Human Rights Violation Hearings — Worcester — 1996-06-25

CASE NO: CT/00757

ADV POTGIETER: Ms Day would you  like to put on the headphones - I just want to check, can you hear the translation through the headphones, is it coming through.

MINA DAY: Yes.

ADV POTGIETER: Well good afternoon Ms Day and welcome here, you - you have waited for a long time - you've waited for the  better part of the day.  We appreciate your patience.  Can I just check, I want to welcome the person who is accompanying you as well on the other side.  Is that a family member?

MINA DAY: She's a relative, a cousin of mine.

ADV POTGIETER: Well thank you, welcome to you as well ma'am.   Ms Day has just indicated to us that you are a cousin of hers.  I'll just repeat we - Ms Day has indicated to us that you are a cousin of  hers and we want to  welcome you as well and we want to thank you for assisting her and standing by her.  We know that more often than not, this is a very difficult thing to do, to give evidence and to come and talk to the Commission.  But we want to thank you for being with her today.
 I have got to come  back to you Ms Day, I've got to ask you to take the oath before you give your evidence.  I am going to have to ask you to stand please.
MINA DAY Duly sworn states

ADV POTGIETER: Thank you very  much, you may be seated.  Commissioner Glenda Wildschut will assist you to give your evidence to us.  I hand you over to her.

GLENDA WILDSCHUT: Good afternoon Ms Day.

MINA DAY: XHOSA -

GLENDA WILDSCHUT: Before I ask you to tell us your story, and what has happened to you, I'd just like to point out to the hearing and to you Mr Chair, that Ms Day's story will illustrate the reign of terror that existed during the State of Emergency years and particularly for Ms Day 1986.  And the terror that the community of Zolani in Ashton was subjected to with that of random beatings and terrorising the communities and even during the imprisonment's to separate people who had been comrades and colleagues and friends and even during those imprisonment  to separate them and to isolate them from support structures and systems.
 Ms Day I wonder if you could tell us just a little bit about yourself and would you tell us also how old you were at the time - ten years ago at the time of the incident.

MINA DAY: I couldn't get clear information from the witness.

GLENDA WILDSCHUT: Would you like me to repeat the question?

MINA DAY: My last born then was 25 years old so you can count as from then because I can't count well.

GLENDA WILDSCHUT: Could we say that at the time you were an elderly person?

MINA DAY: I was waiting for my pension there.

GLENDA WILDSCHUT: Thank you Ms Day, could you tell us what happened to you then on the night of the 15th of June 1986?

MINA DAY: On the 16th of June after 8, we were in the house having supper some had finished and it was only me and Crosby.   Incatha came in with some policemen together with those who wore camouflage uniforms on.  They kicked the door, some were knocking on the windows and they assaulted us telling us we must open the door.  They were inside so we were forced to open the door but they managed to kick it and open it.  They grabbed my son, beat him and then took him outside while beating him all the time.  As I was going out to check what was happening they told me to go inside and I told them they must never tell me what to do in my own home.  
 Doyisile and his brother, they beat me, while they were doing this William Nkomiphela cam along with a knopkierie and he also beat me behind my ear.  I had a big wound that was bleeding heavily ... (interrupted)

GLENDA WILDSCHUT: Excuse me Ms Day, I  am very sorry, the interpreters are finding it hard to hear you, I wonder if the briefer could bring the microphone closer to you please.

MINA DAY: It was Ndoyisile and his brother teacher who said to me I must go back inside the house and I said no, you don't tell me what to do.  Why are you beating my son?  They said that I have too much to say and they attacked me with sjamboks.  After a while Nkomiphela came along with a knopkierie and a sjambok and he also beat me behind my ear.  I had bruises all over my body.
 While I was in that state I still had the strength to grab on of them.  A While policeman beat me up with his gun and I fell down on the cement and I tried to get up looking for them but they weren't there anymore.  I went to fetch an axe because I thought they were there but they vanished into thin air.  
 There was only 1 White policeman and he asked him what I'm going to do with the axe.  I told him that I was going to defend myself.  He insulted me, swearing at me and took the axe from me and he told me to go into the house.  I told him that I would not go inside because these were my premises and I would do what I like.  One of the other policemen came along saying, this woman is a ... I want to open her head and blow her brains away.  I said to him you can shoot, you are a murderer and I won't be the first one to be killed by you as there are many people who have been killed.   
 On the third incident I was still exchanging words with them when he said you are a racist bladdy maid, she is hardegat (stubborn).  I told them that these are my rights, I'm in my premises.  When they were trying to arrest me I asked them to allow me to get my shoes and something to put on my head but they said I must go as I am.  
 They pushed me into the van, as they were driving they picked up people along the way and they took Mvulani along and pulled him into the van.  There was a Coloured policeman inside the van who was also insulting us.  He said to us they must kill us because Le Grange has given them permission to kill us.
 We were taken to Worcester where we arrived on Sunday evening.  The following Saturday we were sent to Pollsmoor Prison where we stayed for a while until we were released on the 18th of September.  I'm talking about me.  As they came to fetch us after 9, the lady policeman where we used to sign when we were going out had already gone home so they told us to wait.  We were taken to the other policeman and after 10 this guy phoned saying the one who was supposed to take us home is departing.
 One of the detectives from Worcester said to us, you dronkgat (drunkard) you are always making these "viva" slogans but we didn't answer him and then Hansen said to this child ...  We didn't answer his insults.  He said you old lady you're always making the "viva" slogans and I asked, when did I do these things.  
 I asked this man who is going to transport us home and he said you are going alone.  I was so surprised that I asked him again if I am going alone and he said yes.  He said I must not be frightened.
 While I was at home Hansen repeated his words again saying, you old lady and the White policeman said no please, leave the lady alone.  That's all I can tell of my story.

GLENDA WILDSCHUT: Thank you Ms Day but maybe we should just go back a little bit and - do you mind if  I ask end of Tape 3, side  B  ...

MINA DAY: ... came along with them that's was the cause of my beating.

GLENDA WILDSCHUT: So you were trying to defend your children and by defending your children the police said that you were being cheeky.

MINA DAY: Yes - yes.

GLENDA WILDSCHUT: Do you understand why you were arrested and taken to prison, do you understand the reason why you were arrested?

MINA DAY: It's only because I'm very cheeky and they said anyone who doesn't patrol irrespective of whether he/she is a comrade of not they will kill this person with it's offspring.  That was their resolution.

GLENDA WILDSCHUT: So they had agreed that anybody who doesn't do as they tell you to do, should be shot and should be removed.

MINA DAY: Exactly.

GLENDA WILDSCHUT: Later on in your statement you talked about the police saying that Le Grange has allowed them to kill, who is Le Grange.