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Human Rights Violation Hearings

Type HUMAN RIGHTS VIOLATIONS, SUBMISSIONS QUESTIONS AND ANSWERS

Starting Date 29 October 1996

Location ALEXANDRA

Names MARIA MALAKOANE

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+mkhize (+the +family)

MARIA MALAKOANE (s.s.)

MS MKHIZE: Would you like to tell us who is the person accompanying you.

MRS MALAKOANE: It is Ace's brother.

MS MKHIZE: We thank you. We would like one of us to help you in giving your evidence. Mr Hugh Lewin will help you. MR LEWIN: Thank you very much, I would like to welcome you and we are very pleased that you are here today to tell us the story of what happened to Ace Longwane. You were very closely involved with him but if you could tell us what happened on that night in April 1986. In your own words. Thank you very much.

MRS MALAKOANE: It was on a Tuesday night, I don't remember the date clearly because it is quite a long time. We had gone to Roma to go and see a car that we were involved in an accident whilst we were on our way to the meeting. When we came back we realised that this car had run away so we left the car there in Roma and then we came back from the meeting. On the Saturday. On Monday we went to a meeting at 8th Avenue. We could not because the meeting was disturbed by policemen. On Tuesday on my way from back we decided to go and check the car at Roma where he had left it. Whilst we were there these people appeared singing from the police station. They had blue shirts and navy blue pants. Their shirts were hanging loose. They were just

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singing down the street. I was standing next to the gate, next to the lady who was carrying a baby at her back. The first person I saw was Mtebi. He said I know you, get away from that gate because we are going to cause some damage today. We left there. They went past Selbourne. We wanted to go to the offices to go and inform Mayekiso and Buya but we couldn't get there because whilst we were at 6th Avenue there was a boy that already been shot. His name was Colin. He was shot on 7th Avenue but he fell on 6th Avenue. We couldn't go home. We went at number 31. When we got there it was dark. We went to Edith's house but even there people told us that they were already sleeping because it was unpleasant outside. We went back home. Before we got home he went into one of the houses to check his friends. I went to buy him some beers in the neighbourhood. He found me already in the house. As we were sitting I gave him a beer and a glass but he didn't use the glass. I asked him why. He said no I want to drink quickly using the bottle. We just heard them singing outside. When we peeped through the window we thought that maybe they will come through the circle going to Selbourne. Ace went outside to find out what is happening. When I followed him, I met him, he said he was already shot. They damaged our courtyard, they surrounded the house. He was holding his left when he came in, he said they shot him. He couldn't say anything. That was the last time he said anything. When they got in they asked me where Ace is. They surrounded the house and they started shooting. I don't know how I got injured. Secondly they dragged me outside. Whilst they were dragging me out some of them went outside, I can't recall what happened inside the house but I just saw the house was on fire and

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the deceased was inside the house. They asked me where was I staying, I told them I am staying at the hostel. They said I must go back to the hostel but before I got there they were beating me with anything they had with them. They said I must sit down, they said that do you see the house is on fire. We want you to take out the minute book and his gun. I said I don't know these things you are talking about because during that day on my way I went to work, he is the one who is at home, he is not working. I don't know what he does during the day. I am not aware of any of these things that you are talking about. And there from one of them said come behind my back and run away. I don't know how I ran away. I was bleeding. My head was bleeding. After a while when it was quiet I stood up and I saw a Casper with white policemen. They asked whether is this Ace's house and somebody said yes. One of them answered and said yes. I waited for them to leave because I was frightened. I went to the very same house where I bought beers. The owner of the house called me in. I had only one shoe, I lost the one shoe. When I got there the owner of the house asked whether should I get transport for you to be taken to the clinic, I said no I am scared, they might come and finish me off at the clinic. He said okay I will give you a combi to take you to the hostel. I didn't realise how injured I was. I was just bleeding. The following day, because I didn't have clothes, the people, my co-residents here in the block helped me with clothes because I was intending to go to work. I didn't realise that I was injured. On my way out of the gate, it was round about half past four, these white policemen started shooting again and therefore we retreated. I never managed to go to work on that day. These ladies

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that I was residing with helped me. They washed me. They realised that I was shot in my body. They came with the reporters who came to take down some statements and from there on they took me to the doctor and my doctor said that he is scared to open, it was ten o'clock in the morning, but they told him that this person was injured. He did open but he said there is nothing that I can do, there is a bullet embedded in your body. I can just give you a reference letter to take you to Alex City and there they transferred me to GP straight. It was on a Wednesday and there they told me that I was injured and because this bullet is embedded in your bones we cannot be able to remove it, you will have to live with it. They only managed to extract it on the 2nd September in that year. In that September that year, whilst at work - the following Thursday I managed to go to work but they turned us away not to go to work. We used the Vasco Da Gama route. We couldn't go through the township. I got a lift that took me home and there Mike was already there at Khotso House and they called my employer at work to tell them that somebody will come and collect me. Yes, I was collected from work. All the people that I knew that used to work hand in hand were there. From there on, from Khotso House we tried to make funeral arrangements. Everything was burnt down. They gave me a cheque for R500 to try and help me with clothes and I shared it with his brother because he was not working at that moment. They were buried after four weeks. In that very same month, after they had been buried in September, whilst I was at work, two policemen arrived. White policemen. I remembered the one, he said his name was Lieutenant Kemp. He said he is coming to take down a statement. As I was giving him the

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statement I had this pain from this - I suffered from pain due to this bullet and then in this building they took me to a doctor. They took me to that doctor and left these policemen and when we came back from the doctor I continued with giving them the statement and they left. After having undergone the operation they called the hostel superintendent saying that he must come and call me, I couldn't go because I was confined to bed for ten days. As time went by I went to remove the stitches. They called me again at the office and they delivered a letter that was summonsing me to appear in court. I went with my brother to court. I think it was the magistrate's court - I don't remember clearly - in Randburg, where they asked me several questions. They wanted to know what makes me so certain that these were policemen. I told them the first one was Mtebi, the second one was John. Then they asked me where was John residing. I said he is staying in 3rd Avenue but I don't know his house number. They wanted to know whether I know his surname, I said no I don't. That was the last time I appeared in court. That was the end of the story.

