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Human Rights Violation Hearings

Type HUMAN RIGHTS VIOLATIONS, SUBMISSIONS QUESTIONS AND ANSWERS

Starting Date 22 May 1997

Location ERMELO

Day 1

Names MADODA L MBOKANE

Case Number JB3759

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MR LEWIN: Do you have earphones ?

MR MBOKANE: Yes.

MR LEWIN: You can. Will you be speaking in English or Zulu ?

MR MBOKANE: In Zulu.

MR LEWIN: Fine. Thanks very much for coming. Before asking Doctor Ally to lead you in your evidence, I would ask Tom Manthata please to swear you in.

MR MANTHATA: Can you raise up your ... fine, good. Can you swear that the evidence you are going to give here will be the truth and nothing else but the truth, so help me God.

MADODA MBOKANE : (sworn states)

MR LEWIN: Doctor Ally, could you please lead ?

DR ALLY: Welcome Madoda. The events which you are going to relate to us is also part of this conflict that we’ve been hearing about so much to-day. The conflict between, on the one side the Black Cats and then the other side, the Comrades and you were caught up in that conflict yourself. I’d like you to just tell us your experience and what happened to you.

MR MBOKANE: It was on the 28th of July, on Sunday at Umzulu Street. There was a conflict. One of the leaders of the Black Cats was shot. In that confusion one of my brothers who wasn’t there went to the scene where there was shooting and one of the leaders of Black Cats was shot. He tried to help Zwee by taking the watch from his wrist and he was going to report to the Black Cats that he has been shot. One person by the name of Boblina came to our house to tell us that Zwee has been shot and he’s dead. Thereafter they went to tell the Black Cats and the Black Cats came to our house to investigate the matter to find out what happened to Zwee. The Black Cat thought Zwee had been betrayed by Bob. They tried to ask us a lot of questions but we didn’t know anything. The following Monday they came to tell us that it’s possible they might come back to attack us. On that Monday they never came back to attack us.

On the 30th of July, it was on Tuesday, we were sitting at home with the family and we were discussing family matters. It was in the evening. While sitting there the deceased, Bob’s mother heard a knock at the door, the front door. When she went to investigate she could see that this might be the people. She tried to ask them as to who they were. One of them answered saying he’s Themba. It was so confusing and we just kept quiet. They started kicking the door. I wasn’t sure whether they shot at the door or whether they hacked with a panga. As we used to call the deceased Kohli and we asked, why do you have to close the door. While we were still there two people entered the house. One of them was wearing a balaclava and he shot, he pointed at the deceased with a firearm and they asked where Bob was and we told them Bob was not at home. They took us and put us into the deceased room. They were taking the mother throughout all the rooms trying to search for Bob and we really told them that we didn’t know where Bob was. Therefore they continued their rounds, searching the house with Bob’s mother. She tried to lead them or bribe them and she called someone by the name of Kanage. As she was a Shabeen Queen she tried to persuade them not to do what they wanted to do. She tried to give them some money. They took the money and everything and (indistinct) it together. They switched off the lights in the room where we were. They took Bob’s mother to the kitchen and when they arrived at the kitchen they shot her. It was so late and dark.

They ran away and they were shooting as they were running away. We didn’t see when the grenade was thrown at us because it was dark. As I was running away from that incident, as I was trying to run I happened to step on top of the grenade. It exploded. I discovered waking up lying on the bed and I was oozing blood. I couldn’t walk and I was confused. The people were also confused. They even offered to go and see what happened to Bob’s mother. I asked them to go and find out how she was. They also tried to attack the front room but they failed. Most of the people ran away and I was left alone because I couldn’t walk.

