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Human Rights Violation Hearings

Type HUMAN RIGHTS VIOLATION HEARINGS

Starting Date 16 October 1996

Location WINELANDS

Day 3

Case Number CT/00429

Victim HENDRINA KAYE

Testimony HENDRINA KAYE

Nature SHOOTING

DR ORR

Middag Me Kaye ek sê welkom aan u en ook aan u vriendin Me September. Ons is baie bly om soveel van Wolseley se mense hier saam met ons te hê. Voor ons u storie hoor, kan ek u vra om te staan om die eed af te lê.

HENDRINA MAGDELENA KAYE Verklaar onder eed

DR ORR

Baie dankie, Denzil?

ADV POTGIETER

Thank you Wendy, Me Kaye goeie middag.

ME KAYE

Goeie middag.

ADV POTGIETER

You’re going to talk about the incident at Wolseley. You were not part of the procession - you were just an onlooker. What happened to you?

MS KAYE

I was very inquisitive and that is why I was there. When the people started leaving the hall I was part of this crowd watching how the people were leaving the hall. And suddenly those people started running. I also ran and suddenly I just felt lame and I felt something warm running down my leg. When I looked down I saw blood, when I picked up my skirt I saw there was a big hole in my leg. I started crying and I struggled to get home.

When I arrived home there was nobody there, I went to my sister-in-law and she arranged transport to Dr Nell. When I came there, there were 2 ambulances standing there waiting to transport other injured people.

The ambulance driver put a bandage around my leg and then we were taken to Eben Dönges. We stayed there over night and returned the next day. Thank you very much.

ADV POTGIETER

In which leg where you wounded?

MS KAYE

In the - my left thigh above the knee. I was hurt in my knee, there was hole in my leg.

ADV POTGIETER

[indistinct]

MS KAYE

They said I was hit with a rubber bullet. The children said the next day that they picked up big things - big - big cartridges.

ADV POTGIETER

Did you see the person who was shooting at you?

MS KAYE

No I didn’t see anybody because I was running away and then suddenly I realized that I was feeling lame and I felt something warm running down my leg and when I picked up my skirt I could see this big hole in my right leg.

ADV POTGIETER

Did you run away from the police?

MS KAYE

Yes, when everybody started running I also ran away.

ADV POTGIETER

What is the situation with your leg at the moment, is it completely healed?

MS KAYE

Yes, it is fine except that when it is cold my leg aces.

ADV POTGIETER

Are you working?

MS KAYE

I work at SEPCO in Tulbagh during the season, it’s just for 5 months that I have work and for the other months I have a char job.

ADV POTGIETER

Does your leg give your problems when you go to work?

MS KAYE

Not now, not like today but when it is - when the weather is no fine it gives me a lot of trouble.

ADV POTGIETER

So were you not involved in this demonstration, you just ran away when people started running? Were you ever charged with anything?

MS KAYE

Yes, 3 weeks after that we were arrested but the case was withdrawn. And afterwards we made statements when we reappeared at court but after that we never heard anything about this case.

ADV POTGIETER

Did you institute a claim at all, did you receive any compensation?

MS KAYE

No nothing at all.

ADV POTGIETER

Thank you very much, is there any thing else you which to add?

MS KAYE

No.

ADV POTGIETER

Thank you very much for your evidence.

MS GOBODO

Thank you Hendrina, do you have any children?

MS KAYE

Yes, 4 children.

MS GOBODO

At the time of the incident, where - where were they and - or - how old were they? At the time of the injury how old were your children?

MS KAYE

My youngest child was 6 years old - I think 6 years and the second child - I can’t remember precisely but more or less 14 years old. And the 3rd on - the eldest was 20 years - round about 18 and 19 years and the eldest one was 20. And I was 40 years of age.

MS GOBODO

[indistinct] were bleeding when you went back home, running, bleeding?

MS KAYE

When I came home there was nobody there at my house. When they shot me I just tried to get home immediately but there was nobody there to assist me because everybody was just trying to get to their own homes safely. I just tried to get home and there was nobody there when I arrived there. I went to my sister-in-law and she arranged for transport to Dr Nell.

MS GOBODO

It must have been very scary for you to be shot like that and to suddenly find that your life is at stake?

MS KAYE

Yes, it was.

MS GOBODO

It’s very difficult [indistinct] under conditions of that nature where you don’t know whether you will leave or not leave and whether you don’t - where you don’t know whether a shot will injure you to death or will nail you.

And we just want to thank you for coming today to share with us that experience and to also open another window for us that into that little town in Wolseley to be part of that group that shows us what happened in Wolseley because often we do no hear any of the incidents that happen in towns that are not centrally located. So we are very pleased that you came to share with us what happened then, thank you.

PROFF MEIRING

Madam Chairperson Dr Nell was granted a opportunity to attend this sitting to come and give his explanation if he wanted to. It was confirmed with him that he would be here at 3 o’clock this afternoon because it was foreseen that the program would run until 3 o’clock this afternoon.

When it was found that things were going a bit faster and that he should arrive a bit earlier, he was telephoned and asked to be here before 1 o’clock this afternoon. It is impossible for him to be here and he cannot participate in this today so perhaps once more I should read his letter that he’s written to us which has been written to you. Read to you already and if I may just suggest that the Truth Commission take the matter a bit further with him and perhaps he’d be granted an opportunity at another stage to come and comment on everything that has been said today because it effects his practice and his - him as a person and everything.

I would like to read what was - what he - what he was written, it was short submission which was written on a - one of his letterheads and he says that:

I was a available on 24th of November 1990 and did not refuse

anyone medical attention. The patients were all taken directly to

Eben Dönges Hospital per ambulance and I only heard about the

incident on the 25th of November 1990.

I understand that there is going to have to be quite a bit of

clearing up with regards to this and that he should be granted the

opportunity.

 
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