hrvtrans HUMAN RIGHTS VIOLATION HEARINGS 1996-08-12 BEAUFORT WEST 1 CT/00358 SIDNEY YABO SIDNEY YABO SHOT BY KITSKONSTABELS https://sabctrc.saha.org.za/hearing.php?id=54952&t=&tab=hearings https://sabctrc.saha.org.za/originals/hrvtrans/beaufort/ct00358.htm MS BURTON Good afternoon, Mr Yabo. MR YABO Good afternoon. MS BURTON MR YABO MS BURTON No? MR YABO Can I speak Afrikaans? MS BURTON Can you hear me all right? MR YABO Ja. MS BURTON SIDNEY YABO Duly sworn states MS BURTON Thank you very much. UNKNOWN Bietjie voorentoe, skuif voorentoe. Okay, okay. MS BURTON Adv Denzil Potgieter is going to assist you to tell us your story. ADV POTGIETER Your story takes us back to the situation in Beaufort West, during a short period of a few months, when kitskonstabels were working here in the residential areas. And earlier this morning we received a background picture from Joyce Seroke about the situation in Beaufort West at the time where kitskonstabels were patrolling the areas, and your story is once again going to take us back to those incidence. You, in fact, were the first victim of five - first of five victims which Joyce Seroke referred to who were either killed or seriously injured during the reign of the - of terror of the kitskonstabels, so we are going to listen to your evidence now, which is about a shooting incident on the 20th of June 1987. So I would like to begin by asking you to explain to us what happened on the 20th of June 1987. MR YABO Can I start? ADV POTGIETER You may. MR YABO We came from a nightclub and were on our way home - it was approximately ADV POTGIETER MR YABO Yes. ADV POTGIETER Where did this happen? MR YABO At KwaMandlekosi location. ADV POTGIETER Could you just repeat that please? MR YABO In the location. ADV POTGIETER Were you on your way home? MR YABO Yes. ADV POTGIETER Were you walking by yourself? MR YABO Yes. ADV POTGIETER Do you know who - who shot you? MR YABO I heard afterwards that James Mbami had shot me threw the window - he had shot me threw the window. ADV POTGIETER MR YABO ADV POTGIETER MR YABO Yes. ADV POTGIETER MR YABO Yes. ADV POTGIETER MR YABO No. ADV POTGIETER So, you were shot and you were taken to the hospital and you say that afterwards you were taken to Tygerberg Hospital in Cape Town? MR YABO Yes. ADV POTGIETER Did - were you operated upon? MR YABO Yes. ADV POTGIETER Which part of your body? MR YABO My eyes. ADV POTGIETER Both your eyes? MR YABO Yes. ADV POTGIETER So they removed both your eyes? MR YABO Yes. ADV POTGIETER Were you shot in the face? MR YABO Yes. ADV POTGIETER And what did they say to you what - what type of weapon was used? MR YABO These long weapons of theirs - these which shoot the pellets - the shotguns - rifles. ADV POTGIETER You were shot with a rifle? MR YABO Yes. ADV POTGIETER And you say that when you were finish at Tygerberg Hospital, you were arrested? MR YABO Yes. ADV POTGIETER What for? MR YABO For public violence. ADV POTGIETER For public violence? MR YABO Yes. ADV POTGIETER What do they say, what had you done? MR YABO ADV POTGIETER MR YABO ADV POTGIETER And there was a court case. Did James Mbami give evidence in Court? MR YABO Yes. ADV POTGIETER And what did the Court have to say about his evidence - did they reject it? MR YABO Yes. ADV POTGIETER Did you also give evidence? MR YABO Yes, I also did. ADV POTGIETER And did the Court except your evidence? MR YABO Yes - no. ADV POTGIETER Did you lay a charge against him? MR YABO The attorney did. ADV POTGIETER Did you not lay a charge against him at the Police Station? MR YABO No. ADV POTGIETER And you say that there was some money paid out in this case? MR YABO Yes. ADV POTGIETER To - against whom was the claim instituted - against the State? MR YABO Yes. ADV POTGIETER And how much was then paid out to you? MR YABO R12,500-00. ADV POTGIETER Is this the money you received? MR YABO Yes. ADV POTGIETER But how much did the State actually pay out? MR YABO R150,000-00. ADV POTGIETER And was this money paid to the attorneys? MR YABO Yes. ADV POTGIETER Which attorneys were these? MR YABO E Moesa ADV POTGIETER What did they say about the balance of the money, what did they say where was it? MR YABO Monkey told me that the money was invested in Cape Town and that every month he would bring me some money. ADV POTGIETER When was this money paid out? MR YABO He came to give me on the 10th of February - he gave me this money. ADV POTGIETER When last did you speak to them? MR YABO ADV POTGIETER You - of - did you try phoning him? MR YABO Yes. ADV POTGIETER When last did you get him on the telephone? MR YABO A few months ago. ADV POTGIETER Has it been longer than that? MR YABO Yes. ADV POTGIETER This James Mbami - who shot at you - where is he now? MR YABO He shot himself. ADV POTGIETER When? MR YABO I think it was last year. ADV POTGIETER MR YABO ADV POTGIETER MR YABO ADV POTGIETER MR YABO No. ADV POTGIETER MR YABO Yes. ADV POTGIETER Okay, thank you Mr Yabo. Thank you, any questions from the Commissioners, Mary Burton. MS BURTON MR YABO Yes. CHAIRPERSON Any other? Sidney, we thank you for your presents here and we thank you - we thank you for coming to talk here and we sympathize with you and we also feel for you whiles walking down the street you had to be shot. We are going to try and hear from your lawyers as to - as to what happened to the - balance of the money. As I said earlier, that - there are many who have suffered but what can give hope is that what they suffered for they have gained for it, because here we are now we have gained freedom that we have been wishing for. So you also have a contribution into this freedom through the pain you have suffered. MR YABO I will. CHAIRPERSON MR YABO CHAIRPERSON Okay, we therefor thank you, Sir.