Later when I talked to my Mom, I called her and told her, it looks like I’m going to die. I asked her to take me to my place. Just to take me to my home and I crawled. When I arrived at my grandma’s place, I felt that I was going to die on the road. Therefore I crawled next to one neighbour. The neighbour took me into the house and I asked the neighbour to try the next neighbour, to ask the neighbour next door to take me to hospital. She said she’s afraid because there was fighting outside. She couldn’t. They tried to go and make a call. They called for an ambulance. After that I couldn’t remember what happened because I’ve got some problem in remembering things. I’ve have some pains on my feet and all my trousers were torn and I thought I’m going to be cripple at that time. They took me on an ambulance to hospital. I stayed in hospital for about two months. I would say that the Black Cats working in collaboration with the police, searched for Bob and they found him together with my brother. They were suspecting there were people who knew exactly what happened on Zwee. I don’t know as to how the trial lasted but they went to court and they ended up winning the case and that’s where it ends.

DR ALLY: Thank you Madoda. Your own injuries as a result of what happened when your house was attacked, do you, are you still suffering from the after effects of that injury ? What is your health like presently ?

MR MBOKANE: I would say it’s so persistent at the moment because, firstly I would like to say that I grew under the hands of Bob’s mother and this incident put me in a situation where I’m in great sorrow because I don’t what to do for the children at the moment and my legs also cold and I always like to feel like going outside where it’s sunny, to stay and relax.

DR ALLY: Were you still at school at the time that this happened ?

MR MBOKANE: No.

DR ALLY: What were you doing at that time ?

MR MBOKANE: I used to work with the deceased’s mother, trying to help her make ends meet.

DR ALLY: And presently, what do you do ?

MR MBOKANE: At the moment I’m not doing anything.

DR ALLY: Do you still receive any medical help ? Are you on any medication or anything like that ?

MR MBOKANE: No.

DR ALLY: Madoda, this conflict between the Black Cats and The Comrades, what is your understanding of what this conflict was about ? It claimed so many lives that led to people dying in such horrible circumstances. Can you share with us how you understood what was going on ?

MR MBOKANE: I would say that it started long ago during the anti-crime campaign and trying to help the community against people who robbed the people in the community. I discovered, I wasn’t in the location but when I arrived I was told that there’s conflict in the location. It’s not about the anti-crime campaign anymore, it’s now the Black Cats fighting against The Comrades and the Civics.

DR ALLY: This anit-crime campaign, do you have any idea when it began ? When it started , more or less ?

MR MBOKANE: It started during 1990 while the people were fighting for decrease of rent.

DR ALLY: And you yourself, did you join any political grouping ? Were you involved in any way politically in the township, in the community ?

MR MBOKANE: I was an ANC member.

DR ALLY: Now the other thing about this conflict is often there are accounts of people shooting with firearms, guns, hand grenades. Were the Black Cats generally armed ? Did they have weapons most of the time ?

MR MBOKANE: The Black Cats were working in collaboration with the police because most cases where they were to attack The Comrades, the policemen would be running in front of the Black Cats.

DR ALLY: And The Comrades, did they also have arms ? Did they have guns ?

MR MBOKANE: I will put it like this. I don’t know much about them being armed with firearms because they normally defended themselves with pangas and with some knopkierries.

DR ALLY: And is it true that The Comrades would often also attack people who they believed to be members of the Black Cats ?

MR MBOKANE: No. The Comrades to attack, it was because the Black Cats started attacking The Comrades before. The Comrades realized that they won’t stand for this and they have to protect themselves.

DR ALLY: I know you spoke about the police and saying that they collaborated with the Black Cats but did the community, The Comrades,. did they make attempts to go to the police to report on the activities of these so-called Black Cats ? Do you have any knowledge of that ?

MR MBOKANE: Yes, we, The Comrades used to go to the police but the police never took the matter further.

DR ALLY: Apparently in the last few days in July 1990, just before, there was an attempt by police to try and bring these two groups together. To bring the youth who were seen as Comrades and to bring the so-called Black Cats or Karate’s was the other name used, to try and get them to resolve their differences. Do you know about this meeting that the police tried to call late in July 1990 ?

