Human Rights Violation Hearings — Tzaneen — 1997-04-10

KOMAPE MOLAPO: It was in 1987 in January.  I cannot remember well the date but it was on Saturday.  I went to that hotel but I was going to the bottle store.  I was with a friend of mine and we were looking for some drinks there.  When I wanted to buy some drinks some policemen approached me and there were many of them.  More that twenty policemen from Lebowa.  They said to me they were looking for me and that I should leave that place and they  promised that  they will release me to go back and buy my drinks.  I went with them to go and talk with them.
 When we got outside I realised that almost all the police cars were there to fetch me.  They put me into their car and they took me to their police station.  They put me at their reception at their station and they were ignoring me and, but they were helping other people at the station.  At around past five they asked me what I knew about the people's court.  I told them that I knew nothing about the police, people's court and I told them I didn't even know  what animal was that one and they told me that they heard that I was the magistrate for that people's court.  I told them that I wanted to see that person who reported that I was the magistrate of that people's court that I did not know anything about.  I was left in a room with only three policemen and the fourth one came in to guard me at the back and the fifth one came again to stop the other entrance which went into the other cells.  They asked me to lie down so that they could beat me up.  I told them, they were not going to beat me up.  They tried to beat me with sjamboks and I was just quiet and they started kicking me and beating me up with fists.  Only three policemen were beating me up.  The other two were just guarding me.   And they told me that if I could beat them back they were going to kill me.  I was just blocking their fists and their kicks so that they could not  hit me on my private parts but they were beating me up.  They were kicking me and, until they got tired.  Like chickens.  They were all tired of beating me up, because I was not fighting them back.  
 At the end they took me to the other cell and all what was left was the buttons of my shirt.  They put me there for the week-end and I was hoping that on Monday they would take me to trial.  They left me inside at the waiting room for the whole day and they didn't take my papers to the magistrate.  They could not allow people to come to see me.  They tried to, the community tried to look for a lawyer and at last my wife and my relatives were able to, to see me and on Thursday of that week they released me.  They actually didn't release me,  they took me to trial  but at the court they didn't want me to say anything.  I tried to raise my hand to ask the magistrate to give me free bail so that I could and consult the doctor.  He said no.  I borrowed a shirt from one guy and I took it off and I showed him how badly  I was injured and I could only treat those injuries with the green soap and, and water.  They, they released me so that I could consult a doctor.  
 From there I went to their station commander to open up a case.  It took  him a week and he was quiet but the second week he asked me to point who was torturing me I pointed the policemen and he promised that he'll call me to come to trial.  Up to to-day they never called me.  I'm still waiting for them.  
 I have a third case.  It was in 1990 in January.  I also don't remember the date but it was on Monday.  I went to Phalaborwa town.  I was wearing a T-shirt which had names of Sisulu and  his comrades.  I went to a bank and I was going to a nearby shop and two White men came to me running.  The other one grabbed me with my T-shirt and the other grabbed my belt.  As I was trying to see and ask them what was wrong they showed me their police identity cards.  They took me to their station.  They took me to their security branch offices.  
 When we arrived there, there were only two Black policemen.  They said they must go out.  There was a TV in that little office, cassettes and some machines in there.  They said I should take off my shirt and they started questioning me about the ANC.  I told them that they could ask me about Cosatu or Chemical Industrial Union but I knew nothing about the ANC.  They said, why are you wearing this T-shirt  don't you know it belongs to the communists?  
 In that room the, all the other guys were asking me about Shangaan, the other Insebedi, the other English, the other in Afrikaans.  The other one was asking me in funikalore!  At the same time and they wanted me to answer all their questions at the same time.  The other guy, I think he was their senior in Phalaborwa, he was threatening me, telling me that I should know that I would never see my wife again, my friends and that I will never go back to work again.  And that, that was my day.  I laughed at him.  He started getting angry and he pointed me with a finger and say, why are you laughing at me.  I said you could do anything but I will meet him in heaven.  They tried to ask me those funny questions until this guy from Phalaborwa phoned.  I think he phoned Jo'burg offices.  I overheard his conversation that  he was agreeing to whatever they were telling him, that there were lots of those T-shirts in my area and where they took me there were other guys who were wearing those T-shirts but I think I was just unfortunate, that's why  I was taken to the station.  
 Later on they called a Black colleague of theirs.  They put back that T-shirt on the other side as if I was a mad person and they took me to Namagale to my house so that I should change that T-shirt and give it to them.  I told Serfontein about that case, because he, he was our lawyer here in the Northern Province.  It took him only two weeks and he sent me a letter telling me that he's talked to the other boer policeman and that boer told him that he took the matter to Pretoria and he told him that Pretoria could only tell them whether I'm guilty or not.  That was the end.

THOMAS MANTHATA: Thank you, Komape.  Don't you have the fourth case?  According to the third case did they take you to the police station.

KOMAPE MOLAPO: They took me to their offices, not the, it's not the police station.

THOMAS MANTHATA: How, how many hours did they keep you there?

KOMAPE MOLAPO: I think it's for about three to four hours.

THOMAS MANTHATA: Where they called peoples magistrates?  How long did they  torture you ?

KOMAPE MOLAPO: I think it's for about two to three hours, because they only left beating me, they only left after they got tired.

THOMAS MANTHATA: After  they tortured you, did you go to the doctor ?

KOMAPE MOLAPO: Yes, I consulted the doctor after a week because I was kept in a cell.

THOMAS MANTHATA: After beating you, did they take you to their cell ?

KOMAPE MOLAPO: Yes, Sir.

THOMAS MANTHATA: How long did they keep you in a cell ?

KOMAPE MOLAPO: It's for about a week, because I was arrested on Saturday and they released me on Thursday.

THOMAS MANTHATA: At the time were you unemployed, because you could not, work because you were injured.

KOMAPE MOLAPO: Yes, I was working.

THOMAS MANTHATA: Where were you working ?

KOMAPE MOLAPO: I was working in Phalaborwa.

THOMAS MANTHATA: What were you doing there ?

KOMAPE MOLAPO: I was an artisan.

THOMAS MANTHATA: Were you a member of the union ?

KOMAPE MOLAPO: Yes.

THOMAS MANTHATA: What union was that ?

KOMAPE MOLAPO: It was CWIU.  It's CWIU.

MR: MANTHATA:   In full?

KOMAPE MOLAPO: It's Chemical Workers Industrial Union.

THOMAS MANTHATA: Thanks.  In your first case when these youths were at the hotel talking to the employees of the hotel, were you able to hear what they were discussing about ?

KOMAPE MOLAPO: They were discussing about the incident where one of their colleagues was hit by  the police car.