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

UNKNOWN: We can understand that you were tortured and you were harassed, and it's quite a circle of harassment.  The people who harassed, did you ever see them?  Can you identify them?  Do you know their names?

WITNESS:   In my attorney's file - at the time that I submitted the statement I still remembered all the names, but now I don't remember the names.  All the details are with my attorney, because at the time I remembered their names.

UNKNOWN: In other words if we get hold of your attorneys all the information that we need we will get?

WITNESS:   That is  correct.

UNKNOWN: Where are the attorneys now?

WITNESS:   They are at The Daily News.  That is on the 14th floor, at Martin & Kemp firm of attorneys.

UNKNOWN: We shall try to get hold of the attorneys so that they can shed some light as to what happened, and as well as the essential information that we need with regard to your case.  You were obviously tortured.  How did your life change after you had been tortured?  Let me just start from the time of the assault, when you were being assaulted in the Casspir.  Did you get injured, and what happened?  Did you get any treatment?

WITNESS:   As I have said you could not recognise me.  My head as well as my face was swollen because I was being repeatedly hit by the butts of the guns.  I did receive treatment from a private doctor, and I went for treatment at the clinic.

UNKNOWN: How was your life affected thereafter?

WITNESS:   Yes, somehow I have lost sight.  I cannot read.  I have to bring the paper closer to me.  I am very short-sighted after this happened.

UNKNOWN: Did this happen after the assault?

WITNESS:   That is correct.  And after that I was having fainting spells.  I also do get dizzy at times, and I went to see a private doctor with regard to that, but he said I could not be cured, and early retirement was arranged for me.  But he said to me I could only the pension for one year, and I got this money twice.  Thereafter I did not get anything, and I don't know what has happened.  I have got a family to maintain.  My wife is not working.  My child had to leave school and go and look for some work because we couldn't make ends meet. For how many years did you work after you had beenharassed?   ---   I stopped that very same year that I was assaulted because I could no longer go on.  And I did not trust anybody at that time because I did not know who had gone to the police, so I decided to stop working at that place.

UNKNOWN: What are you expectations from the TRC as you say your life has changed and you were harassed?  What requests would you like?

WITNESS:   I would request the Commission to try and find who these soldiers were so that they can answer certain questions that I have.  I want to know why they assaulted me, where did they get the information that I was a member of the UDF?  I would also like the Commission to investigate the attorney who took my case, and who took my money, and at a later stage decided that I did not have a case at all, because I never appeared at court.  Now my daughter, who comes after the one who went to work, she could have continued with her education, but now she cannot because I have got no means to send her to school.  She had failed her matric exams.  Now I wanted her to continue with her matric and complete it, but she could not because I did not have any more money for her to further her education.

UNKNOWN: Just two questions.  Do you know the driver of the bus out of which you were taken by the soldiers?  Was it not the Municipality bus?

WITNESS:   No, it was a Putco bus, and I do not know the name of the driver.

UNKNOWN: Is it possible for us to get your medical certificates as to where you are receiving treatment?

WITNESS:   I do have those certificates.

UNKNOWN: It is very obvious that you were traumatised, and we  /do hear

UNKNOWN: do hear your request.  We shall collect them and makethose recommendations to the State President.  He is the one who takes a resolution.

WITNESS:   I have got one request.  I shall ask you to investigate the attorney who took up my case.

UNKNOWN: I shall hand over to the Chairman.

COMMISSIONER: Thank you, Mr Madela, very much ... (inaudible) ... in January 1987.  It seems from that day on your whole life was turned upside-down.  You were sitting on a bus, on your way home, wearing the uniform of your employer, and that was sufficient for soldiers of the South African Defence Force to brutally assault you.  These were people whose job it should have been to protect people and to uphold the law, but because of the system of apartheid it was their job to uphold that system, and they spent much of their time and their energy harassing and assaulting people, and it is little wonder that ordinary people have so little respect for the law and its institutions today.  As Dr Magwaza has said, we are not in a position directly to assist you, but we will make recommendations to the police as to how people like you may be assisted, and we will be passing those recommendations on to the State President.  And we certainly will look at the court documents, or the papers, affidavits that you filed with your attorney, to see why no action was taken in that case.  And we will look at the documents from the Durban Corporation to find out why you were placed on early retirement, to see whether this was in fact linked with your assault.  Again thank you very much for coming in and telling us your story.  Thank you very much.

WITNESS:   Thank you.

COMMISSIONER: Mr Bonginkosi Aaron Mzobe.  Thank you, Mr Mzobe, very for coming in.  Can you hear me and understand me through the earphones?

BONGINKOSI AARON MZOBE: Yes, I can hear you.

COMMISSIONER: You are here from Amawoti.

BONGINKOSI AARON MZOBE: That is correct.

COMMISSIONER: And you have come to tell us about your experience, harassment at the hands of the Self-Defence Units in KwaMashu.  Before you give your evidence can I ask you to stand up and take the oath.

BONGINKOSI AARON MZOBE: (Sworn, States)   (Through Interpreter)

COMMISSIONER: Mrs Gcabashe will assist you with your evidence.

MRS GCABASHE: Good afternoon, Mr Mzobe.  I thank you that you have remained in this hall up until this time so that you can appear before this Commission.  Before we even go further into your story I want you to tell us about your family.

WITNESS:   My name is Bonginkosi Aaron Mzobe.  I was born in 1953.  I was born at Nkhumbane.  That is where I grew up, and we relocated to Newlands with my parents.  Presently my parents have since been deceased.  I have got two children, Nthokozisi as well as Kohliswa Mzobe.  It's a boy and a girl respectively.  As well as their mother.  I am from Mapumulo.  That's where I originate from.

MRS GCABASHE: You said your wife is still alive.

WITNESS:   Yes, I do have a wife.  It's only my - my mother is alive.

MRS GCABASHE: Are you working?

WITNESS:   No, I have stopped working.  I think it's about nine years now since I've stopped working.

MRS GCABASHE: You told us that you've been harassed by the Self-Defence Unit.  You can now start relating as to what happened, or what culminated to the harassment.

WITNESS:   I think at the time that I submitted my statement certain things were left out because I was harassed by the SDU as well as the SPU as I am here.  I think if I can leave the SPUs out I would not be satisfied.

MRS GCABASHE: All right, let's start with the SDU, because you've submitted a statement about the SDU.