Human Rights Violation Hearings — Port Shepstone — 1996-08-12

KHOZA MGOJO: /"frame a

KHOZA MGOJO: frame a case against you."  Mr Commissioner, before this they blindfolded me during the night and they took me to unknown prisons.  They put me into prisons with long-term prisoners, and, Mr Commissioner, they allowed the long-term prisoners to assault me.  I saw in my very own eyes black - my black comrades.  They tied something - they clamped something on their testicles and the man was spinning like a top.  Another person they tied him upside-down, another black.  They put urine in his mouth, Mr Commissioner.  This is the torture that we ... (incomplete)  (Pause)

KHOZA MGOJO: Okay, Mr Govender.

WITNESS:   I saw my black brothers suffering.  They used to give us infested blankets with fleas.  They used to throw us brown bread, black, cold coffee.  They used to keep us in solitary confinement.  They used to tell us to write statements over and over and over again.  Because of this I was financially embarrassed.  My dear wife went through a trauma.  This is how they brutalised us.  Mr Commissioner, I had not endeavoured at that time to obtain medical assistance in respect of the assaults inflicted upon me, inasmuch as the torture which I underwent was rather more - page 12 - a mental one than a physical one.  The respondents did not inflict any injuries upon me of such a nature as to indicate that I had been beaten up by them.  I verily believe that the nature of the assaults was designed to prevent detection by medical personnel.  In all the circumstances, while I underwent tremendous pain and suffering, I verily believe that the respondents were skilful enough to inflict injuries upon me that would not be immediately imminent or apparent.  I was unaware until I was advised by my legal advisors that I would obtain relief of the present nature against the security police through the courts.  I humbly submit, with respect, that the present application has now become increasingly urgent, inasmuch as I am self-employed as a builder in Port Shepstone, and I am presently involved in a major building contract.  Due to my fear of the police, and because of my harassment, I have not been able to attend to my daily business.  I have been presently living in fear of my life, and because of my campaign of intimidation by the respondents ... (intervention)

KHOZA MGOJO: When you say that do you mean in 1980?

WITNESS:   Yes.

KHOZA MGOJO: Ja.  Why don't you just summarise it, rather than reading it, because some of the things are no more applicable now.

WITNESS:   All right.

KHOZA MGOJO: If you just said at that particular time.

WITNESS:   At that particular time.

KHOZA MGOJO: I was what-do-you-call.

WITNESS:   Yes.

KHOZA MGOJO: Just say it in a short paragraph.

WITNESS:   Ja.  At that particular time my house in Port Shepstone was standing deserted and I am living under cloak of anonymity.  I can no longer tolerate this, and I made this application.  And I was a nervous breakdown. I lost hundreds of thousands of rands because of what happened ... (inaudible) ... pick you up any part of the day and night, and I lost a lot of contracts, a lot of money.  My wife went through a trauma, and that is - but in spite of all this, Mr Commissioner, the Judges at that moment they treated the matter in such a willy-nilly manner.  I had advocates and lawyers.  They came and did it on a pro amico basis, free of charge, right, but it cost me time  and so on, but they had top counsels, they had top senior counsels paid by the State.  But they just treated it

KHOZA MGOJO: anyhow and they just merely said, "Oh well, the security will not harass you any more."  They gave that assurance.  But they still continued, Mr Commissioner.

KHOZA MGOJO: Okay.  Let's go now through this.  Is it true that the first respondent of your tortures was Sergeant Breedt?

WITNESS:   That is right, Mr Commissioner.

KHOZA MGOJO: Where is he now?  Do you know his whereabouts?

WITNESS:  This is it.  I understand from reliable sources, Mr Commissioner, that all these people like Sergeant Breedt, Sergeant Kerry, are holding important positions in the State Department.  Right up until now they never show no repentance, no remorse.  This is how I understand.

KHOZA MGOJO: So they are having important positions?

WITNESS:   They are holding important positions, and also at this juncture I must say the person who was in charge there was Captain Lawrence, who also played a pivotal role because of my harassment.

KHOZA MGOJO: Thank you.  Is it true that one of these people who was the third respondent, Lieutenant Paul Bunyan, was once your friend?

WITNESS:   Yes.  As a Christian he attended to that particular church.  He moved with me, but I didn't realise his modus operandi, that he had hidden agendas.  He came into my home and he moved and he wanted to see my movements and everything, but I regarded him as a friend.  But he played a silent role and he transmitted all the messages to his other counterparts.

KHOZA MGOJO: Did you ever share this with your minister because you belonged to the same church?

WITNESS:   Yes, I did say this, Mr Commissioner, but he was so influential and  nothing has happened, because they never see anything bad about it.

KHOZA MGOJO: So you think that the minister was afraid of him too?

WITNESS:   Yes, regrettably at that moment in time the ministers never do justice to their spiritual convictions.  Now, when you were tortured from here in Port Shepstone is it true that you moved to - where did you go to?  To Durban?   ---   I had to go to Durban.

KHOZA MGOJO: And did you have these people worrying you when you were in Durban?

WITNESS:   No, they didn't know where - I was living in a cloak of anonymity.  I didn't tell them I was living, so when I came back they started harassing me.  Unknown - thereafter unknown security members harassed me. Not the same people, unknown people came, and they usually come at night and put me into unknown - blindfold you, put you into unknown prisons.

KHOZA MGOJO: How many times were you detained, Mr Govender?

WITNESS:  I was detained over 20 times.

KHOZA MGOJO: 20 times.  Were you detained in different places?

WITNESS:   Yes.  The majority of those places, Mr Commissioner, I didn't know where I was going, because once they blindfold you they take the right turn, left turn, right turn, right turn, they go fast, they go slow, and then they lose you, you lose where you are going, and they get into you, put you in the cell with long-term prisoners, sometimes in solitary confinement.  You don't know where you are.  They blindfold you.

KHOZA MGOJO: You didn't ask other prisoners when they had removed the blinds that where were you?

WITNESS:   No, they were strictly instructed not to talk to me.

KHOZA MGOJO: Oh.  You did mention that even an African police was  /part of

KHOZA MGOJO: part of that group.  Do you know his name?

WITNESS:   Mr Commissioner, with respect, I don't know his name, but

KHOZA MGOJO: if - I am sure there is records in the South African Police.  This happened in the 1980s, round about May.  I am sure you will get their names.

KHOZA MGOJO: You say that you were instructed to stand on one leg, and you told them that one of your legs was injured.  What had injured your leg?

WITNESS:   They were not concerned about that.  The more they torment me the more - they had an insatiable obsession to torment me.

KHOZA MGOJO: No, I mean, Mr Govender, what was the cause of the injured leg?

WITNESS:   Oh, my injured leg?

KHOZA MGOJO: Your injured leg.

WITNESS:   Oh, I fractured it.  A brick wall fell on my leg many years ago ... (INCOMPLETE -CHANGE OF CASSETTES) ... Yes, I am still under medical treatment because of this mental torture and because of these chemicals.  Right up til now I am taking medication.

KHOZA MGOJO: Who is your doctor?

WITNESS:   Sorry?

KHOZA MGOJO: Who is your doctor?