MR MBOKANE: I don’t know about that.

DR ALLY: Do you know of any attempts which the police made to try and bring these groups together, to try and bring about some resolution of the conflict ?

MR MBOKANE: As I’ve explained before, I don’t know much about that.

DR ALLY: And this Zwee Zwane, did you know him ?

MR MBOKANE: Yes, I knew him.

DR ALLY: And was he a leading member of the Black Cats ?

MR MBOKANE: Excuse me ?

DR ALLY: Was he a member of the Black Cats. Was he seen as a leading member ?

MR MBOKANE: Correct.

DR ALLY: And how was he killed ? Do you know ? What did you hear about the way he was killed ?

MR MBOKANE: I heard from others that he has been killed and I don’t know who killed him.

DR ALLY: And how was he killed ? Were you told that ? Did you hear perhaps if he was shot, stabbed ? What ....

MR MBOKANE: I heard he was shot.

DR ALLY: .... has remained.

MR MBOKANE: It looks like it has subsided.

DR ALLY: What are relationships like now in, what’s the relationship like between people who perceive to be on the one side and those on the other side, now in the township ?

MR MBOKANE: Yes, it looks peaceful because Comrades can go any place in the township and we live in peace.

DR ALLY: And are there still people who were members of what was then called the Black Cats who still live in the community ?

MR MBOKANE: That’s correct.

DR ALLY: And are they also safe ? And would you say that they also consider themselves to be quite safe ? Do they feel safe as well in the community ?

MR MBOKANE: It looks like that. They seem to be safe too.

DR ALLY: And you personally, by coming to the Commission, what are you hoping for ? What were your reasons for making this statement and coming to the Commission ?

MR MBOKANE: It was because I was so badly injured, I thought maybe the Commission might do something to help me personally.

DR ALLY: Thank you very much Madoda.

MR LEWIN: Thank you Doctor Ally. Tom ? Madoda could I ask you, you say you’re unemployed at the moment. Is that correct ?

MR MBOKANE: That’s correct.

MR LEWIN: Do you have any particular skills that you have developed yourself which might get you some sort of employment ?

MR MBOKANE: I don’t have any particular skill at the time. Before, I used to sing. I was a musician but not any more, since the event, because I was injured in my feet.

MR LEWIN: Have you thought of trying perhaps of trying to find something like that ? To develop you singing skills ?

MR MBOKANE: The way I was injured, I was a drummer but I don’t see myself making it in that area anymore since this event.

MR LEWIN: Have you approached anyone about the possibility of some sort of disability grant ?

MR MBOKANE: No, I haven’t.

MR LEWIN: And I mean have you spoken to anyone about the need that you obviously have, which you’ve expressed yourself about how to get over this harsh experience ? Have you approached anyone for counselling for instance ?

MR MBOKANE: No.

MR LEWIN: I think that’s something that we would recommend that you do. I think I would like to, in thanking you for coming forward, I think what, you have something unique to tell. You have your own story which is very unique and a very strong part of that story is that, as you put it, you thought you were going to die when you stood on this grenade. That is something that is both very terrifying and at the same time must somehow give you strength because you survived an attack which could have killed you. You were in a situation, in this conflict between, for instance between The Cats and The Comrades. You were in a position where you could have died. Is that not so ? Others died around you and you have survived that which must be a great source of relief on the one hand but also of strength. So I think what we would, in thanking you for coming and in thanking you also as you say, you’ve come forward to make sure the people know what happened and to see whether we can help. We can help but perhaps I think the more important thing is that you can help yourself and what we would urge you to do is to start doing that because people will look up to you. You’re still a very young person. You have talents you need to develop those talents. You need also to seek help from the community, to ask how you can develop it. Certainly we will investigate the possibility that there might be for you but we’d like, in thanking you I’d like to say, you know, use the strength that you have, that you have shown in coming forward and having survived that attack. Thank you very much for coming.

 
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