hrvtrans HUMAN RIGHTS VIOLATION HEARINGS 1996-06-25 WORCESTER 2 CT/00755 SIPHO JOSEPH SIXISHI SIPHO JOSEPH SIXISHI BRUTALLY ASSAULTED BY, AMASOLOMZI AND MUNICIPAL POLICE https://sabctrc.saha.org.za/hearing.php?id=56172&t=&tab=hearings https://sabctrc.saha.org.za/originals/hrvtrans/worcest/ct00755.htm DR BORAINE Now Chairperson we call Sipho Joseph Sixishi and ask him please to come to the witness stand. MR SIXISHI: Okay. DR BORAINE Do you mind if I call you Sipho? MR SIXISHI No DR BORAINE MR SIXISHI Yes DR BORAINE SIPHO JOSEPH SIXISHI Duly sworn states DR BORAINE MR SIXISHI DR BORAINE Yes you can. MR SIXISHI We went to the graveyard, when we got there we continued to the burial. On our way back we went to the family where the funeral was taking place, whilst we were washing our hands as it is culturally done so after the burial, we had some tea and whilst we dispersing we were going to our places. When I got to my place, I find my wife and my child I informed that I would like to have something to eat. Kokoloi Matroos beat me continuously, when I went out I could see there was a police van next to my door they pushed me. And the police together with the people that I presumed they were Inkatha members and they pushed me into the van, I could see that the van was full. We were - we drove off, it was going around the location and they were picking up everybody on their route. Mrubahta was amongst the people that were picked up also and we were taken to police station at Ashton. When we got there, there was lot of people, we were being just drove and taken in the wards inside the prison cells. After a while we were taken again away and we were taken to Robertson, again we were detained here. We were taken again for court appearance and this was continuing time and again because the case was always postponed. We were separated from the other group and then after a while they took us to Tygerberg Hospital. We got there, we were admitted, we were under police guard, we have been handcuffed although we were patients. Even if you go to the loo you have to be under police surveillance. The nurses told me that I was going to be taken for examination, I was taken with a stretcher after a while I was operated and then I was - I had a patch when I woke up and I could realised that my eye has been removed. I was admitted for few days again and then I was still under the police guard. After a few days I was taken to Paarl at the police station. When I got there at the police cells I was informed that others have been released and they got bail. A few minutes after Mrubahta was also brought in. After a few minutes we were called out and we were offered a bail, we were taken back to Montagu, I was afraid because we said we were injured. So we requested that the assistance of W Bosch who was a lawyer, so that we can claim for the injuries that we have sustained. And we were very perturbed because we were assaulted for not apparent reason. We went to the lawyers, we had to go to the Supreme Court again and the lawyer who was defending us was from Worcester. There were also advocates because we were going to Supreme Court and we had to go again after the few days. It was very strange because the Inkatha members were also here we had to continue. My wife was also a witness, I would like to emphasise that this was happening at Worcester - at the Supreme Court. Thereafter - after we have given our evidence the Inkatha members were also there Kokoloi, Jonas, Calata and Hanson was also here. DR BORAINE I want to thank you very much indeed end of Tape 1 , side A ... on that dreadful month in May 1986. One cannot but help comment that so often because funerals were the only public place where many people could gather for many years. That so much suffering took place before and during and after funerals in the community. A time that should be sacred was for you desecrated. I want to ask you just the few questions to help me to understand a little more. You mentioned on a number of occasions an organisation called Inkatha. Do you - is that the same as the vigilante group called Amasolomzi? I am not sure if I am pronouncing that right, Amasolomzi. MR SIXISHI Yes, it is the vigilantes DR BORAINE And on the day you were attacked in your home, there were the vigilantes and the police together ? MR SIXISHI Yes, it was the police and especially Hanson he was together with these members of the vigilantes whom I called the Inkatha members. DR BORAINE MR SIXISHI Yes, some of them were not policemen but we used to call them Inkatha although they were vigilantes, some of them were Xhosa speaking but they were always in the accompaniment of the police. DR BORAINE Now can you tell me, were you at any stage involved with any political organisation, yourself - were you politically active at that time ? MR SIXISHI I started after the assault, otherwise I was just an ordinary person I had never belonged