Human Rights Violation Hearings — Newcastle — 1996-09-12

WITNESS:   From Newcastle Police Station.  The continued kicking us and they searched the house.  They asked us our names, and they had a list with house numbers.  But we didn't tell them our real names.  As they were kicking us other whites, Piet and Venter, came inside the bedroom.  I don't know what was going on inside the bedroom because they were taking one by one.  With me they just put a long tube inside my mouth, and they said to me if I want to say something I must shake my head and they will realise that I want to say something.  They continued hitting me.  I told them I don't know any guns, and they continued telling me that I will point the guns to them.  Later I think they were going somewhere to pick other ANC members as well.  They took the list.  They asked my name and they looked at the list.  I am not quite sure whether my name was on that list at that time, but I told them my name, and unfortunately my name was on the list even though they didn't tell me that my name was on the list.  After that they realised that they can't find anything inside the house.  Piet and Venter were left inside the house, the others left.  Others were wearing moon hats.  I think they were wearing Balaclavas.  They left the house with me.  Outside they asked me if for real I don't know where are the guns.  I told them no, I didn't know any guns.  They left with me.  I was unconscious, and the only time I regained consciousness is when I was behind the police van.  And they put me inside a sack and they told me they were going to kill me if I don't point guns to them.  Others were told to sleep.  They went with me the whole location looking for others or other members, and they couldn't find other members of ANC.  And then in the morning they took me to the police station, Madadeni Police Station.  They took a statement, and they were busy hitting me.  Everyone had a gun.  And when we arrived at the police station that's when I realised that the driver of the car was a black policeman and the others were all whites.  I was hurt.  They looked me up.  They took a statement and they didn't ask me anything.  Piet and Venter just wrote that statement.

MR DLAMINI: Who were beating you?  Was it Piet and Venter, or others were beating you and then Piet and Venter were just there?

WITNESS:   I don't know these other policemen.  I only heard Piet and Venter names, because these two were the bosses, they were calling them every time they were asking me a question.  If I answered they were calling them.  Even when we went to the police station, when they took a statement they were the ones who were writing that statement, not me.  They didn't even ask me anything.  I tried to ask this other black policeman to ask if - to explain to me what was the charge, and he couldn't explain.  And they brought me back.  They didn't want to leave me at home.  When I asked the policeman why I was at the police station he didn't tell me.  The next day I was beaten by Piet and Venter.  I don't know why.  They didn't take me to court up until when they could tell that I was better.  Then they took me to court, and the Magistrate didn't even ask me anything except to tell me that he is remanding the case and I'll be out on R1 000,00 bail.  And I didn't have that kind of money because my granny receives pension.  Later on my family raised this R1 000,00 for bail and then they bailed me out.  It was on a Thursday.

MR DLAMINI: How long were you in custody?

WITNESS:   I think one week.  After I was released comrades came and fetched me here in town, and then I explained to my parents at home ... (inaudible) ... I went, I was scared to sleep at home.  We changed the place because we were scared to go  and sleep where I was arrested initially.  At about 12 o'clock ZPs came.  We refused to open the door, and then they told us if we don't want to open the door they'll force us to do so.  They threw a tear-gas canister and we didn't want to open the door.  They only broke one window.  I realised that this tear-gas was now too much and it was getting worse.  I opened the door.  This other person ran and left.  I couldn't run.  They took us and I was arrested.  I heard - because I asked them what was wrong, "Because I was arrested and I am only out on bail, and why are you arresting me again?"  They said, "There are other members too who are arrested as well, so you are with them."  So I told them I wasn't there when the policeman was killed, I was in custody.  They said they needed R500,00 bail, and I also didn't have that money.  Even then I couldn't go to court because I was still sick after inhaling that tear-gas the previous night.  They didn't want us to bathe, not even to wash our faces.  All these cases I asked the prosecutor - in fact I explained to him that, "Police have assaulted me, and I also want to open a case for that," and he said, "Yes, it will."  And these cases went on by just like that.  They were final ... (inaudible) ... appearing in court and explaining.

MR DLAMINI: You said you were prepared to file a case or to open a case.  What happened?

WITNESS:   I went to Madadeni Police Station and I reported the matter, but because I was an ANC member they didn't take that.  They used to take statements from Inkatha people.  I told police from Newcastle Police Station.  They sent me back to Madadeni Police Station, and Madadeni Police told me I must go back home, they will come and fetch me.  After a week I realised that they were not coming, and I couldn't go because I was still sick, and again I was also scared because Inkatha people were all over the place.

MR DLAMINI: When you went to Madadeni Police Station did they write anything down?  Did they take a statement from you?

WITNESS:   No.  I can't remember his name, but I know him.  If I can see him I can identify him.  He didn't write anything.

MR DLAMINI: Venter and Piet, are they still in Newcastle?

WITNESS:  The last time I saw them it was in 1993.

MR DLAMINI: We will try by all means and check if we can find these two policemen.  Did you see a doctor after you were released?

WITNESS:   The only hospital I was supposed to go to it wasn't easy for me to go to that hospital because these Inkatha people were also there all the time, so I was scared.  I knew if I will go to the hospital they'll attack me.  The only help I used to get was to buy tablets from chemists.

MR DLAMINI: Are you still in pains?

WITNESS:   Yes, I am.

MR DLAMINI: Can you please explain to us?

WITNESS:   Firstly I have a terrible headache because I was injured.  I was also hit by a gun, and I got swollen even though I never bleed.  And also my rib.  I think one of my ribs is broken.  I don't know what caused that.  I think it was the kicking from the police.  And I also am having these terrible headaches all the time, and also my arm gets tired more often.

MR DLAMINI: We will try and see if maybe you can see doctors, and if they can find something and maybe if they can help.  We will try and do that.

WITNESS:   I will be very much happy if you can do that for me, because I would also like to hear from these policemen why they did what they did to me.

MR DLAMINI: Thank you.