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Human Rights Violation Hearings

Type HUMAN RIGHTS VIOLATION HEARINGS

Starting Date 10 June 1996

Location KIMBERLEY

Day 1

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CASE NO: CT/00139

VICTIM: PHINEUS ADONIS

VIOLATION: SHOT WITH BIRDSHOT

TESTIMONY BY: ELISA ADONIS [mother]

DR BORAINE

Elisa Adonis we ask her please to come to the witness stand. Good afternoon Ms Adonis, can you hear me in the earphones. Good, thank you very [indistinct]

MS ADONIS

Yes, I can hear you.

DR BORAINE

You’ve had a long wait and you’ve been very-very patient and we are very grateful to you and you are most welcome. You are going to tell us about your son Phineus who suffered very deeply at the hands of the police in 1992. And all of you suffered during that time and even afterwards and you’re going to tell us that story and we are going to listen to you because you are important and we care very much about your experience.

Before I ask Glenda Wildschut to help you tell your own story, would you please stand for the taking of the oath.

ELISA ADONIS Duly sworn states

DR BORAINE

Right, thank you very much, please be seated. And I’ll ask Glenda Wildschut to take over from me please.

MS WILDSCHUT

Good afternoon Ms Adonis.

INTERPRETER

I’m sorry the witness doesn’t have the mike on.

MS WILDSCHUT

Good afternoon Ms Adonis how are you?

MS ADONIS

I’m very well thank you.

MS WILDSCHUT

[indistinct] a bit worried about talking today but we hope that and we will try to help you to tell your story in you own words. Are you hearing my voice through the earphones - she speaks Xhosa? Are you hearing a Xhosa translation in your ears?

MS ADONIS

Yes, I can.

MS WILDSCHUT

So we understand each other now?

MS ADONIS

Yes, I understand you very well.

MS WILDSCHUT

Could we start now, are you ready to start?

MS ADONIS

Yes, I’m ready.

MS WILDSCHUT

Okay, perhaps you can tell us a little about yourself, tell us who you are and where you stay and then could you also tell us about your son Phineus. How old was he at the time this happened and what he was doing at the time of the incident?

MS ADONIS

When these things happened he already had the child - he is married but I can just explain that this child was born out of wedlock. I am at Olifantshoek, that’s where I’m staying, I have been there for quite a long time at Olifantshoek. I’m married, I have children, some of my children are employed at Klerksdorp in Johannesburg, they are scattered all over and some of my children are still attending school.

When this incident started it was through the struggle. On this day it was on the 16th of June everybody was struggling. Very early in the morning we started and I was also involved. We went around all over and then we came back home. During that period the children continued toi-toiing in the streets and we were at home at the time. At a later stage I went back to get involved again, on my way to the incident and the occasion I could see that everybody was going to a certain spot because the police had already started to cordon the areas which were affected.

During the period of the lining up of the police nobody could go through their cordon but we advised each other not to run away but to just march properly. During the time where the police were standing just beyond my street we went just next to them. They started shooting and they didn’t even give shots - warning shots. Everybody was running all over - it was chaotic because the people didn’t expect this.

The children were running and everybody was running all over the place trying to hide from the bullet shots. My child was not yet seen where he was at the time. When I went back trying to see where my child is and also on my way home I met him on his way. And I tried to persuade him to come back home and not to go and join the group on the streets again. I persuaded him again but he ignored me, I even tempted him to come and have some lunch because we didn’t have anything to eat that day - he said he’ll come back later, I’ll just let him go.

It was not long but I was not happy because he - he went away and then I decided to join again to see but at the same time everybody was dispersed by now. When I went over, I went through some passages so that I can see what was going on without being seen by the police. On my way I met one of the children who was next door to me and this one was already shot by the police and he was on his knees. When he started to struggle to stand up, they shot him again. During that time he fell on the ground, he again tried to crawl so that he can be on his feel. I was on my way also but when I was just about to be - closer to this man I saw my son Phineus. I was looking at this one who’s dying but at the same time concerned about my child.

During that period on the same time I saw my son being shot at by the police, he ran away. When he went the other - to the other street I could see that he was trying to run towards my house. Then I went back to the victim who was already on the ground - tried to help him, dragged him along so that I can take him to my place. Then I went out again because my son was not yet inside, then when I went out I could see that some of the comrades were carrying him towards my place.

The police were still there on the other street, I again talked to my son and said you ignored my instruction not to go there, you went back again. Do you still believe that you have to go back, he said no I still believe that I have to go back. I’ve been shot at but I’m still alive, I also said I’m grateful that he’s still living.

We tried to pick up some of the people who were injured, took them in my place and we tried to remove the bullets from the bodies. Some of them were critically injured, they were unable to walk. I tried to help them, put some water - to boil water so that we can assist one another. I didn’t ever know what I was doing but I was just trying to be of help to all the victims who were there.

