Human Rights Violation Hearings — Ladybrand — 1997-06-24

WITNESS:   If it's possible, because I am so forgetful, I even forget something that is in my hand, but I know their names.  I know Vicky and I know Fourie.  These are the people who were in charge of this case.

MR LAX: (Inaudible) ... farmer?

WITNESS:   I do not know whether was he a farmer or not, but he had the soldier's camouflage on that day, but I was accused of breaking into his house.

MR LAX: Thank you very much, Chairperson.

PROF MAGWAZA: I am very concerned about the torture and all the assaults that were done in your body, and you have  mentioned that you went to hospital at that time only once.  Have you ever had any treatment?  What's your state of health now?

WITNESS:   My state of health is at risk because I cannot urinate properly, and sometimes my body gets numb.  I am forgetful, I forget everything.

PROF MAGWAZA: Are you getting treatment from anywhere else?

WITNESS:  No treatment because of lack of funds.  I cannot get any work.  I have to take care of my children, take care of my mother and my other siblings.

PROF MAGWAZA: Okay, thank you.

CHAIRPERSON: I am not going to ask you many questions because I can see how much traumatised you are, but I am just interested at those human skulls which were on the farm.  Can you remember how many they were?

WITNESS:   The three - the policeman had a skull in his hand, and he threw that at me.  I think I saw three skulls.

CHAIRPERSON: Did they ever tell you where they got those skulls?

WITNESS:   They said those were the skulls of the terrorists just like myself.

CHAIRPERSON: Thank you, that is noted.  You have again said that they kept you for two to three weeks in the farm, and whilst you were there a certain doctor came, who gave you the pills which made you numb.  Did this doctor ever tend to your injured parts of your body?

WITNESS:   This doctor examined my body.  He took out some of the splinters that were on my face.  He left the one behind my head.

CHAIRPERSON: And did this doctor ever treat your injured private parts?

WITNESS:   This is the doctor who amputated me.

CHAIRPERSON: Were you bandaged?

WITNESS:   There was something like  a torch, and when they used it my skin would stretch, and they only put a pipe on my penis and fastened it with something like a rubber, or an elastic rubber.

CHAIRPERSON: Do you know the name of this doctor?

WITNESS:   I do not know the name of the doctor, Sir.

CHAIRPERSON: (Inaudible) ... say where he was practising?

WITNESS:   I do not know where his practice was.  He only came to the farm.  I saw him at the farm.  Because I was locked in a shack, and my hands were tied with a wire.

CHAIRPERSON: (Inaudible) ... people like Mr Vicky, the warrant-officer would know him?

WITNESS:   Yes.  He is the one who came with the doctor.

CHAIRPERSON: Another question.  You said that you were made to write a statement.  Can you remember what you were asked to write on that statement?

WITNESS:   I remember just a little.  I am so forgetful, because these tablets that they gave me had an effect on me.  I forget easily.  But this is briefly what I - they said I should agree that I broke into the house, and they took the fingerprints of my right hand, and they said I should not stand against his word that I was harassing the white lady at the farm, I wanted to rape her.  That is when they shot me.

CHAIRPERSON: So that is what you were compelled to write in your statement?

WITNESS:   They were actually emphasising the fact that I stole money to the value of R1 800,00 and I raped.

CHAIRPERSON: And you were given five years' sentence?

WITNESS:   I was sentenced to five years' imprisonment.

CHAIRPERSON: I have forgotten, just remind me.  You said that it was said that you raped a lady.

WITNESS:   They said I raped an old woman who was at that farm.

CHAIRPERSON: Was she a labourer?

WITNESS:   I do not know, because  I spent a lot of time working in the mines.

CHAIRPERSON: Was this lady a white lady or an African lady?

WITNESS:  It was a white old lady.

CHAIRPERSON: And for raping a white lady you are given five years?

WITNESS:   It was a political - they said a political case, and the raping of a woman were dropped, and the one that cropped up was the housebreaking offence.

CHAIRPERSON: Thank you.  What political case was that?

WITNESS:   This is the issue of Oliver Thambo.  They told me that Oliver Thambo ran to Lusaka and Mandela is in prison and he will die and rot there, and I told them that I do not know these people.  These are the only two people that I know that were involved in politics.

CHAIRPERSON: Did you belong to any political organisation yourself?

WITNESS:   I was just working at the mines.  I was not involved in politics.

CHAIRPERSON: Well, Mr Motheoane, I am not going to press you, but to me I don't understand this.  You know any person who has lived in South Africa would know what would happen to a black person when he is alleged to have raped a white woman.  To me really I don't understand that you can be gaoled five years just because Mandela - Thambo was going to Lusaka, and Mandela is mentioned, and the case of raping a white lady is dropped.  To me that is a mystery in the context of our country.  Anyway ... (inaudible - end of Side B, Tape 4) ... less than animal, and we feel sorry for you.  But we are going to take your requests and try and see that investigations are made even about the doctors who were colluding with the police.  That is going to be investigated.  Thank you very much for coming here.

CHAIRPERSON: /CHAIRPERSON

CHAIRPERSON: Now, the next witness is going to be Msunjani Shadrack Mbokhwe.  (Pause)  I greet you.  Are you fine?

MSUNJANI SHADRACK MBOKHWE: I am also fine, thank you.

CHAIRPERSON: I am so glad that you are here today and you are going to open up.  Before you tell us about your story I am going to ask Advocate Lyster to make you take an oath.

MSUNJANI SHADRACK MBOKHWE: (Sworn, States)   (Through Interpreter)

MR LAX: I will be taking you through the story.  It is correct that you were born in 1963.

WITNESS:   That is correct.

MR LAX: And you presently reside in Bethulie.

WITNESS:   That is correct, I am at Bethulie.

MR LAX: Now, can you tell us a little bit about your family please.  Are your parents still living?

WITNESS:   Yes, I have just one parent, that is my mother, and my father died in 1970.  At home we were 12 in number, and I was the 11th-born, but due to God's will only four is left alive and I am the last-born now.  We are three boys and a girl.

MR LAX: Are you working at present?

WITNESS:   Yes, I am temporarily working, but when the project is over then I am not going to be working.

MR LAX: How far did you go at school?

WITNESS:   I went up to matric.

MR LAX: Thank you.  Now, the story you're going to tell us involves detention and torture, and happened during the middle to late eighties.

WITNESS:   That is correct.

MR LAX: Will you tell us.  Just tell us a little bit - I see from your statement that you were quite a prominent Youth Congress person.

WITNESS:   That is correct.  I started to be an activist in 1986.  That was after - or I was working, and then that is where I learned politics.  The thing that involved me in politics is that my brother who I come after was also a part of the 1976 Soweto uprisings, but I was left behind at home.  And for that reason I joined politics, because the Special Branch would come every time, because they were assaulting me, telling me to tell them where he was.  In 1986 I took a decision to come and stay at home because I was not working any more, and furthermore I was prepared to go back to school, because I never completed my schooling when I left.

MR LAX: And you became president of the Bethulie Youth Congress in 1986.

WITNESS:   Yes, that was towards the end of that year.

MR LAX: What happened after that?