Human Rights Violation Hearings — King William's Town — 1997-05-13

CHAIRPERSON: We will now call forward Mzwabantu Ngxokela.

MZWABANTU NGXOKELA: (sworn states)

REV XUNDU: Thank you.  Mr Chairperson, he has been properly sworn in.

CHAIRPERSON: Tiny Maya will lead you with questions on behalf of the Commission.

MS MAYA: Thank you Mr Chairperson.  Mr Ngxokela, you are here to tell us the story about yourself about what happened to you on the 7th of June 1987, is that correct?

MZWABANTU NGXOKELA: Yes, that is correct.

MS MAYA: You are also from Stutterheim?

MZWABANTU NGXOKELA: Yes.

MS MAYA: You said that on this particular day you were arrested by certain members of the South African Police.  Can you please tell us what happened on that day?

MZWABANTU NGXOKELA: I attended a night vigil for Bhabha Mlata.

MS MAYA: Please come nearer to the mike so that we can hear you.

MZWABANTU NGXOKELA: I attended a night vigil for Bhabha Mlata.  I then left at night, I went home.

MS MAYA: Please raise your voice, we cannot hear you.

MZWABANTU NGXOKELA: In the next morning on Sunday, the municipality police came in my home, they kicked the door, looking for me.  I woke up, I opened the door.  They took me to their house.
 They then assaulted me, asking me what I was doing in a meeting.  I asked them why were you beating me, they said they were beating me because I attended a meeting.
 They were beating me with sjamboks.  They were kicking me.  I would fall down and they would kick me in my jaws and in my body.  They took me to the rent office, they said that I must give them a statement. 
 I told them that I can't do that because I know nothing about what they were accusing me.  They then took me to the South African police, they arrested me.  I spent three days there.
 On Wednesday I appeared in court.  I was released on a free bail.  They told me that they were investigating the case.  We then found Attorneys and I was found not guilty in court.

MS MAYA: You said that the police came and they assaulted you in your home.  Who was Bhabha Mlata, the one you attended a night vigil?

MZWABANTU NGXOKELA: Bhabha Mlata was the one who was killed.

MS MAYA: Who killed him?

MZWABANTU NGXOKELA: I was from Johannesburg where I was working.  I was told that that weekend he was going to be buried.  I attended the night vigil because he was a comrade I knew.

MS MAYA: Were you a member of any political organisation in Stutterheim?

MZWABANTU NGXOKELA: Yes.

MS MAYA: What was the name of that political organisation?

MZWABANTU NGXOKELA: It was the UDF, but I was working in Johannesburg at the time.

MS MAYA: Did you notice any of the police that beat you?

MZWABANTU NGXOKELA: Yes.

MS MAYA: Who are these police?

MZWABANTU NGXOKELA: It was Nono Phahlane, Bhadu and Didiza

MS MAYA: Please raise your voice.

MZWABANTU NGXOKELA: It was Nono Phahlane, Bhadu, Didiza and Kenny.  There were seven of them.

MS MAYA: Were they South African police?

MZWABANTU NGXOKELA: Yes, they were South African police.

MS MAYA: You said that they took you to the rent office, why were they taking you there?

MZWABANTU NGXOKELA: The rent office is the municipality office where we pay our rent.

MS MAYA: Why were they taking you, why were they beating you in the rent office?

MZWABANTU NGXOKELA: They first took me to their home, they handcuffed me.  Nono Phahlane wanted to shoot me.  They then took me to the rent office.

MS MAYA: Was it a usual thing that when people were arrested by the police, they would be taken to the rent office?

MZWABANTU NGXOKELA: I don't know because I was not staying there, I was working in Johannesburg.

MS MAYA: What happened to you after that?

MZWABANTU NGXOKELA: They took me to the South African police.

MS MAYA: You were assaulted there?

MZWABANTU NGXOKELA: They told the police to arrest me.  The police then arrested me.

MS MAYA: Were there any other people who were arrested with you?

MZWABANTU NGXOKELA: Yes, I was arrested with Niqelo.

MS MAYA: Who is Niqelo?

MZWABANTU NGXOKELA: They came with Niqelo in my home.

MS MAYA: Were you members of the same organisation with Niqelo?

