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Human Rights Violation Hearings

Type HUMAN RIGHTS VIOLATION HEARINGS

Starting Date 07 October 1996

Location KAROO

Day 1

Case Number CT/01517/KAR

Victim LESLEY KELEMI

Testimony LESLEY KELEMI

Nature SHOT BY POLICE

MS BURTON

Our next witness is Lesley Kelemi and we ask him to come to the stage.

Good morning Mr Kelemi.

MR KELEMI

Good morning Ms Burton.

MS BURTON

You are going to speak to us in Xhosa I believe.

MR KELEMI

In Xhosa.

MS BURTON

So will you like to put on the head phones. Can you - can you hear me all right?

MR KELEMI

Yes I can understand.

MS BURTON

Would you stand to take the oath.

MR KELEMI Duly sworn states

MS BURTON

Thank you. Your testimony is going to be facilitated by Ms Joyce Seroke. So I will hand over to her.

MS SEROKE

Good morning Lesley. We are glad that you have the opportunity to tell us your story that happened in 1987. Please tell us in a few words and go back to that year and tell us what happened.

MR KELEMI

It was in July 1987, my neighbour had asked me, her name is Lindi, to go get paraffin. When I got out of the gate I came across policemen. They were standing next to a bus. The second house from my home, that is where I was going. When I was coming back I got shot by the police, I then fell, I got unconscious.

When I regained consciousness, I was in Bloemfontein. I stayed in the hospital for four months. The fifth month I had to be taken back to Kimberley. From Kimberley to De Aar. When they shot me they thought they were shooting my cousin’s brother, because they were looking for him. His name is Monde Makhadula.

When I got home, he fetched me - I did not know why the police fetched me. They took me to a Court of Law. They said they found me guilty of having burnt down a clinic. I told them I do not know anything about this. The court case lasted a few days. I did not have an attorney.

The witness I had was not called to the stage. That witness was my mother. She was mentally disturbed. When I asked them - when I asked them if my witness could talk, they just gave me a five year suspended sentence. I wanted to know why I was found guilty, but I was not told. I still do not know who has shot me. I want to know who shot me.

I was just a laughing matter. People were just laughing at me. At school I cannot participate as much as I would like to. I fail all the time. I repeat every standard five times.

Could the Truth Commission please find those people, because they have destroyed me. That is all I have to say.

MS SEROKE

Thank you Lesley. I just have a few questions. In 1987, how old were you? What were you doing at the time?

MR KELEMI

I was fifteen years of age.

MS SEROKE

Were you studying?

MR KELEMI

Yes, I was.

MS SEROKE

What standard were you doing?

MR KELEMI

I was in standard five when I got injured - it was standard five.

MS SEROKE

What was the situation at your village at the time?

MR KELEMI

It was calm, it was calm.

MS SEROKE

Was there stone throwing?

MR KELEMI

No, there was not, it was just calm.

MS SEROKE

Were you a member of any political organisation at that time?

MR KELEMI

No, I was just a school child.

MS SEROKE

Apparently there was an organisation called Monwabisi Student Organisation. Were you a member?

MR KELEMI

No, I was not a member.

MS SEROKE

So you say you did not see the police that shot you.

MR KELEMI

No, I did not see him. Even at court they did not show him.

MS SEROKE

What are you doing now?

MR KELEMI

I am studying. I am in standard ten.

MS SEROKE

How does your one eye treat you, the one that is functional?

MR KELEMI

My eye gets tired very quickly. It is sore now and again. I sleep very quickly because my eye gets very tired.

MS SEROKE

So you were shot straight in the eye.

MR KELEMI

Yes, I was.

MS SEROKE

After you were released from hospital, you say that you investigated who shot you. How did you go about investigating?

MR KELEMI

After I was shot, I was unconscious, I then asked the people that were there, that picked me up, I asked them the name of the policeman. They did not know.

MS SEROKE

We have heard your request to the Truth Commission. I am going to hand over to our Chairman here, Chairperson.

ADV POTGIETER

Good day - Mr Kelemi, what do you do at the moment.

MR KELEMI

I am studying.

ADV POTGIETER

What are you studying?

MR KELEMI

I am in standard ten. The name of my school is Monwabisi.

ADV POTGIETER

Thank you. And then just one other thing. Who took you to the hospital after you were shot? Did you find out afterwards who took you?

MR KELEMI

It is the police.

ADV POTGIETER

And at the hospital were you under police guard or what happened to your there?

MR KELEMI

Yes, my whole bed was surrounded by police.

ADV POTGIETER

And when you were discharged from hospital, what happened to you. Were you taken into custody?

MR KELEMI

I was escorted by them. They wanted to take me into jail, but my parents refused.

ADV POTGIETER

And when did they actually charge you with this public violence charge. Was it after you were discharged from hospital or what happened?

MR KELEMI

Yes, it was after I had left hospital.

ADV POTGIETER

Was it immediately or only after a while or what?

MR KELEMI

It was a while after I had left hospital.

ADV POTGIETER

[indistinct] go to lay a charge at the police station for the shooting.

MR KELEMI

No, they were not able to because they did not know who shot me.

ADV POTGIETER

Thank you Mr Kelemi.

MS BURTON

Mr Kelemi thank you very much for coming to tell us. We see that you have suffered a serious loss with the loss of your eye and that is has continued to affect you, even until now.

We - we see no reason why people should laugh at you or mock at you and we hope that you will be taken seriously as you try to achieve your - and pass your standard ten exams this year. We wish you success in your studies and we will see whether perhaps some counselling could help you with your concentration and your tiredness from your studying. We are very grateful to you for coming today. Thank you very much.

MR KELEMI

Thank you.

 
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