Human Rights Violation Hearings — Umtata — 1996-06-19

LANDI NXIWENI: I went to Dya Pillay who informed me that they were gathering most of the members from their residence and then he was detained, and was arrested from school.  He was taken from the Allan Taylor Residence in Wentworth in Durban.
 I wanted to find out if I could go and visit him.  It was very late and I couldn't go to CR Swarts on that day. Then I promised to make some arrangements so that I can meet the police, who are at CR Swarts.  Then I was accommodated by the Transkeians who were at the Transkei Consulate in Natal.  Mr Simane was one of them who was at Durban North.
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 The second day I went to Daya Pillay's office and then he stated that he had made arrangements so that I can be able to go and visit the CR Swarts Police Station. I did go there.  I went to the 12th floor as directed. That's where I met the detective who refused to identify himself.  He stated that Phumezo and his group were detained by him.  But he said we were not allowed to see him.  I went away from the CR Swarts and I couldn't see my brother.  
 I went back to Daya Pillay and with her was (indistinct).  They openly stated that it was difficult for them to pave the way for us to go there again.  So they would just try to facilitate their charges so that they can be released.  Then it could mean it would be easy for them to be taken out of the police station and be detained in a prison. I was advised to continue contacting them frequently so that we can know what were the developments.
 I was then informed about the court date, which was supposed to be at the Supreme Court in Smith Street.  That was the first time that I made contact with my brother.  It didn't even take 15 minutes because the bail was refused.  There was an agreement that they should be released and then they should be detained at Westville Prison which was outside Durban.  I used to visit them from that prison.  I used to go with Baghasheshi to visit them in the prison.  
 At the time when I met the policeman at CR Swarts, the police informed me that there is some money which was sent by the Transkeian Government from the Department of Health, and this was the bursary which was allocated to him. We were informed that this has been deposited in the Allied Bank account. Then he said he wanted to buy shoes.  Because he had a problem, because he wanted soft shoes.  When we were 
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at the Westville, I asked him what was the problem with his feet.    Then he stated that due to the torturing that he experienced, he had experienced a problem that he cannot walk properly except when he uses soft shoes.  
 They stayed in Westville Prison.  Most of the time I used to contact Baghasheshi telephonically who used to visit them in my absence, especially that he was a friend to Dr Ramatlakane.  
 Even if I came late, I was able to leave what I brought for my brother with the lawyers, so that they can give it to the prisoners. 
 Then the other day he phoned to state that there were two advocates who had been arranged. The one was Adv Langa and the other one was from Britain. I cannot remember his name.  Then they were supposed to appear at Pietermaritzburg at the Supreme Court.  I attended the first hearing and then only 50 people were supposed to attend the court hearings.   They were charged with bombing several places in Natal; Wimpy Bars at Amazintoti and the railway stations and in many municipal offices at Lamontville.  
 Then I was attending frequently because I was employed here in the Transkei at Mt Frere.  Then I had to travel for these hearings.  The person with whom I used to contact when I was here in the Transkei was Daya Pillay and Baghasheshi.   In October 1987 they informed me telephonically that I should quickly go to Natal.  When I got there I was informed that three were acquitted because they were not guilty.  Phumezo was one of them and the other one was Billy who was from Umlazi and Dudi Buthelezi was also released.
 I looked for him because when I got there it was said that his friends had already taken him with them. Those were UMTATA HEARING TRC/EASTERN CAPE
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the students.   I felt that I should go to some of his friends who were from Xala and some of them who were originating from the Transkei.  I met (indistinct) Sidwhele who originated from Mt Frere and informed me about my brother's whereabouts.  I went there and really I found him there.  He was with a group of students from several universities in the Natal region. Then I asked him how does he feel about going back home.  He stated that he wants to prepare some of the school requirements and then when he is settled he will go back to Xala. I spent a week with them and I was staying in No 9, which was his room.  He was sleeping in his friend's room who is Gazo.

MS MKHIZE: If I may assist you, I will refer again to the statement that is made here, that he was ultimately readmitted back to the university.  But in this there is a statement to the effect that he complained that he did not want to stay at the university over the weekends, because he was harassed.  Maybe if you can just clarify for the Commission as to what exactly was happening, around that time.

LANDI NXIWENI: Before they were arrested, when they went to Front Beach some other day to enjoy themselves, he was shot at by some Whites. The student bodies tried to get these people and they wanted them to be arrested, but this did not materialise.
 I asked him what was his problem, why didn't he want to stay during weekends at the university.   He mentioned specifically one of the police who was a leader of the detective squad, and he mentioned his name as Mr Taylor. I am certain that Bagasheshi is the lawyer who knows more about this Taylor.  Because this Taylor mentioned that he
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must not think that he has survived, he is still going to get him.  There are a lot of them who had these threats and then most of the students were afraid of Taylor and his henchmen.  He informed me that the most crucial period which is very dangerous for them is during the weekends, because they are not always in the company of each other.  So each one of them would go individually and enjoy himself. So he stated that he preferred to be in my house here at Umtata.   Because we were at times not always at my place, during weekends, then I left my key with him, because at times he would come along with his friends or colleagues and then they would hire a car and visit my place.  But when he came alone to come by bus, Rama or Broadway, which usually arrives here at Umtata at two am.  So I decided to make a duplicate for him so that he can have access even if we are not at home.
 He had a group of doctors who were in Umtata, General Hospital.  He used to visit them when he came to me, even if he wanted some medication, he would go to the hospital so that he can get some treatment.  
 We noticed that he was limping when he was - after his release.  He was very anxious and he used to be frightened during the night.  Usually he used to not sleep on the bed.  He would sleep on the floor.  When I asked him what was the reason for his behaviour, he would state that when he wakes up at night he would recall all the ill-treatment and tortures that he experienced in the prison.  Because there were tapes which used to be put into his room and his room would be bugged. He would dream about all those and would have a feeling that he should run away.  So this would make him always fall from the bed.  That is why he preferred to 
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sleep on the floor.

MS MKHIZE: (Speaker's mike not on) ... that after 1988 holidays he left home and went back to the University. Can you remember his last utterances or did you hear from him after he had left home?