There was another gentleman who was not far from my place. He was an ANC member, that’s where we used to report our complaints, this gentleman was Mr Buthelezi. When he came in I went back to my room, I told him that he must come into my house and see what was happening. We were still applying first aid to all the people and the house was full. He advised me to take some money to get some blades so that we can remove some of the bullets. Some of them were deeply imbedded in the bodies and the skins of the people. So I did as I was instructed and kept on helping the people.

I saw the police man on my way to the shop because I wanted to go and buy some paraffin. Some of the policemen were just moving in and out the house because they could see that there some people who were accommodated in my place. Some were outside and the others were inside, they were all armed. Although I was afraid I went out and bought the paraffin and I came back. The house was getting fuller and fuller and I requested some of the comrades to keep - to keep the others company and also to be on the alert of what was happening.

They were also again - they were also afraid because they feared that the police might come and take them along. I tried to make them feel comfortable and reassured them that something - nothing would happen to them. We closed the door and then waited for the others to come and assist us. It was a bit late and it was during sunset and some of the people went back to their places.

As we waited for some of the people there were some cars which was coming in to take the people and some to the victims were unable to walk. So they were assisted - transported to their places and my son was still unavailable. I tried to take care of the other victim that I picked up earlier.

I didn’t sleep that night because I was panicking - I stayed awake for the whole night at the kitchen. Some of the people and my children were all asleep, my husband was also asleep and I felt that I cannot sleep. I couldn’t understand why the police were still around and I was also panicking - fearing that they might come again and take the children and some of the comrades to the prison and assault them.

As I was vigilant right in the middle of the night I was beginning doze but I felt that I should go out and relieve myself before I could go to sleep. On my way back I was just upstairs - going up the stairs, I could see the police who were jumping over the fence, they were in the - they were on the premises next door. The hippos were around but they jumped over, they didn’t go through the gate and they smashed my fence - they came into my house. I asked them what did they want into my house. They told me that they were looking for Phineus, I asked them why do they want Phineus, I even told them that you know that you have shot him during the day. They didn’t say much to me, they just kicked the door and they opened the door, the door cracked in the middle. They got into the house.

Whilst I was still surprised of what was happening and they were just getting into the house uninvited I was also afraid because everybody was asleep now and the - my boys were not in the house. God was with me because Michael came in during that period. When he came in Mzayitani was already in the house also. So they also stood next to the door of my room. When we were standing next to the dining room door we were guarding because we knew that Phineus was inside the room.

Mzayitani had a Gemsbok sjambok and then he put it - and put it on the roof. The police came in, Meshack I cannot remember the other policemen but he was a Coloured. They both came in, they were policemen. They went to the room and they took of the blankets from the person who was sleeping on the bed and they realised that it was Phineus. They didn’t ask anybody of what was happening, they just took him and forced him to stand up and stated that they were looking for him.

And they also said to us you were just protecting him, him must then stand up. He asked where we are going to, we struggled with the police because we tried to save our son Phineus, and we succeeded, Phineus was left into - into the - inside the room. We tried to stand steadfastly - it was a terrible fight, it was the whole night and we were trying to force the police to go out of the house. We cannot remember what the time - they came in. We cannot ever estimate what time it was when they left but it was such a big fight that at the end they gave up.

At a later stage they felt that they cannot just give up, they tried to force their way in again. But to their surprise Mzayitani my son and his elder brother were standing there. We took a bench and I hit one of the policemen - I don’t whether it was a policeman but it was a white man. I just assaulted him with this bench, his - he was a hefty man. He slapped me on the face and I went reeling round the house and then I fell down. When I stood up I assaulted him again - I took the same chair and hit him again. My children were also busy on the other side, when I stood up the second time. I took the chair again and I made my mark, but I wanted to hit him to the extent that I could have a mark on him but I was unsuccessful to do this.

He was fortunate because he was able to overpower me. He would slap me and this went on for quite a long time. At the end they stopped doing because everything was broken, they damaged most of my property inside. My eldest son decided to close the door whilst the police were still inside. He blew out the lamp and then the police decided that they were in danger. So they ran out one by one running for their lives. When they went out it was dark inside and we wanted to assault them whilst they could not see. They went out, I didn’t quite understand whether Phineus was still in house or not and we all went out. I was just puzzled, I didn’t know what to do.

When I went - when I went out I looked around and there was a child being assaulted by the police outside. I went back into the house - I took a stick and I gave him the other stick and I took the other one and we started assaulted this policemen. His name is Barnard, he’s a Coloured guy - we started hitting him. We even managed to give a scratch just above his - his eye and he also scratched Michael - Michael’s blood was flowing and he couldn’t see quite well. His shirt was torn and I kept on, on the other side assaulting him, hitting him.

While we were still hitting him, Mzayitani shouted from the house and he said, mum can you please come and help me. We dropped everything and went to help Mzayitani in the house. They were dragging him, they wanted him to be in the back of the hippo. Me and Michael stood again, fighting Mzayitani. They grabbed by his hair and they pulled all his hair from his head. They managed to - to let him jump over the fence. His two feet were on the fence and he managed to grab on top of the hippo and he pulled himself - he pushed himself back and then we took him into the house and put him on the floor.

The house was now full, it was doctors, farmers were around, shop owners were there, policemen were there - I didn’t quite understand what was happening.

