Mthatha students claim police shot at them with live ammunition during chaotic protest on N2 in May

13 Aug 2024

An inquiry by the SA Human Rights Commission began on Tuesday into the shooting of nine students from Walter Sisulu University during a protest.

‘Twelve years after the Marikana massacre, nothing has changed,” said Omhle Ntshingila from Right2Protest on Tuesday. She was testifying before the SA Human Rights Commission (SAHRC) at an inquiry into allegations that live ammunition was used by the police and security companies during student protests in Mthatha this year.

Ntshingila said that three out of every five students who contacted the Right2Protest hotline asked for assistance after encountering police brutality and misconduct by private security companies.

“The use of … live ammunition is still a reality in South Africa,” she said. “The SAPS has not changed the way they respond to protests.”

A week before the 29 May general elections, students who were struggling to access accommodation and transport stipends through the National Student Financial Aid Scheme (NSFAS) held a sit-in at the two Walter Sisulu University campuses in Mthatha, Eastern Cape. Emotions were running high as many faced eviction from their university and private residences.

No resolution was reached that week.

On Monday, 27 May there was a violent taxi strike in Mthatha, during which masked men tried to seize control of the Mthatha Airport.

Read more: Two men criminally charged for trying to violently force the closure of Mthatha Airport

The N2 highway was closed and traffic stretched for kilometres while protesters burnt tyres and blocked the road. Trucks were looted. The police and the South African National Defence Force were deployed to quell the protest.

Taxi operators were on strike because the police had confiscated more than 50 firearms from their members the previous weekend. They claimed that they were being disarmed because the police were on the side of a rival taxi association.

Read more: Defence force deployed, premier vows to probe taxi violence after calm returns to Mthatha and N2

Student sit-in

After an incident the previous Friday when a security company reportedly used pepper spray and shot “silver balls” at students conducting a sit-in and shutdown at the university’s Mthatha campuses, students decided to also protest on the N2 that Monday to have their grievances addressed.

The students said that when they burnt tyres on the highway they were fired on with live ammunition.

The SRC leader at the university’s Mthatha campus, Themba Zikhali, told the inquiry that their protest, which began with a sit-in the week before, had initially been peaceful.

“But nothing happened,” said Zikhali — their problems were not addressed.

On that Friday, the university contracted the services of a private security company. Zikhali said guards pepper-sprayed protesting students and shot what he called silver balls at them. He said the security personnel were “trigger-happy” and had pointed their firearms at students.

On Monday, 27 May students went on “full strike”. Zikhali said that nine students were shot while protesting on the N2. Students retaliated by throwing stones at the police.

Read more: Police officers come under fire in Mthatha as taxi violence spirals out of control

“We rushed to the police station and asked: ‘Are you shooting students?’ They replied, ‘Why must we not shoot when you are throwing stones at us?’

“They came at us with guns; we retaliated with stones,” he told the commission. “These were not rubber bullets.”

He said it was untrue that the students had joined the taxi operators in their protest.

Read more: Taxi violence surge — Mthatha blocked off as gunshots heard, people warned to stay indoors

Referring to the incident when the security guards pepper-sprayed and allegedly shot at students holding a sit-in, he said: “Students said that if the school was fighting violence with violence, we too would use violence.”

Zikhali said he pleaded with them not to use violence.

“I stopped them from striking on Friday. I said, ‘If the police arrest you today you will be in prison for the whole weekend.’ They then said, ‘We will go on Monday.’ We had multiple engagements with the university but had reached a deadlock.

“The students said on Monday, “We must block the N2.’ We have a communication group where we send messages to the students. We pleaded with them not to antagonise the police,” he said.

The police have not yet provided evidence at the inquiry, but at the time a police spokesperson said: “No live ammunition was used on protesting students at WSU University. Only rubber bullets and stun grenades were used to disperse them.”

Student testimony

Students who testified claimed that the police and security guards who responded to the protest used unnecessary force.

Lungile Ndlovu said he was shot at by security guards while taking part in the sit-in.

“The security company came to shoot us,” he said. “Some of us were injured. I was shot in my right leg.” Both of the bones in his lower leg were broken and he spent three weeks in hospital.

Ndlovu said he had opened a case with the police. “The security guards didn’t warn us. They just started shooting at us. They were trying to disperse us,” he said.

He said there were more than 40 students with him and some had helped him to an ambulance.

“The security officials ran away.”

Dumisani Khoza said he was shot in the buttocks while burning tyres on the N2.

“We were instructed not to fight the police if they come, but to negotiate first. The instruction came from the SRC; they said it must be peaceful. There was no violence that was supposed to happen there. I was shot while running away,” he said.

“The doctors said they can’t take out the bullet so it is still in my body,” he said. “I am still traumatised.

“I haven’t reported it to the police, but I don’t know the procedures of opening a case against the police. I want justice done. I want those people who shot us to be held accountable.”

He said the police officers who shot him were in tactical gear and wore masks. They were not driving a police van but came in an unmarked SUV.

“They started shooting with rubber bullets. We ran into campus. Some students had fallen behind. When we turned back to help them I was shot.”

He said uniformed officers returned in a marked police vehicle and students threw sticks and stones at them.

“When I was shot I first thought it was a rubber bullet. I ran for a few steps before I fell. My fellow students called the ambulance.”

Nhlakanipho Mfuma said he was shot in the ribs under his left arm with live ammunition from an R5 rifle.

“I didn’t faint but I felt like I was losing my energy, my strength. I don’t know why they shot at us. We were burning tyres on the N2. When we started running away we saw some students being shot at and I turned around to help them. That is when I got shot,” he said.

He said he was admitted to hospital and discharged the following day.

“I just want justice to be seen to be done,” he said. “The pictures of what I saw that day looked like those of 16 June 1976.”

The inquiry continues on Wednesday. DM

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Student sit-in

Student testimony