Human Rights Violation Hearings — Johannesburg — 1996-05-02

CHAIRPERSON: Before I start I should introduce again the panel here.  Hlengiwe Mkhize on my extreme left, Commissioner, Chairperson of the Reparations and Rehabilitation Committee based in Gauteng.  Hugh Lewin, Committee member Human Rights Violations Committee in this province, Wynand Malan, Commissioner Deputy Chairperson of the Human Rights Violations Committee and he's based here in Gauteng. Faizel Randera, Commissioner member of the Human Rights Violations Committee and also coordinator of our regional office here.  We have four regional offices and he heads up the regional office here in Gauteng.  Alex Boraine, Deputy Chair of the Commission, member of the Human Rights Violations Committee, Yasmin Sooka, Commissioner and the other Deputy Chairperson of the Human Rights Violations Committee, Joyce Seroke, Committee member of the Human Rights Violations Committee, Johannesburg, Russel Ally Human Rights Violations Committee member of this region and Ntsiki Sandi Committee member Human Rights Violations Committee in the Eastern Cape.  I think I am covered for the moment.  I hand over to Dr Alex Boraine.

DR BORAINE: Thank you Chairperson.  Before we proceed I will ask Dr Randera to read out the names of the witnesses who will appear to day.

DR RANDERA: Today we again have ten people.  I would like JOHANNESBURG HEARING TRC/GAUTENG
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to apologise in the beginning two of the witnesses will be late so we are rearranging the programme and Mr Jassat will be starting as the first witness.  I will go through as on your programme.  
 We have as a witness this morning Mr George Oliphant who is talking on behalf of his brother Benjamin Oliphant who was killed. 
 Mr Petrus Botha will be talking for himself.  He was injured in a bomb blast.
 Mr Abdulhay Jassat who will also be talking on behalf of himself and he was tortured whilst in detention.
 Nombulelo Makhubu who will be talking about the disappearance of Mbuyisa Makhubu.
 Liz Floyd will be talking about Dr Neil Agget who died in detention.
 Cornish M Makhanya talking of himself.  This was a case of torture.
 Hester Grobelaar talking about Johannes J Grobelaar who died.
 Priscilla T Gama will be talking about the torture and death of Nkosinathi Gama.
 Philip Mazuza and Jabulani Lukhele. ...(intervention)

DR BORAINE: ....that we call today on the third session of the hearings of the Commission, Abdulhay Jassat.  Good morning Mr Jassat.  I would like to welcome you on behalf of the Chairperson and the Commission.  We are very grateful that you have come, it's not an easy thing to do and never easy to talk about matters which affected you and still do affect you very deeply physically, mentally and emotionally and we need to hear from you and so many others like you throughout the country if we are going to fulfil the mandate JOHANNESBURG HEARING TRC/GAUTENG
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of the Commission.  Thank you very, very much indeed for coming.  I am sorry that you are coming in first, you were supposed to be only third but I am grateful to you for your cooperation.
 I have to ask you please to stand and take the oath.

ABDULHAY JASSAT: (sworn states)

DR BORAINE: In a moment I am going to ask Dr Randera if he will guide you as you tell your story.  Suffice me to say that we have listened in East London and in Cape Town, now again in Gauteng of people who have been tortured and who have had very bitter experiences of imprisonment and you join that group in your own testimony today.  I thank you again for coming and I hope you will feel as relaxed as it is possible to feel under these circumstances and I will ask Dr Randera to take over from me.  Thank you.

DR RANDERA: Welcome.  Before I ask you can I just make one announcement about the interpretation services for those people who want to use it.  The box has numbered on it on the left-hand side 1, 2, 3 and the languages that we are interpreting into are Afrikaans on 1, English on 2 and Sotho or Zulu on 3.  So please feel free to use these boxes.  If anybody does not have one please put your hands up we may be able to help you if there are any boxes free.  Thank you.
 Abdulhay you have come to tell us about your detention in the sixties.  This was a period when some of the most draconian laws were passed in South African history and I just want to give some background to that.  
 The General Law Amendment Act 37 of 1963 provided for 90 day detention.  This Act came into force on the 1st of May 1963.  Legislation was introduced in order to crush the ANC and PAC.  It provided for a detainee to be held in 
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custody for interrogation until in the opinion of the Commissioner of Police he had satisfactorily answered all questions.  The detention could be renewed if the detainee had not answered all questions satisfactorily.  
 Provision was made for visits each week by a magistrate although detainees were not permitted access to their lawyers or any other visitors.  From the 1st of May when this Act came into effect to 7th of November 1963 544 persons had been held without trial according to a statement by the Minister of Justice.  
 It's also been recorded that from the inception of security legislation in the early sixties there were allegations of physical and psychological abuse of detainees.  Many detainees were held in solitary confinement although some received visitors.  Many detainees were denied books other than the Bible and most were refused writing materials.  There were rumours of physical ill-treatment of Black detainees such as the use of electric shock.  When this was queried by Helen Suzman the Minister of Justice assured her that he would investigate any cases brought to his attention and had already instituted one enquiry.
 Abdulhay this is your time, if you will take as long as you want to tell the story that you are going to recall and this happened almost 30 years ago, more than 30 years ago, so please take your time.