Me and Michael wanted to push out way into the house because we could see something was happening. Flemming was there carrying a shotgun, pointing at us. And we asked him, why are you pointing this gun at us and he said - he said I will shoot you - I will shoot you. He was not far from us, he was just moving up and down - up and down you know but he couldn’t shoot us at all.

I can’t remember who came - was it a policeman or not. He stopped him, he said, men, stop - stop it. If you shoot you are going to make us lose the case now. Flemming left us there and he went off. In front of my house there’s a big tree, we all stood there. We were tired now and they were also tired. I don’t know but the tear gas cartridge came from one of them. I only saw Meshack holding this in his hand and together with the Coloured police. These were the police who - who threw the tear gas into my house. They just opened the door and threw the tear gas in and I was now puzzled what was happening because Phineus was now in the house.

The house was full of smoke. One could see because it was moving out of the window and the doors. And I asked Michael, Michael where are the children and he said, no I don’t know. We went into the smoke, the house was full of smoke. We went into the bedrooms to search for the kids, we were coughing. It felt as if one’s chest was open and my eyes were itchy. I said no this is now enough I want to get out now. I searched for the children outside - I could only get one and the others were no where to be found.

When I looked carefully I saw the other girl getting out of the house. I think she was hiding somewhere there. She was staggering because of the smoke and she only fell. The police themselves took her and they let her sit on the floor and I asked Michael, Michael where is the little one, my grandchild and he said, no I don’t know where the child is. While we were still looking this child came out of the house, Phineus was grabbing him by his hand.

Phineus left him just at the kitchen door and he went around the house. Now the police didn’t see whether was it Phineus or not because his hand was bandaged. He was running with his underpants only, his pairs of trousers was a like a skirt. He jumped over the fence and ran and he disappeared somewhere.

The next morning a woman arrived, that’s where Phineus slept. It was at 5 o’clock when she arrived and she said to me can I please give her Phineus’ clothes. She said to me Phineus wanted only his clothes and I said to her if you want clothes it would be better for him to come home. And the women said to me no he’s afraid to come home because the police would come and fetch him. I said no tell him to come home, even if they arrest him it’s not a problem. And I sent his younger brother Mxholise to fetch him and they both came back.

He went alone to the doctor - I wasn’t with him. Buthelezi took him to the doctor, Buthelezi also came the next morning to investigate what happened at the house. He saw everything, even the transportation of the children Buthelezi was responsible. He even took my son to the doctor, they took him to Postmasburg and at Postmasburg he was told that they don’t work with comrades. They went over to Kathu to see Dr Cronje. Dr Cronje helped all the people who came to see him and they came back home.

Buthelezi didn’t tell me what - what did the doctor ask him and I didn’t even inquire from them what happened because we were all mixed up. We didn’t have a house to stay because the house was full of smoke. For five months we didn’t stay in that house.

MS WILDSCHUT

Could you just tell us what has happened to Phineus since, what happened to Phineus?

MS ADONIS

They dragged Phineus, his whole body was damaged - even the head. The lips as well, I think those bullets are still in his body even now. Some of the bullets are on his head and his whole body was damaged. I left him during those struggle and I sent him home - that is in Mandibogo, I wanted him to go and rest. I thought I was helping myself when I let him run away, I only heard later that there is another gentleman who - who normally goes to Kuruman to - to stock for his shop and I asked this gentleman to give him lift together with Mzayitani.

This gentleman said to me well that’s fine I will give them a lift and my son went to his shop so that they can leave together. This is not the real owner of the shop, he is only working at the shop. He’s duty is actually to go and fetch the stock from Kuruman so that the shop can be filled. Now the owner of the shop hired this gentleman’s van.

Mzayutani and Phineus went to him and they were on their way to Mandibogo because I wanted him to go and rest there because I thought he would be quickly healed. Just after they have left the owner of this car passes through his house and he parked the car very close to the road and he walked into his house.

I want to say this - I’m personally - I personally think he called the police because on their way to Kuruman the police were already waiting for them on the road and they stopped him. After stopping him one car stopped at the back and they said to him, open your car. This gentleman knew exactly - I want to say this. This is my own feeling, the police opened the door and they said, get out we want you. They said to him, you think it was yesterday at your place when we were being chased away.

And he got out of the car, Mzayitani alone was left in the car and he went over with this gentleman to my home. The police took Phineus on the road and they came back with him, they arrested him. On the same day - it was midday - I got the message that my son didn’t arrive at Mandibogo, I only learned that he was in jail. I was puzzled - I said I sent my son with this gentleman. He was supposed to come and tell me that my son had been arrested.

I waited at home thinking that he would come, the next morning - it was a Saturday morning - I was - I was preparing myself for a funeral because we were going to bury the other comrades and I just passed through the house of this gentleman. That’s Benson Nyosi, when I got into his brother in laws house he said - he said to me wait for me please I’m also on my way to the funeral.

Well I waited a while so that he can be ready, while waiting the gentleman who took my son with him came end of Tape 2, side B…

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