to any organisation. But after the assault I felt that I should really take up arms and fight the - in the struggle because I could see that there is no other assistance that you could get because you could see that the people who attack us were assisted by the police. DR BORAINE [indistinct] much - so you were politicised as a result of this attack and this time you spent in prison. Can you tell me just a little bit more, when you were taken to prison, you were very badly injured. Your eye was especially badly beaten, how long were you in prison before you got medical attention for your eye and for your other injuries ? MR SIXISHI I was arrested in May and then we were kept there and I stayed there for a month and at the end of June I was released and I went back home. DR BORAINE How old were you at the time ? MR SIXISHI If I can remember very well, I think I was 2 years [intervention] DR BORAINE MR SIXISHI I had already - I was already married. DR BORAINE MR SIXISHI I am 36 years old now. DR BORAINE The point I was trying to understand was that you were a very young man when it happened. And you are still a young so when you go for employment you must tell them that you are not old, that you are a young man. MR SIXISHI DR BORAINE Did you - were you ever charged by the police, or by the Courts, because you told us that you were let out on bail, were you charged, and if so for what ? MR SIXISHI No, we were acquitted, the vigilantes - they took other people out of the cells and then they said we are people responsible for all the damages. There was another vigilante who came to witness against us and then he stated that we are innocent, that is when we were acquitted. DR BORAINE [indistinct] in jail was when you were detained, and left there without any charges for that month ? MR SIXISHI Yes, I was not guilty at all, I was detained for no apparent reason as I stated before. DR BORAINE Now you mentioned that you are unemployed and I want to know from you. How is your health now, you have an artificial eye and do you have any other medical problems or you are quite fit now ? MR SIXISHI At times I get - I feel that the eye is uncomfortable, I was informed that there were some veins and nerves which were affected by the assault. The other eye is also not very good. My eyesight is deteriorating - at times I have severe headaches. DR BORAINE [indistinct] Chairperson that includes my own questioning and I hand back to you now. CHAIRPERSON Thank you very much - Pumla Gobodo. MS GOBODO-MADIKIZELA Thank you Chairperson - thank you Sipho. When you say you look old because of the manner in which you were handled by the police and the people who were vigilantes, it is very painful because you can see that you cannot go back to the same condition in which you were before. You mentioned Mrubahta in your statement, is it Ntando that you are talking about ? MR SIXISHI There is another Mrubahta who stays in Ashton. MS GOBODO-MADIKIZELA Is it Ntando? MR SIXISHI No it is not Ntando. CHAIRPERSON Denzil Potgieter. ADV POTGIETER Thank you Chairperson - just one issue I just want to make sure that I followed your evidence correctly. Did you make a claim - did you a institute a claim for the assault - for the loss of your eye ? MR SIXISHI ADV POTGIETER Can you give us the details of the lawyer, which lawyer is it that you saw ? MR SIXISHI It is Krige, we call him the advocate is Krige who stays here in Worcester. He is Krige. ADV POTGIETER Thank you the - the case in Worcester that you spoke about. You spoke about the Supreme Court as well was that the case you were acquitted, where you were found not guilty ? MR SIXISHI Yes, at Supreme Court in Cape Town I went for claims because I cannot see well. So I felt that I have to go to the lawyers so that they can assist me because the other eye is also losing its capability. I wanted to claim for all the injuries that I sustained because I realised that I was acquitted and I was found not guilty. ADV POTGIETER If you - if you can help - you have referred to advocate . Krige whom we know, but did you see attorneys as well apart from Mr Krige? MR SIXISHI Some lawyers are not well known to me. I cannot remember very well. I know only Kromgel his here in Worcester. He is the one who communicated with advocate Krige. ADV POTGIETER Thank you very much. CHAIRPERSON Mr Sixishi, thank you very much and we are grateful that you have come here and we are sharing with you the experience that you did experience some time back. We cannot promise you much but we will try our utmost best to meet you and meet your needs. We would present every reports that we have from all the areas to our President so that he can evaluate and assess. Through this we hope that something may happen to assist you. We also believe that you might get assistance also if you can continue with your medication or medical attention so that you can find a relief. Thank you very much.