Human Rights Violation Hearings — Welkom — 1996-10-09

MR DLAMINI: Maybe I'll give you a rest at this stage.  First, before I do that.  The last incident was on the 5th of May 1985 when Sipho was detained again, is that right?

WITNESS:   That's correct it was on the 4th of May and he was assaulted on the same day but the lied to me.  They said he died on the 5th of May.

MR DLAMINI: So as far as you're concerned it was on the 4th of May?

WITNESS:   It was on the 4th of May, Sir.  They picked him up at 12 o'clock.  He was preparing to go to the funeral of a Comrade who passed away in Allenridge and he was to be the speaker on that day and he never reached his destination.  They caught him.   (Inaudible) ... who was a student police caught him and he went to  borrow the handcuffs.  He went to the deceased Mr Sithole who was the adjutant.  He gave him the handcuffs.  He said, "Bring Sipho here."  He handcuffed Sipho at the back and he went with him to the police station where they beat him and they called Squash who was off on that day.  The specially called him in.  That was Squash Magoe.  They said, "We've got hold of our prey."  He decided to go back to work on his day off to go and kill my son.  It was at 1 o'clock when he received a call.

MR DLAMINI: Your son was a member of COSAS.  Did he  ... (intervention)

WITNESS:   Yes, he was a member of COSAS.

MR DLAMINI: Did he hold any leadership position within COSAS?

WITNESS:   Yes, Sir.

MR DLAMINI: What was his office?

WITNESS:   People can't keep their mouths shut.  They even talk today about his involvement.  They say he shed a light about the struggle.  They were given light by him.

MR DLAMINI: Besides COSAS was he a member of any other organisation?

WITNESS:   I do not know but he used to wear three T-shirts.  The COSAS T-shirt, the Release Mandela T-Shirt that was green in colour and this UDF T-shirt.  And he had the materials for all the organisations I've mentioned.

MR DLAMINI: Was he still at school during the time?

WITNESS:   Yes, he was still at school.

MR DLAMINI: What class was he doing?

WITNESS:   He was doing Standard 4.  He was in the middle of Standard 4.

MR DLAMINI: You also mentioned that Sokolode and Hothuli of the security branch asked you to reprimand your son.  Did they tell you what was wrong with your son?  Why should  you reprimand him?

WITNESS:   No, they didn't give me an explanation.  The people who were lucky to get hold of him were Fly and the others.  "Fly" is Mogoregi and Venter and Piet and Hugo.  Those were the people who came to pick him up at home.  And they were always lucky to get hold of him.

MR DLAMINI: According to your statement you were told by Silo and Patrick as to what really happened in the cells.  Maybe perhaps, Mr Chairman, I would like to switch over the Silo and Patrick.

SILO DITEBE: and PATRICK MACHEDE  ((Sworn state) (Through Interpreter)

MR DLAMINI: Silo and Patrick, can you throw some light - inform this audience as to what really happened to Sipho in detention and also perhaps tell us how did you come to know about that because I presume that you were not members of the security branch.

WITNESS: (SILO DITEBE) I met Sipho on the 4th of May when he was arrested on the 2nd of May when I went to sign at the police station as that was one of the conditions of the bail because I was on trail at that time.  On that 4th of May I was called to the detectives offices by Sithole where I found Sipho.  His hands were handcuffed.  And then he was lying down.  Next to him was ... (inaudible) ... that thing is used to put on the head so that he should always tell the truth and there was a bottle of water and a sjambok.  And when the police were taking me from the cell they said I should come and see what is happening to Sipho.  He had a cut beneath the chin.  At the time when I was in there Sithole took the sjambok  and hit him.  Sipho seems to be the person who was already beaten before I arrived.  One of the policemen who was a white one instructed Sipho to stand up.  Then he kicked very hard to Sipho.  (Witness emotionally upset)

MR DLAMINI: Okay, Silo, take it easy.

WITNESS:   At that time I asked them not to continue beating him.

MR DLAMINI: Ja, what you witnessed, Silo, useful as it is today, it was traumatic for you to see your friend being abused the way he was.  We do understand the situation you are in to try and recollect that but, as I said, it's very useful.  It was God's plan that they decided to call you in because we would not have known what happened to Sipho.  So take your time.

WITNESS:   In there when I was asking them that they should stop with the assault, they started to assault me.  I could feel pain in my body because they were beating me with other students.  I was still standing there.  Sipho was still lying on the floor ... (intervention)

MR DLAMINI: Sorry, Sipho can you raise your voice.  I think the people at the back are having a problem to hear you.

WITNESS:   I explained that when I was still in that cell, this white police started to kick Sipho.  This person was here.  I cannot remember his surname.  Maybe he would be remembered by Squash and others.  And they kicked Sipho then.  Then Sithole began to his him with the sjambok because Sithole said Sipho was trying to burn his house.  When I was still there then we didn't agree that allegation what Sithole made that we were trying to burn his house.  Then thereafter I was ordered to go out of the cell.  I was taken to cell No 3 in that  /police

MR DLAMINI: police station and I believe it's after two days that a certain lawyer called Richard Spoor(?) - he was in the firm of Priscilla Janna, then he as me as to whether do I know that Sipho has died.  Then there I was affected then I said that I don't believe that Sipho has died.  And whilst I was in detention, Sipho was buried.  I couldn't go to his funeral.  We were released after two months there - after that incident.  It was long Sipho has been buried.  Then after Richard Spoor has made ... (Tape ends.  Subsequent tape commences mid-sentence with no overlap) ... instructed - I don't remember that man's name - that he would be the one who would take up this case.  Then in 1986, it was during the state of emergency, I was again detained on the 11th of June.  Since I was in detention I gave evidence about the inquest whilst I was in detention.  Until that inquest completed.  It was heard that the magistrate said that they would not take my evidence and that the cause of death is brain haemorrhage.  What happened again it was realised that his ex-teachers who's Chiliki Mogothu and Tshobokoane were approached by the police to fabricate a story that Sipho was epileptic so that they would try to prove that his brain haemorrhage was cause by the epilepsy.  I denied that verdict because I didn't know Sipho as an epileptic.  But it was said that no one was proven guilty and the police were released.  That's how Sipho's inquest was completed.  Before the inquest was completed I was not free.  At one stage Joachim Mashabe missed me with his gun.  He shot twice.  I was able to run to my brother's in-laws.  Then I went to Alexandria.  At that time I was not free.  I was the chief witness in  /the inquest.

MR DLAMINI: the inquest.  That is how the inquest went.

MR DLAMINI: Thank you, Silo.  Patrick do you want to add anything?  Silo, if you remember anything later on, please do indicate.  Can I move to Patrick?  Patrick, do you want to add anything from your side?