speak a bit louder and try and speak right into this microphone so that your voice can be louder, can be amplified otherwise the people can’t hear you. So I am going to ask you to just speak a little bit louder, okay? Now when you woke up in the hospital in Bloemfontein. What sort of injuries did you have?

PETROSE MOSOTHO

My shoulder was injured and my leg where the policeman shot me. My leg was bandaged and there were ointment all over my shoulder.

ADV POTGIETERThose injuries that you had was caused or were caused by the police who were assaulting you.

PETROSE MOSOTHO

Yes, they were all caused by the police.

ADV POTGIETER

When were you shot. At what stage?

PETROSE MOSOTHO

They were shot me when they were taking me with their van, because I was fighting. I didn’t want to go with them with the van. That is when they shot me in my leg and I don’t know what happened to my shoulder, but my hand was broken.

ADV POTGIETER

Which leg did they shoot you in? Your right leg or your left leg?

PETROSE MOSOTHO

It was my right leg. I stayed for ten days in Bloemfontein. And I have a daughter who gives me pills because I’m sick and I do get this pills here in Colesberg. They are from Bloemfontein

ADV POTGIETER

In hospital, were you just discharged and did you go home or did the police take you into custody, charge you with anything, or what happened.

PETROSE MOSOTHO

I came they I was detained here in Colesberg. And I went to the Magistrates court. I was charged, I was sentenced, but they released me after some few months. They said my case was dismissed. I can go home.

ADV POTGIETER

What were you convicted off?

PETROSE MOSOTHO

As we were they convicted me of trying to close down the shops here in town. They said I was the one bringing these ideas to the people in Colesberg.

ADV POTGIETER

[Indistinct] idea to Colesberg.

PETROSE MOSOTHO

Yes.

ADV POTGIETER What sentence did the court give you.

PETROSE MOSOTHO

I was sentenced for six years, but they released me within some few months. I didn’t even stay for a year in prison.

ADV POTGIETERDid you appeal against the case. Did you appeal against the Magistrate’s judgement.

PETROSE MOSOTHO

Yes, I appealed, but they told us to wait for an answer and I am still waiting for that today.

ADV POTGIETER

So did they release you only after you’d spent a few months serving your sentence.

PETROSE MOSOTHO

Yes, they released me.

ADV POTGIETER

What did they say. Why are you being released so quickly.

PETROSE MOSOTHO

They said that just because I am under doctor’s observation I am to be released.

ADV POTGIETER

You have already explained that you still suffering from the consequences of those injuries. Is there anything else that you want to add to your testimony or bring to our attention.

PETROSE MOSOTHO

No, there is nothing else. Because what I wanted to say is about my house. I can’t get a house. I was since on the list of people who will get houses, but up until now there is nothing.

MS BURTON

Please could people in the audience keep quiet.

ADV POTGIETERAre you married.

PETROSE MOSOTHO

No, I am not married.

ADV POTGIETERChildren?

PETROSE MOSOTHO

No, I don’t have any children.

ADV POTGIETER

What is your age?

PETROSE MOSOTHO

I was born in 1960. I was born in 1960, on 5 May 1960.

ADV POTGIETER

I just want to hear whether the lady who was with you, whether there is anything she wishes to add. You told us that she was at the place where you were arrested by the police. I just going to ask you to shift the microphone to her and I am just going to ask her whether she wants to add anything to your testimony. Whether she wants to say anything. Would you please just give us your full names.

JANE JAPHTA

We were sleeping when police came and they knocked at the door. When we asked who was there and they just told us to open the door. We refused and we told them that we were sleeping. They kicked the door and the door opened.

They told me that they wanted this man next to me and he asked them where they were taking him too. And they told him not to ask question and they dragged him outside. He was not wearing a T-shirt on top and I took his T-shift and I gave him his T-shirt. They took him with the Casspir and they took him.

On the third day I was supposed to go back to work in Johannesburg. I phoned his brother Mike and he told me that he’s back from the hospital but he’s not well. That is all I know.

ADV POTGIETER

Okay. she can hear, she does hear, okay. Now do you know about the shooting that happened when they removed Mr Mosotho from the house there.

JANE JAPHTA

No, I just heard a shot. I didn’t see anything. I thought they were just shooting. I thought that was the warning shot. I didn’t see anything.

ADV POTGIETER

Would you mind just, we need to make a note of your full names. We don’t have written statement from you, so just give us your full names please.

JANE JAPHTA

I am Jane Japhta.

ADV POTGIETER

[Indistinct] thing with Mr Mosotho that stage.

JANE JAPHTA

Yes, he was my boyfriend.

ADV POTGIETER

Thank you very much Miss Japhta. I got no further questions.

MS SEROKE

Mr Mosotho, you said that you are receiving treatment from doctors. Can you please explain that.

PETROSE MOSOTHO

I got injured in my work place in Bloemfontein. I em suffering from epilepsy and I am receiving treatment.

MS SEROKE

Are you still suffering from this.

PETROSE MOSOTHO

Yes.

MS BURTON

We can see that you had a very bad experience and that you are still suffering from that and we offer you are sympathy and we hope that the treatment that you are getting now. Will be of some help to you. We thank you very much for coming to tell us what happened to you. Thank you.

 
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