Special Hearings — Women's Hearings — 1997-07-29

NOZIBONELO MARIA MXATHULE: This person attempted to rape me, because he had lust for me.

CHAIRPERSON: For how long had you known this person and in what context?

NOZIBONELO MARIA MXATHULE: I attended school with this person from Grade A up till standard five.  He left town and then he attended school in Transkei.  That is how we could not continue our studies together, because he left for Transkei.

CHAIRPERSON: But he was not doing that in a political context, he was just doing it as a man who wanted to do that to you as a person?  I am trying to get that clarity.

NOZIBONELO MARIA MXATHULE: Yes, because when I explained this to his father, he explained to my father that your child is, they are use to each other.

CHAIRPERSON: Again, I would like us to be clear on this.  So, this man wanted to rape you not because it was a, there was no political context.  He was just doing it, because he is use to doing that.

NOZIBONELO MARIA MXATHULE: The riots were not yet over in Jubatine at that time.  We were still involved in the political struggle.

CHAIRPERSON: So, this man was a trained policeman?

NOZIBONELO MARIA MXATHULE: Yes, he was a trained policeman.  He was not stationed at Klerksdorp, he was in, he was stationed at Stilfontein, not in Klerksdorp.

CHAIRPERSON: Can we, can you tell us a little bit more about your experiences at the guest house.

NOZIBONELO MARIA MXATHULE: At the guest house they ordered us to strip naked and face the wall.  The policemen started assaulting us, ordering us to kiss the wall, some of them kicking us.  They assaulted us a lot.

CHAIRPERSON: Maybe if you can just give us a context of that.  How were you taken to the guest house?  Were you in the company of other women as well?

NOZIBONELO MARIA MXATHULE: At that time we were still young girls.  We were members of the ANC's Youth League.  We were still teenagers.

CHAIRPERSON: When you look back now how, why did they pick on you on that day?

NOZIBONELO MARIA MXATHULE: They knew that there was a funeral we were supposed to attend and we, therefore, would attend that funeral.  That is why they were always on the look out for us, especially on that day.

CHAIRPERSON: If you are still, if you can still remember, how many women were with you at the guest house?

NOZIBONELO MARIA MXATHULE: We were quite many boys and girls.

CHAIRPERSON: Maybe for the purpose of your appearance today, can we just try to assist you to remember what happened to you and other women, in particular.  In your statement you do talk about what they did to you.  You mentioned the spraying with cold water and can you just try to remember what they did to you and any other women on that day, in particular, if you can remember.

CHAIRPERSON: There was, there is a friend of mine who stayed in Carletonville.  They raped her.  Three policemen raped her and others who were in our company on that day.

CHAIRPERSON: You talk about a friend who was raped by three policemen.  Did they do that in your presence on your arrival.  Can you just assist the Commission to visualise what happened.

NOZIBONELO MARIA MXATHULE: She explained to us that they raped her and she did go to the hospital.  At the hospital they gave her pain tablets and she left the hospital.

CHAIRPERSON: In your knowledge did she report to the hospital that she was detained and raped by the police?

NOZIBONELO MARIA MXATHULE: At that time I did not ask her whether she did explain that she was raped, because I was also sustaining injuries and I could not walk myself.

CHAIRPERSON: There are a few women who were with you although you cannot remember exactly how many were there.  Here in your statement you do say here you were stripped naked, sprayed with cold water and sjambokked.  Can you remember any other things that they did to you?

NOZIBONELO MARIA MXATHULE: Yes, I can remember some of the incidents that took place.  They kicked us, they assaulted us, they kicked at us and ordered us to kiss the walls.

CHAIRPERSON: For how long did you go through this experience?  Was it something which they did within a hour?  Was it something which was done for days?  Can you just tell us more about that.

NOZIBONELO MARIA MXATHULE: This happened for a day.  If I remember quite well, they left us at about 12 o' clock.  When they arrested us they assaulted me and others from where they arrested us.

CHAIRPERSON: So, for how long were you in detention?

NOZIBONELO MARIA MXATHULE: What are you, pardon, may you repeat your question please.

CHAIRPERSON: I am looking at your statement and looking at what you say was done to you, but it is not clear as to how much were you kept in detention.

NOZIBONELO MARIA MXATHULE: They assaulted us afterwards.  Those who could not manage to walk were thrown outside on the lawn and we left that place early in the morning at about six o' clock to seven o' clock.  They ordered us to leave the guest house.

CHAIRPERSON: After that you did not get into trouble with them again?

NOZIBONELO MARIA MXATHULE: I never had any problems with the police.  I only had a problem with Mr Willard who wanted to rape me and assaulting me.  That is the only problem I sustained afterwards.

CHAIRPERSON: Okay, thank you very much.  I will then give this opportunity to other Commissioners to ask you a few questions which will help us to get clarity of your story.  Joyce Seroke.

MS SEROKE: Maria, we want you to assist us to have the political context of the first story you told us about.  You heard that Sheila Meintjies during her submission here, she said that at some of the days, there is a very thin line between domestic violence and political violence.  When this Willard police, this policeman, Willard, called you to his house and attempted to rape you at gunpoint, did he do this because he knew you were a Comrade or he just did it because he wanted to have sex with you?  Maybe because he did not, despised your husband because he was a cripple or rather you were a Comrade and he was a policeman and that offended him that you were a Comrade or he just did it, because he had lust and because your husband was disabled.

NOZIBONELO MARIA MXATHULE: He did this because he knew I was a Comrade and my husband was also a Comrade and he was a crippled or disabled.  He could not defend us and he was involved in the struggle with one of our friends.

MS SEROKE: Now, you state that this other Comrade who stated that he was just playing games with you.  Was he also belonging to your youth group, the ANC Youth Congress or whatever?

NOZIBONELO MARIA MXATHULE: Yes, even during meetings we were together.  Sometimes we got arrested or we would be chased by the police and some would be arrested.  However, if he was arrested with us he would be released later.

MS SEROKE: Okay.  Also, coming to the second story you told us.  For us to find the political context of this, of one of the activists.  When the police chased you and led you to the guest house, because you attended an activist's funeral.  That was the reason for them doing that to you, it is that they arrest you.

NOZIBONELO MARIA MXATHULE: Yes, we were from a funeral.

MS SEROKE: When they ordered you to strip naked in front of your fellow Comrades who were males, how did you feel as women, that you stand naked in front of men?

NOZIBONELO MARIA MXATHULE: They also ordered the males to strip naked and they ordered us to kiss the wall and face the wall and start assaulting us.

MS SEROKE: Did you report this incident to the police that the police did that act to you and you did nothing?