MZWABANTU NGXOKELA: Yes.

MS MAYA: Where is Niqelo now?

MZWABANTU NGXOKELA: Niqelo passed away.

MS MAYA: Who are the other people?

MZWABANTU NGXOKELA: It was only the two of us.

MS MAYA: Were there any other people who were tortured by the police because they attended the funeral?

MZWABANTU NGXOKELA: I did not hear anything about that.

MS MAYA: Were there any other people who witnessed your arrest?

MZWABANTU NGXOKELA: My mother was there.

MS MAYA: Where is your mother now?

MZWABANTU NGXOKELA: My mother is at home.

MS MAYA: Who are other people who witnessed this arrest?

MZWABANTU NGXOKELA: I did not see anybody because the police took me at home, they arrested me.

MS MAYA: You said that you were arrested and they released you after three days?

MZWABANTU NGXOKELA: Yes, that is correct.

MS MAYA: While you were in police cells, who was with you?

MZWABANTU NGXOKELA: It was myself and Niqelo.

MS MAYA: The one who passed away?

MZWABANTU NGXOKELA: Yes.

MS MAYA: You said that there were other people who were arrested with you, apart from Niqelo?

MZWABANTU NGXOKELA: Yes, but I don't remember their names.

MS MAYA: In the community, did you see any people who were arrested with you after this?

MZWABANTU NGXOKELA: No, I don't remember them.

MS MAYA: Do you know why these people, these police arrested you and Niqelo?

MZWABANTU NGXOKELA: I don't know because I was not staying at home, I was working in Johannesburg.

MS MAYA: In the organisation, were you a leader or did you have any position?

MZWABANTU NGXOKELA: I was just a member.

MS MAYA: The people who arrested you, are they still around in your community?

MZWABANTU NGXOKELA: Please repeat your question.

MS MAYA: The people who arrested you and assaulted you, are they still around?

MZWABANTU NGXOKELA: Yes.

MS MAYA: Are they still policemen?

MZWABANTU NGXOKELA: Yes, they are.

MS MAYA: When did they stop assaulting you?

MZWABANTU NGXOKELA: Nono Phahlane pointed me with a gun, they then stopped him.

MS MAYA: You mentioned that you vomited blood, that is when they stopped assaulting you?

MZWABANTU NGXOKELA: Yes, that is correct.

MS MAYA: Did you go to any Doctor?

MZWABANTU NGXOKELA: Yes, in Stutterheim.

MS MAYA: Do you remember the Doctor's name?

MZWABANTU NGXOKELA: It was Dr Brink.

MS MAYA: Did he treat you?

MZWABANTU NGXOKELA: Yes, he treated me.

MS MAYA: How were you injured?

MZWABANTU NGXOKELA: I broke my jaws and my ribs.

MS MAYA: Do you still have medical records?

MZWABANTU NGXOKELA: Yes, from Dr Brink and Mt Coke Hospital.

MS MAYA: We would like you to give these documents to our investigators.  Do you have something to add to your story?

MZWABANTU NGXOKELA: I cannot do anything, I am just staying at home, doing nothing.

MS MAYA: Did you lay a charge against the police or the municipality police or the people who were responsible for the rent office?

MZWABANTU NGXOKELA: Yes, I laid a charge in the BPC offices.

MS MAYA: Were you compensated?

MZWABANTU NGXOKELA: Yes, I received a settlement amount of R3 000-00.

MS MAYA: Do you remember the name of the Attorney?

MZWABANTU NGXOKELA: His name was Mhlalana.

MS MAYA: What about Tabata and Van Heerden?  Was it Mhlalana alone or Mhlalana with Tabata?

MZWABANTU NGXOKELA: It was Tabata and John Smith.

MS MAYA: What is your request to the Commission sir?

MZWABANTU NGXOKELA: My request is that I got injured and I can't do anything for myself.

MS MAYA: What would you like us to do?

MZWABANTU NGXOKELA: I would like to get medical treatment and to be compensated.

MS MAYA: Is that all sir?

MZWABANTU NGXOKELA: Yes, and I am alone.  I am alone at home.

MS MAYA: Thank you Mr Ngxokela, I will now hand over to the Chairperson.