MR LEWIN: Thank you very much Maria. If I could just ask one or two other questions to clarify the story. If I could take you back to tell us a little bit about Ace himself. I mean who was he, why was he so much the attention of police?

MRS MALAKOANE: Ace was a member of one of the organisations in the township. He was in Mike Buyi's organisation.

MR LEWIN: Is this the Alexandra Civic Association?

MRS MALAKOANE: It was the Alexandra Civic Association.

MR LEWIN: And that night when you were together at his house, was it?

MRS MALAKOANE: Yes.

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MR LEWIN: You were together there and you heard these people singing outside. Now you describe them as people in blue shirts, navy blue pants but with their shirts hanging out. Were they police?

MRS MALAKOANE: Yes, it was the police.

MR LEWIN: In your original statement you gave them another name as well. Do you remember that?

MRS MALAKOANE: My name is Maria Malokoane.

MR LEWIN: You gave the police another name, you called them the Makabasa police.

MRS MALAKOANE: Yes, they called themselves Makabasa.

MR LEWIN: So you knew them as Makabasa.

MRS MALAKOANE: Yes, I knew them as the Makabasas. That is the way they said it. But the one thing that made me certain that they were police whilst they were singing they came from the direction of the police station.

MR LEWIN: But this Mtebi that you mention, was he SAP or Makabasa or both?

MRS MALAKOANE: He was a SAP.

MR LEWIN: But you recognised him as Makabasa.

MRS MALAKOANE: Yes. He was with this crowd that were calling themselves Makabasa.

MR LEWIN: Okay. And then what actually happened to Ace after he came in? You described how he said he was shot and was holding his side. What happened actually to him after that?

MRS MALAKOANE: They went inside the house and asked where Ace is, I told them that he went inside the house and when he came in he just fell. I don't know what they did to him because they were already assaulting me. All I saw was that the house was on fire and he was there inside. He burnt

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inside the house.

MR LEWIN: So that is how he died you think.

MRS MALAKOANE: Yes, sir.

MR LEWIN: And then later you mentioned the funeral and you say they were buried. Who else was Ace buried together with?

MRS MALAKOANE: It was many people. There were supposed to be nine in number but only seven was buried. I don't know what happened to the other two but I don't know their names but it was a mass funeral, there were nine but seven were buried instead.

MR LEWIN: And they had all been shot or killed by police.

MRS MALAKOANE: I cannot ascertain that but I can say that it was the police because they were shooting in the township.

MR LEWIN: And was anything ever done about the assault on yourself? I mean were there any investigations either by the police or by anybody, did you report it to the court or to anybody?

MRS MALAKOANE: No, sir, nothing was done.

MR LEWIN: And what is the effect now on you? How do you feel, what is your health like as a result of this?

MRS MALAKOANE: No, I am not healthy at all. In March this year I was suffering from constant headaches. I tried to find some spectacles because I thought it was because of my eyes but I decided to change doctors this year in March. My doctor transferred me to Florence to Dr Tyon where they did a brain scan on me. Otherwise the headache it is still persistent but I do suffer from pain time and again.

MR LEWIN: Thanks very much. I will pass on to the other people. I am sure they have some questions too. Thank you.

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MS MKHIZE: We thank you very much Maria.

COMMISSIONER: Maria, were you married yet with Billy?

MRS MALAKOANE: No. No, we were not married.

COMMISSIONER: Did you have a child?

MRS MALAKOANE: No.

COMMISSIONER: Where are Billy's parents? Are they still alive?

MRS MALAKOANE: No, they passed away. They passed away after Billy's death.

COMMISSIONER: Is it because of Billy's death?

MRS MALAKOANE: No, it is just natural causes. The mother passed away due to a car accident.

MS MKHIZE: We thank you.

MS SOOKA: ... you recognise some of the Makabasa, you recognised Mtebi whose name has been mentioned quite often over the last two days. You also talked about John. What was John's surname?

MRS MALAKOANE: It is John Ranamani.

MS SOOKA: Do you know the other names as well?

MRS MALAKOANE: No, I don't.

MS SOOKA: One of the other witnesses today mentioned that the police in these incidents would simply take out their shirts and let it hang over their pants and they would tie some kind of cloth around their head and they would pretend that they were this group Makabasa. Was this your first experience with them?

MRS MALAKOANE: It was the first time I saw them dressed like that on that day.

MS SOOKA: Did you recognise the other people who were with these guys?

MRS MALAKOANE: No, as I said I only recognised two of them.

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MS SOOKA: Thank you.

MS MKHIZE: We thank you very much with your evidence that you have given here in front of us and we are grateful to know that you are still following this matter up although you didn't have any child with Billy. It is a good spirit of commitment. We thank you very much. We will keep on troubling you as long as we are investigating this matter. Our investigating unit will keep in contact with you should there be any further information that they will need from you. We have also heard about your health, about your persistent headaches. One other thing that we do is to help people with letters so that their hospitals must help them with less costs if they suffered due to these human rights violations. I think you as well, you will get help until we come to the end of your case. Thank you.

 
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