Amnesty Hearings — Thohoyandou — 1999-06-28

CHAIRPERSON: Let's say you were not compus mentus from the time of the kick until some time on Sunday.

CHIPIWA ANTHONY MAHUMELA: Yes, yes, your Honour, yes.  When I came to I was told it's Sunday.  And I was told that the place where I was is a prison hospital.  And a prison warder who was also a nurse called Mrs Motenda had to explain to me why I was not lying on the bed, because there are beds in the prison hospital.
	Some mattresses had been put on the floor and my hand had been handcuffed to one of the beds.  And she explained very, very humbly that they had to do the handcuffing for my own safety.

CHAIRPERSON: So were you having some sort of fits during that period?

CHIPIWA ANTHONY MAHUMELA: Your Honour, I have no personal recollection of what was happening.

CHAIRPERSON: It wasn't explained to you why it was for your own safety that you were handcuffed to the bed?

CHIPIWA ANTHONY MAHUMELA: It was explained that it had been envisaged that I would fall off the bed.

MS MTANGA: Mr Mahumela, are you able to - were you told why you would have fallen from the bed if you had been left on the bed?  What were you doing that would have led you to fall?

CHIPIWA ANTHONY MAHUMELA: No full explanation was actually given to me.

CHAIRPERSON: Because, you're saying that you were lying on a mattress which was on the floor?

CHIPIWA ANTHONY MAHUMELA: Yes.

CHAIRPERSON: And your hand was cuffed to the bed.

CHIPIWA ANTHONY MAHUMELA: Yes.

CHAIRPERSON: So it doesn't really make sense that your hand was cuffed to the bed to stop you from falling off the bed because you weren't on the bed, you were on the floor.

CHIPIWA ANTHONY MAHUMELA: I was made to understand that there had been an intention to attach whatever they could have deemed fitting to attach on me for medical purposes.  And the understanding was that I would have torn it off in the state in which I was.

CHAIRPERSON: So in any event is was the hospital authority that did it for their own reason, it wasn't the police or somebody who did it to torture you further or to ...(intervention)

CHIPIWA ANTHONY MAHUMELA: In my perception, your Honour, it had nothing to do with the police, and the apologetic tone of the people handling me at that time made me deduce that it was no way of perpetuating the torture I had undergone.

MS MTANGA: Mr Mahumela, is there anything else you want to add on the methods that you ...(intervention)

CHAIRPERSON: Just before you proceed, after being rendered unconscious and not know what you were about for three, three and a half days, did that have any lasting effect on you?

CHIPIWA ANTHONY MAHUMELA: Your Honour, it did have a lasting effect.  From that year, after the release, I would have constant nightmares, up until 1993 when somehow I got some therapy.  And it became much, much, much better.  Secondly I started developing blank moments which explains a scar I have on my forehead.

CHAIRPERSON: Do you black out and collapse?

CHIPIWA ANTHONY MAHUMELA: Yes, your Honour.  That has also received treatment and it has improved to a certain degree by now.

CHAIRPERSON: Yes, thank you, Ms Mtanga.

MS MTANGA: Mr Mahumela, are you saying the scar on your forehead has something to do with the black outs that you had?

CHIPIWA ANTHONY MAHUMELA: Yes.

MS MTANGA: When did you sustain that scar?

CHIPIWA ANTHONY MAHUMELA: It has nothing to do with the period over which I was detained.

MS MTANGA: Oh.

CHIPIWA ANTHONY MAHUMELA: I just suspect that it may be a consequence of the three days that I consider is missing in my life.

MS MTANGA: All right, do you have any other evidence to lead in respect of the methods that the applicants have denied.  Or not on the methods they've used but the ones they've denied?

CHIPIWA ANTHONY MAHUMELA: Yes, the pulling hair.  I should point out that this method appeared to me very popular with them to an extent that one would even perceive that they would scramble to be the ones to do it.  And in my case ...(intervention)

SISI KHAMPEPE: May I interpose?  Are you still leading to the evidence that the same method was also applied on you?

