Human Rights Violation Hearings — East London — 1997-06-11

MTUTUZELI SIBEWU: First of all Sir, the people who witnessed the harassments and torture and me and that the police would come to surround my home at night.  The people who witnessed this advised me to come forward to the Commission and because the past Government is still having certain influence I think these police would come again and try to kill me.  So they advised me to come forward to report my matter.  They asked me whether I can forgive the perpetrators or I want them to pay me.  I said that it will be God or we will see what to do with them.  He will be the one who will help me through the pain I suffered due to them, because they did not only arrest me, but they destroyed my reputation to White people who were helping me and those White people who were trying to help me were also harassed although they asked me not to mention their names in the Truth Commission.

ADV SANDI: What were you doing Mr Sibewu?

MTUTUZELI SIBEWU: I was a carpentry and I would help in building contracts?

ADV SANDI: Is that all before I hand over to the Chairperson?

MTUTUZELI SIBEWU: Yes, that is all Sir.

ADV SANDI: Thank you Sir.  Thank you Mr Chairperson.

CHAIRPERSON: Mr Sibewu, in your statement you mentioned Imbokhoto in which you were a member in 1980.  What is this Imbokhoto?

MTUTUZELI SIBEWU: I was involved in this in 1978 Sir.

CHAIRPERSON: So in 1978 you were a member of Imbokhoto.  What is Imbokhoto?

MTUTUZELI SIBEWU: Imbokhoto was an opposition party existing at the time.

CHAIRPERSON: Was there an Imbokhoto in Ciskei?

MTUTUZELI SIBEWU: Yes, it is the one I am referring to.

CHAIRPERSON: Thank you Mr Sandi.  We would like to swear in Mr Michael Nothwala and we will hand over to Reverend Xundu.

REV XUNDU: Michael Nothwala please stand up.

MICHAEL NOTHWALA: (Duly sworn in, states).

REV XUNDU: Thank you.  You may sit down Sir.  Chairperson, he has been properly sworn in.

CHAIRPERSON: We welcome you Mr Nothwala.  We will hand over to Mr Sandi to ask you questions concerning your statement before the Commission.

ADV SANDI: Thank you Mr Chairperson.  Thank you Mr Nothwala.  Mr Nothwala, in 1977 while you were 19 years old you were arrested in Mdantsane.  Is that correct?

MICHAEL NOTHWALA: Yes, that is correct.  You were taken to Fleet Street Police Station.  Is that correct?

MICHAEL NOTHWALA: Yes, that is correct.

ADV SANDI: Why were you arrested?

MICHAEL NOTHWALA: I was arrested for public violence arising out or riots.

ADV SANDI: Let us go to Fleet Street Police Station.  What happened to you when you got there?

MICHAEL NOTHWALA: First of all, let me put it this way, the police came at home looking for Michael Nothwala.  They found my mother.  My mother was old at that time.  We were on our way home at that time.  When I got home my mother told me that, Michael, police Ncoko and Mostert were looking for you.  If Michael, if they cannot find me, if they can find me they are going to shoot me and put me next to the tree in my home and bury me there.  When I heard that my mother was being harassed by the police, because they were looking for me, they took my mother to the police station.  I was in Ndevana at the time, because I was running away from the police.
 My brother, Skweriri, came to Ndevana.  He told me that our mother was arrested.  She was in prison, because they were looking for me.  He told me to go to the police station so that they can release our mother.

ADV SANDI: Did you go to the police to hand yourself over?

MICHAEL NOTHWALA: Yes, I did at about ten.

ADV SANDI: Your mother was released because you went there?

MICHAEL NOTHWALA: Yes, they released my mother in the morning, because I arrived there at ten at night.

ADV SANDI: For how long did your mother stay in the police station before she was released?

MICHAEL NOTHWALA: I think it was for three weeks.

ADV SANDI: She was arrested because they were looking for you and they could not find you?

MICHAEL NOTHWALA: Yes, that is correct.

ADV SANDI: You were then arrested and your mother was released.  What happened to Fleet Street Police Station?

MICHAEL NOTHWALA: We were kept in Mdantsane Police Station.  Ncoko and Mostert came at night.  At about 12 midnight they called out our names, Tobie Konyalobese, they say Michael Nothwala.  We stood up and the doors opened.  After that we, the, we went out.  We saw Mostert, a White policeman, and Ncoko, a Black policeman.  They said that we were terrorists and they were looking for us saying that we were fighting against the Government.  We said that we do not know anything about that.  They used a 4.1 white car.  Mostert was driving.  They took us to Fleet Street in a small room.  You could not even see down.  We had to stand up the whole day.  Tobie Konyalobese was called to one office.  We advised each other with my friend that if they are assaulting you, you must scream so that I can hear what was happening.
 After that Tobie Konyalobese screamed begging them not to kill him.  I could hear that he was being assaulted.  After that I was called.  I got in the office.  Tobie Konyalobese was released and they took, they closed, they took him to that small cell.  When I was in this room they told me to sit down.  They asked me what was happening in Highway.  I said I know nothing about Highway.

ADV SANDI: What was happening in Highway at this time?

MICHAEL NOTHWALA: We were coming from Steve Biko's funeral.  After the funeral we heard rumours on our way back that there was something happening in Highway.  We were told not to go through Highway, to take the other way and the bus took us to Tandabhantu.

ADV SANDI: These two police were they killed at the time when you were arrested?

MICHAEL NOTHWALA: When we were coming from King William's Town we did not hear anything about two dead policemen.  When we were our way there was a garage in which we stopped and we did not go to Highway, we took the other way.  The bus went through Tandabhantu Cash Store.

ADV SANDI: What were you charged of?

MICHAEL NOTHWALA: In court I was found guilty, because there was a car belonging to Coca-Cola which was damaged.

ADV SANDI: Is that the only accusation laid against you?

MICHAEL NOTHWALA: After that, because we did not want Government cars in our area, I was then charged of being involved in killing the two policemen in Highway.

ADV SANDI: How long did you stay in prison after you were sentenced?

MICHAEL NOTHWALA: Before I was sentenced I stayed for six months in Kulungutu.  I was alone.  There was nothing for me to read.  It was only myself, my blankets and the bucket.

ADV SANDI: The three years you sentenced, did you spend it in prison?

MICHAEL NOTHWALA: Yes, in Waainek Prison in Grahamstown.

ADV SANDI: You said that you suffered internal injuries.  Can you please explain this to us.  What happened to you?

MICHAEL NOTHWALA: Yes, I can tell you.  When I was released in Waainek in 1979, on the 17th of November when I was released from prison I came back home.  Within three months I was vomiting blood, because of the injuries sustained in prison.  I tried to treat myself.  Even last week I vomited blood again.

ADV SANDI: Because of this incident you stopped school and you could not even find a job?

MICHAEL NOTHWALA: First of all, I did not, I was not able to go back to school.

ADV SANDI: In which standard were you?

MICHAEL NOTHWALA: I was doing standard six at the time.

ADV SANDI: Did you find work after you were released?