Human Rights Violation Hearings — Winelands — 1996-10-15

MS GOBODO: Thank you very much, could we please proceed.  We will ask the briefers to prepare for Sikowukowu Malunda.

WENDY ORR: Umteto can you help Mr Malunda to actually put the earphones on.  Mr Malunda can you hear me through the earphones?

MR MALUNDA: [indistinct]

WENDY ORR: I want to say welcome to you and to your wife who is sitting next to you who has come with you today.  Please would you stand to take the oath.
SIKOWUKOWU MALUNDA  Duly sworn states

WENDY ORR: [indistinct] now going to ask Adv Denzil Potgieter to help you to tell your story.

ADV POTGIETER: Thank you Wendy, good morning Mr Malunda, welcome.  Your testimony relates to  a personal experience that you had during the State of Emergency in 1986 when you were detained - arrested and detained on the 24th of June in that year, is that correct?

MR MALUNDA: Yes, it's like that.

ADV POTGIETER: Thank you, would you like to tell us what happened to you after your arrest up to the time when you eventually released.

MR MALUNDA: In 1986 - it was on a Friday, it was the 24th of June - when I came back from work, I was in my house having tea.  After that I went to see my friend by the name of Benn Konene.  I stayed there with Benn Konene for  20 minutes chatting with his wife.  I told Benn Konene that I was going home, Benn Konene accompanied me.  We just saw a lot of policemen next to Konene's house - white policemen, their were having my child with them because they wanted my child to give them - to tell them about my whereabouts because I told him that I was going to Konene's place.
 Then the police came with my child who was telling them where I was.  They came and took me and they released the child.  They put me in the "Mellow Yellow" - the police Casper.  It was me and Benn Konene who were 
taken by the police.  When I was inside there were other policemen inside this police Casper.  There was a man by the name of Randindi which was a black man - the only black man among the white police.  There was a dog - a bid dog, I was bitten up in that "Mellow Yellow" - in that police Casper by this man by the name of Randindi.  
 There were other white policemen.  He beat me up - he was doing whatever he liked with me.  I was folding my hands because there was nothing else to do.  Even the dog who was also satisfying itself and make - my clothes were torn - I was wearing a jacket - a grey jacket.  When we are in this van Randindi didn't give me a chance to say whatever - he was just beating me.  And the white policemen were watching.  Randindi was not a police - he was just a police informer.  
 He was still beating me - he was doing everything.  There was a Sergeant by the name of Gana - a black Sergeant.  Sergeant Gana told Randindi to stop beating me.  Then he left me alone, still sitting in this police van - it was about 20 minutes - me and Benn Konene.  We went to town with this van where the other policemen were there.  I was taken to - to the second floor.
I was separated from Konene,  I was in the room with four white policemen.  There was Mr Swanepoel and the police by the name of Kaas.  Randindi was also there in the very same room, he started beating me up again with the other policemen.  There was nobody who was telling him to stop, even Swanepoel himself was also beating me.  While they were still assaulting me Swanepoel said that this is your day today.  And we've been hearing a lot about you, that you are necklacing people.  
 Today we are going to necklace you - this is your day today, we are going to kill you.  That's what Mr Swanepoel said to me, I kept quiet just looking at them.  One of the policemen came in with a box, they placed this box in this room.  They opened this box.  Mr Swanepoel said I must take off my clothes - all of my clothes, I should be naked.  I tried to - to struggle but I didn't have enough strength - I was assaulted again by Randindi and Swanepoel.  I took off my clothes and I remained naked.
 They put me in this - they took out a snake from this - from this box.  They wrapped this snake around my body - I was naked.  They - they wrapped - they - the snake fell and they took it back again and they wrapped it around my neck.  I was still naked all the time, the snake fell again - I was assaulted again by Randindi.  Randindi had a stick - the kind of stick that didn't belong to the police.  It was not a - a stick that was used by the police, it was his personal stick - his personal knopkierie.
I was injured in the head, I was full of blood all over the body.  They were assaulting me - they assaulted me for the whole night.   They would leave me and go the Benn Konene to assault him.
 Were clothes - our clothes were in  [indistinct] .  This took place for the whole night.  Swanepoel,  Gasi and Randindi were doing what ever they like.  They were assaulting me, when they realized that this snake was not harmful they took it back and they - they brought me a dog.  They locked me up with that dog - the jacket that I was wearing was new.
It was  [indistinct] because of this, I couldn't do anything with that jacket anymore.  1 o'clock in the morning they took me - they took me to Wellington.  I was there until the next morning, on a Saturday.  Still there in Wellington one of the police officers - a white man arrived wanted to see the condition of the people who were arrested.  I made a request to this police officer because every - I was hurting.
Every part of my body was painful, I asked - I pleaded for some help.  I asked if he can not do something so that I can get some - a doctor or maybe go to the hospital because I couldn't sleep, I couldn't so a thing.  My body was hurting, the police said it's fine.  He took me, he helped me - about half past 9 a van came, I was taken to Paarl East Hospital.  
 When I arrived there I had a problem when I told the doctor that I was - I'm in need of help and he asked me who are you and I told him that I'm a person.  And then he said to me
By being a member of  UDF can you see now the benefits of
being a member.  Why did you join the UDF in the first 
place?
I didn't respond.  Instead of getting the help that I was needing they didn't take care of me - I was not satisfied in that hospital because of what the doctor said.  I went back to the cell in Wellington, on a Monday they came - I was taken to Court - in C Court in Paarl.  I was there for a long time something like four months I was in the cell.
They used to take me to court and interrogate me and accusing me - they accuse me of trying to kill Nodobeco Konquso.  So I must  [indistinct]  - they said I wanted to kill Nodobeco Konquso.  I couldn't respond because I knew very well that there was nothing like that but I had hoped that everything is going to be clear very soon.
 I was taken out from C Court - I was taken to the Regional Court.  I was released and I was not told whether I was guilty or not after four months.  That was on the 25th of September, meaning I spent four months in that Court.  I went out, I made some effort to try and clear my name.  I went to Stellenbosch to see an attorney, I told him about my case and I was not guilty though I was assaulted and now I - I was claiming because I spent time in jail for nothing.
 They attorney tried something but me clothes disappeared, I couldn't get my clothes back.  There was no direction of my  clothes, my clothes were full of blood they were in   [indistinct] I wanted to use them as evidence.  What's happened after that when I claimed - after I've claimed this the - my attorney took my - took - took the policemen to the court.
They refused to go to court instead they sent some amount - some money about R10,000-00 whereas our decision with my attorney - I was going to claim 90,000 to clear my name.  They gave me this 10,000 and that was the end of my case.