CHIPIWA ANTHONY MAHUMELA: Yes, your Honour.

MS MTANGA: Mr Mahumela, was any hair pulled from your private parts?

CHIPIWA ANTHONY MAHUMELA: No, your Honour.

MS MTANGA: From what parts of your body was hair pulled?

CHIPIWA ANTHONY MAHUMELA: Only my hair and my beard.

MS MTANGA: And do you know who did this to you, who pulled your hair?

CHIPIWA ANTHONY MAHUMELA: Yes, your Honour.

MS MTANGA: Who did this?

CHIPIWA ANTHONY MAHUMELA: The two Managa brothers.

MS MTANGA: Are you talking about the applicant in this matter and his late brother?

CHIPIWA ANTHONY MAHUMELA: Correct, your Honour.  Mr Nesamari, Tinaboyo Rambuwane, the lady, Mr Morengeni and Mr Matsena.  Mr Ramaligela did handle my hair but I don't know whether it was solely for pulling because he grabbed my hair and banged my head on the floor about twice.  That was quite early in that day and, apart from that, he never did anything else to me.
	Let me also point out that the use of the younger policemen came through to me as a strategy because, whenever they would be unleashed on you, I would be specifically told that I am playing difficult and my type will be set on me.  And in all experiences that I had with them, was that the younger the policemen, the more brutal the torture.

MS MTANGA: Do you have anything that you still want to add on these methods that the ...(indistinct) have denied?

CHIPIWA ANTHONY MAHUMELA: No, your Honour.

MS MTANGA: That means that this concludes your evidence?

CHIPIWA ANTHONY MAHUMELA: It does.

MS MTANGA: Thank you, Chairperson.
NO FURTHER QUESTIONS BY MS MTANGA

CHAIRPERSON: Thank you, Mr Mahumela.  Mr Meyer, do you have any questions you'd like to ask Mr Mahumela?

MR MEYER: Yes, thank you, Mr Chairman.  Mr Mahumela, as far as my clients are concerned, are you implying them in pulling your hair, Mr Managa and Mr Nesamari?  And further more, Mr Ramaligela, you say he took you by the hair and banged your head against the floor?

CHIPIWA ANTHONY MAHUMELA: Yes.

MR MEYER: Was that the totality of their involvement?

CHIPIWA ANTHONY MAHUMELA: I'm saying this within the context of mentioning methods used on me that the applicants didn't mention or confess to.

MR MEYER: I see.  Sorry, Mr Chairman, if I can just have a minute?  Yes, I just want to put the applicants' version to you.  I don't know if you remember the evidence.  And that is firstly Mr Managa denies that he was involved in your torture.

CHIPIWA ANTHONY MAHUMELA: Yes, I remember the evidence as given by Mr Managa and I remember his also mentioning that the specific reason why I couldn't have been tortured was because I was a prosecutor at that time.  And I also remember specifically that throughout my torture, he and many more kept on reminding me the fact that I am a prosecutor shall not influence them in any way in terms of them getting the truth out of me.
	What frustrated me from time to time is that before 15h00 ...(intervention)

MR MEYER: All right, sorry, before you continue, I just want to interrupt you.  I just want to put their version to you and get your comment on that.

CHIPIWA ANTHONY MAHUMELA: Please.

MR MEYER: Yes, and I don't know if you remember, Mr Nesamari testified that he can't remember clearly but it's possible that he was also involved in your ...(indistinct).

CHIPIWA ANTHONY MAHUMELA: I do remember that, yes.

MR MEYER: And the same goes for Mr Ramaligela.

CHIPIWA ANTHONY MAHUMELA: Yes.

CHAIRPERSON: Do you want him to comment on that now, Mr Meyer?

MR MEYER: Yes, well I just need to put the version, I think he's already given us his version of the events.  Mr Chairman, if I can just, with regard - because he made mention of a specific event by Mr Ramaligela and I don't think Mr Ramaligela - he just gave broad evidence that he might have been involved.  Can I just clear that up?