Human Rights Violation Hearings — Venda — 1996-10-03

FRANS NTENDELENI MAVHUNGA: (sworn states)

MR LYSTER: Now you have come to the Commission to tell us about the assault, detention for a lengthy period and assault on you by the police in approximately 1987, I see from your statement.  You are presently 35 years of age, you are unemployed and you are currently a member of the African National Congress.
 Now can you tell us in 1987, what were you doing?  Were you working, were you at school, were you unemployed, what were you doing?

FRANS NTENDELENI MAVHUNGA: 1987 I was not around, I'd gone to Masisi.  On coming back home, I found out that there was somebody who came as a visitor and I asked as to what was that person looking for and I was told that he didn't indicate exactly what he was looking for.
 And I asked as to where this person went and I was told that the other person took him to the Royal - or the sub-Headman. I went to the sub-Headmen and asked the sub-Headmen as to whether the sub-headmen knew about the person and he said he didn't know.
 I was forced to see the person who had been locked in, but the sub-Headmen denied because he said the person had 
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some firearm and we have referred the matter to the police and the police are on their way, coming.  I was forced to get into the house.
 I went to the hut and found that there was a tall guy who had some blankets on the floor and I asked him as to where he was coming from.  And he told us that he was from Zambia, he told me that he was from Zambia and I asked him as to where he was going and what he was coming there for.
 And he said he was just going around.  He was looking for Mr Rajibanga.  Just after that he said he had heavy load for him.  He wanted to carry or transport them.
 And I only said that I could only offer a paper bag to carry these things, but then I knew that on my way, that the police are on their way and if you don't make some plans they will kill you right in this hut.
 And then I said I'll move out so that they shall not realise that I am the one who was with you, then I went to the other place.  When I came back with the paper bag I went to the hut, then he took out a number of firearms from under the blanket and put them on the paper bag.
 And after five minutes I left to sleep, so that the people who were out should not realised that I was also involved in that.
 Thereafter, because he was also frightened on hearing that the police were coming, he left the same time when I left.
 That is where we met some other place and I directed him to wherever he wanted to and then he left.  So I went for a sleep.
 Twelve midnight, the police arrived and they were - I was just - when I woke up they had already arrested me and 
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asked me as to where that person had and the sub-Headmen referred them to this place.
 I only said I didn't know as it was understood that he was with the sub-Headmen and that is where the police took me out and we went to my other brother and some people were beaten there.
 Chiwane was there and Sumwayna, those are the people that I recognised who were leaving, they went back to the sub-Headman.  After which I went to work.  At work a phone came, I was working in a mine and I was made to believe that I was wanted by the police.
 The White man with whom I was working didn't want to release me because I was busy and the policeman forced that I shall be released and I was released.
 Going out, I saw Mr Chiwane there and we went straight to the police at Masisi.  Arriving at the police station there were a lot of Defence Force members and they said to me if you don't tell us today what happened to this person, you are going to see wonderful things.
 Then I went in at the police station where they were - the security police offices who wanted me to give evidence in full as to where the person had been and I denied vehemently knowing - that I said I left him with the sub-Headmen.
 And they said you are lying, you know where he is.  That is where I left, they gave the other police people were given to me, then we went to the other office so that I should say the true things.
 They said I was not prepared to give evidence although I was in the knowledge of what happened.  I then talked about a man that I knew there.  I don't even know what thing VENDA HEARING TRC/NORTH WEST
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they were using on beating me, they just beat me because they had racked my face and I couldn't even see what was happening.
 Thereafter, I denied, I resisted, saying I didn't know anything.  Thereafter I learnt that that person was found, that he was shot dead.  Thereafter the police came to me straight away and wanted to know why I was resisting and denying because we understand that there was a paper bag which was full of firearms.
 I denied even then and said I was not the one who gave him, but I knew that I was the one who did that, because I knew if I talk I had to say that, they would arrest me and beat me.
 They went on assaulting me, they beat me and I was taken to the police station to the cell and I was told that they were still looking for me.
 I was taken to the cell, police station.  I slept at the police station and the following day I was released.  They asked me further as to what happened and I said no, I don't know anything, I already told you that I don't know anything.
 And then I was made to kneel, it was around six o'clock, from six o'clock - up to six o'clock, they were all there activities, then they left.
 They sent me to the cell, the following day I was released.  Doing the same thing repeatedly, swearing at me and harassing me.
 And they took me again to the very same place, six two six and I went back to them the following day, doing the very same thing for three days.
 And I had to write a statement, Mr Chiwane assisting 
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me.  That is when I was arrested.  I stayed there for quite a number of days.  It was made of corrugated iron, there was only a toilet and a few blankets.
 One couldn't do anything good because it was just corrugated iron.  I was kept there for about six months without seeing anything.
 From there I was taken to court.  When I went to court it was remanded and I was requested to be outside and the Magistrate who was there, said no, you cannot be out on bail, or you cannot be out, so I had to go back to the cell again. 
 I stayed there, I went to court, it was remanded again, the same happened.  I stayed there for a number of days and then I left.
 And the case was remanded again and referred to - from Magistrate Masisi to Toyandu and I came to Regional Court.
 The witnesses gave their evidence and it was remanded, I went back to Masisi where I stayed for a long time.  I got ill while I was in the cell and I was sent to (indistinct) hospital.
 And they took me back in a van and I stayed in a cell and the case was referred to the Regional Court.  After that, when it was referred to the Regional Court I somebody pointed a finger at me and said, never do such a thing.
 And then, as I was there, I requested for a letter so that I shall go to work, so that they should know what happened.  Then I left to work at Tsukondeni Mine and told them that I was back.
 The colleagues, White colleagues that were working with me, said we wouldn't be able to accept you back as you are a terrorist.
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 That's when I went back home and in which case I went to search for another job.  The White man with whom I was working, he used to know me very well, his name was Thomas.
 He told me that if you are able go to Mandela, he will be able to help you.  Then I went off.  I went to (indistinct) to look for a job and then they offered me and that person came back and told the people who were my employers that they cannot accept this person because he is a terrorist.
 I had to go back home.