Amnesty Hearings — Umtata — 2000-03-27

MR DUKADA: Can you just name them - in your paragraph 13 of the affidavit.

NELSON NKOSINATHI SIQHOLA: Brig Dengana, Col Sifumba, Col Jekem, W/O Ntobela.

MR DUKADA: In your affidavit you claim that the canvass bag method of torturing was the brainchild of W/O Ntobela.

NELSON NKOSINATHI SIQHOLA: Yes, that is correct.

MR DUKADA: Now whilst you were a member of the Security Branch there were several applications to the High Court on behalf of detainees, to restrain the Security Police from assaulting the detainees.  You are aware of that?

NELSON NKOSINATHI SIQHOLA: Yes, I am aware.

MR DUKADA: And the police would first oppose those applications, but the majority of them will be settled out of Court.  Is that your evidence?

NELSON NKOSINATHI SIQHOLA: Yes, that is correct.

MR DUKADA: Can you explain, Captain, why the actions were not defended successfully by the police?

NELSON NKOSINATHI SIQHOLA: First of all, I think that they did not want to be embarrassed in Court.  Secondly, it was a sign that they were aware that the detainees were being assaulted by the Security Branch officers.  If they were aware that the detainees were not assaulted, that couldn't be settled out of Court, charges would be laid against the policeman and the policeman would appear in Court, or else police would be arrested departmentally for assaulting the detainees.  Therefore nothing like that happened, therefore I think it was lawfully done.  That is my opinion.

MR DUKADA: Is it correct, Captain, that amongst the victims you've mentioned before this Committee, some of them instituted proceedings either personally or through their families, to restrain you and other members from assaulting them.

NELSON NKOSINATHI SIQHOLA: Yes, that is correct.

MR DUKADA: And just to conclude this aspect.  There were also claims for damages as a result of wrongful detentions and assaults of detainees after detainees have been released, and those claims were also not contested by the police, the police paid.

NELSON NKOSINATHI SIQHOLA: I did not hear your question, Sir.

MR DUKADA: After a detainee has been released, some of them would institute claims against the Minister of Police for assault and wrongful detention and a number of those claims were not contested, the Minister would settle and pay.

NELSON NKOSINATHI SIQHOLA: Yes, that is correct.

MR DUKADA: Captain, whilst on this aspect, were you ever charged criminally for having assaulted a detainee or subjected to any disciplinary enquiry in the Department?

NELSON NKOSINATHI SIQHOLA: No.

MR DUKADA: Did you regard assault and torture as a vital weapon in the Security Branch to induce detainees to give information?

NELSON NKOSINATHI SIQHOLA: I saw that as a method that was used.

MR DUKADA: Captain, during 1986 you were involved in the arrest and assault of a number of detainees, is that correct?

NELSON NKOSINATHI SIQHOLA: Yes, that is correct.

MR DUKADA: And these arrests and detentions came as a result of a shooting which occurred at the local police station in Madeira(?) Street.

NELSON NKOSINATHI SIQHOLA: Yes, that is correct.

MR DUKADA: And the shooting was alleged to have been done by members of the military wing of the African National Congress.

NELSON NKOSINATHI SIQHOLA: That is correct.

MR DUKADA: And you repeat that all those you arrested or came ...(indistinct) to whilst in detention, were assaulted by you in the manner you have explained.

NELSON NKOSINATHI SIQHOLA: That is correct.

MR DUKADA: And the second incident in 1986 which involved arrests and detention, was an incident which took place in a house of Jafta family in Willowvale, do you still remember that?

NELSON NKOSINATHI SIQHOLA: Yes.

MR DUKADA: Can you very briefly state what had happened there.  Paragraph 13.2 of your affidavit, can you just read from there.
MR SIQHOLA
"During or about 1986, the house of a certain Jafta family in Willowvale, was burnt by the Security Police.  This was an operation by members of the Transkeian Defence Force, under the command of Lieut Mandela, Transkei Anti-Riot Unit, East London Security Branch, under the command of Capt de Lange and the task from the South African Police was part of this operation."

MR DUKADA: There were a number of policemen who converged there, precisely what was the reason for them to go there?

NELSON NKOSINATHI SIQHOLA: It was alleged that Mr Jafta was harbouring the terrorists, as they were called at the time.

MR DUKADA: And who was your Commanding Officer when you went there?

NELSON NKOSINATHI SIQHOLA: We were under W/O Ntobela.  My Commanding Officer at the time was Col Fetman, a Branch Commander at the Security Branch.

MR DUKADA: Briefly, Captain, can you just tell the people here what actually took place there, in very brief terms.

NELSON NKOSINATHI SIQHOLA: When we arrived there it was myself, Sqhola(?), Const Themane, W/O Ntobela, Sgt Madikizela, Const Ntjali, Const Gumengu, W/O Mzinyati.  When we arrived there we were actually investigating, following up the clues that we got when we were torturing Dugard Maqekeza, who told us that his brother who was also an alleged terrorist, was in Willowvale.
	When we arrived at Mr Jafta's place we were shot at with an AK47 rifle.  We ran away.  We ran out of the yard.  We didn't actually leave.  There was a dense forest just behind the shop, we walked around the forest because we could see that the person who was shooting was actually in that forest.  
	We called for reinforcements in Butterworth and Umtata.  Butterworth sent some soldiers under the command of Lieut Mandela.  A lot of policemen came from Umtata, amongst them there were a few people that were known to me.
	During the day, as we were still surrounding that forest, we heard some sound and we realised that it was not a firearm, it was not a gunshot, those were handgrenades and rifle grenades.  The soldiers from the anti-riot and the policemen shot at Mr Jafta's house and the shop and so much damage was done on the shop and even the groceries inside the shop were in tatters."

MR DUKADA: Do you know a reason why the house of the Jafta family was bombed and burnt down?

NELSON NKOSINATHI SIQHOLA: No, I do not know because the terrorists that we were looking for were in the forest or in the bushes.

CHAIRPERSON: Sorry Mr Dukada, if I may just briefly interrupt.
	Did you yourself throw any handgrenades, fire any shots or take part in the destruction of Mr Jafta's property?

NELSON NKOSINATHI SIQHOLA: I never participated in damaging the property, but I was part of the operation.  I can't even handle a handgrenade and a rifle grenade.  I never participated.

MR DUKADA: Thank you.  Are you admitting that you were part of the policemen who were at the premises of the Jafta family when the house was gutted down?

NELSON NKOSINATHI SIQHOLA: Yes, I was part of the police.

MR DUKADA: Though you did not physically do anything either to damage the property or cause any other harm in the family.

NELSON NKOSINATHI SIQHOLA: That is correct.

MR DUKADA: And is it correct that the Jafta family, that is the father and the mother, the son and the daughter, were also detained and taken to Norwood security offices in Umtata?

NELSON NKOSINATHI SIQHOLA: That is correct.

MR DUKADA: And Boy Jafta was interrogated and assaulted and you also took part in the assault.

NELSON NKOSINATHI SIQHOLA: That is correct.

MR DUKADA: Captain, did you personally acquire any benefit as a result of your activities in the Transkeian Police Force?

NELSON NKOSINATHI SIQHOLA: No, there was no benefit.

MR DUKADA: Is it your evidence before this Committee that you genuinely and bona fide believed that you were performing patriotic duties then?

NELSON NKOSINATHI SIQHOLA: I was certain that I was actually protecting my country and I was honest.

MR DUKADA: Now in 1987, Captain, there was an attempt to recruit you to join a notorious Security Branch, everybody called CCB.