Human Rights Violation Hearings — Durban — 1996-08-28

WITNESS:   After October the 23rd I did not stay at home any more.  I could not go back there because I knew that we were wanted, and our family was divided because the picture that the community got was that it was my doing that resulted in our home being attacked and people dying.  So I ended up being a vagabond, going around staying everywhere I could, because of the division that existed in the family.  Now people sort of ostracised me, because they were scared to be associated with me because I was highly active in politics, and I was not supposed to be seen with other people in the community because they were scared that they were going to be victimised.  In 1986 there is a certain house at which we were staying, and at about 2.00 am in the morning we saw that the house was surrounded by the Flying Squad, and they knocked very loudly.  We were taken and we were detained in terms of section 29 of the Internal Security Act.  We were taken to the police station.  Apparently the Flying Squad came out to search for us.  We were taken to the charge office, and whilst we were there we were joined by a group, a very big group of people.  I think we were about 15 or 20.

KHOZA MGOJO: How long did you stay there?

WITNESS:   We stayed for about three hours, and we started being tortured by the police who were at the GG Police Station.  They assaulted us and they were laughing at us.  We were a laughing stock.

KHOZA MGOJO: When you say you were tortured, what actually did they do to you?

WITNESS:   One would just come, walk across the room and clap you with the back of his hand.  It's quite a long time and I don't remember any one of them, because at that time the police never used to put their identities.

KHOZA MGOJO: Now, could you please tell us about your detention for three months.

WITNESS:   We were taken to C R Swart.  After had photos had been taken we were taken to the Westville Prison for three months.  Now it was not three months.  It was the first time when I was detained for three months, but the second time ... (inaudible - end of side A) ... yes, I think it was section 29 of the Internal Security Act.

KHOZA MGOJO: Your statement is not very clear.  Let me just tell you.  Now I have to clarify certain issues, so I have to ask a lot of questions because the years don't go according to the sequence in which you relate them.  Now we have to clarify certain issues.  In your statement there is somewhere where you tell us that you were put in solitary confinement.  Is that correct?

WITNESS:   Now, that is when - yes, that is true, but it's when I was detained for the second time now.

KHOZA MGOJO: Is it correct that they used to put liquid paraffin in your meals?

WITNESS:   No, I was given liquid paraffin because I used to have a problem with constipation.  So they used to give me liquid paraffin to ingest after I had taken the food.

KHOZA MGOJO: How was the liquid paraffin?

WITNESS:   Well, it was difficult taking the liquid paraffin, but I think it did help me.  But it was terrible because it made the food tasteless.

KHOZA MGOJO: Is it correct that you embarked on a hunger strike at some stage?  For how long did you embark on this hunger strike?

WITNESS:   It was for 38 days.

KHOZA MGOJO: Where were you at that time?

WITNESS:   I was at a prison in Gingindlovu.  After about 14 days whilst I was there I was taken to the Durban North Police Station.  It was at night when they took me.  I realised only in the morning that I was at Durban North Police Station.

KHOZA MGOJO: At the time that you were suffering from this stomach problems were you taken in for medical attention?

WITNESS:   No, I was never taken to any doctor, but I remember being taken to a medical officer.  And there were so many of us who were actually sick.  We were about 100, but it took the doctor 30 minutes to examine us all, and I realised that we were just being conned.

KHOZA MGOJO: In your statement you said you were in a hunger strike for 38 days.  After that you were released.

WITNESS:  Yes, they did release me, but I was not supposed to go out.  I had to stay at home.  Lister was also one of the attorneys who helped us.  The other was Eunice Mohammed & Associates.  There were so many of us, as well as the attorneys were many.

KHOZA MGOJO: Now, when you went out of the prison you went home.  Did the police come thereafter?

WITNESS:   No, they used to come because the restrictions that were given to us were that I should go to the police station and report twice a day.  That is in the morning between eight and nine, as well as in the afternoon between three and five.  And at the same time at 8 o'clock I should be inside the yard.  From 5 o'clock in the afternoon up until eight in the following morning I was supposed to be at home and not move out of my yard.  And between nine and five in the afternoon I had to go to the police station to report, come back home.  At 3 o'clock again I was supposed to go to the police station.  Then by 5 o'clock I should be back at home.

KHOZA MGOJO: At night did they ever come to check on you?

WITNESS:  They used to come every time in the evening to check on me.  At times I would just wake up in the middle of the night and go wait for them outside, because I used to - I wanted to avoid the manner in which they knocked when they wanted me.  I took them as part of my family.  I just woke up and went to them.

KHOZA MGOJO: Now we just want to finalise because we are running out of time.  I just want to find out from you, those incidents which took place at your home that affected you as well as your family, did you ever report this to the police?

WITNESS:   At the time when I was detained I told one of the SB members, and he told me that I should report it to the police, but I told him that I could not report it to the police because they were the ones who were victimising us, and they were the ones who were hunting me.  And I also pointed it out to him that Makwane was also there, and he was a policeman, so I could not go to that police station.

KHOZA MGOJO: What about your attorneys, did they ever help you to report this matter to the police?  Isn't there ever anything that they did?

WITNESS:   It was difficult because Mr Gumede at times would also get arrested, so they couldn't help us in any way at times.

KHOZA MGOJO: The police as well as Inkatha were united against the community and against us, so we could not really go to the police to report, because it was a well known thing that police were colluding with Inkatha and terrorising the community, as well as UDF and ANC members.

KHOZA MGOJO: Now, you have come to this Commission.  What are your expectations?  After relating your story what do you expect the Commission should do for you?

WITNESS:   I don't  know where to start, but what I can say to this Commission is it was quite acceptable that we were fighting for freedom at that time, and the political situation was quite volatile at that time, but the violations as well as the tortures that used to go along with it was that not you as a person or as a politically active person were victimised, but your family was also victimised.

KHOZA MGOJO: We know that very well, Sandile.  We are quite aware of that fact, but what I want to know is what are your personal expectations?  After relating the circumstances to us what are your personal expectations?

WITNESS:   Well, the people who were involved in burning my house down, we want them to come forward so that they should talk this over.  I want to look them in the eye so that they should tell us as to why they did this.  Maybe we could be paving the say for reconciliation.  My sister-in-law is still very young, and she had severe burns, and I would love her to be able to undergo plastic surgery.

KHOZA MGOJO: What's her name?

WITNESS:   It's Thithi.  It's Mrs P Thusi.