Human Rights Violation Hearings — Nelspruit — 1996-09-05

CHAIRPERSON: We welcome you, Mrs Mthombeni.  We would request that you speak loudly so that you can hear and everybody should be able to hear.  You must be audible so that we can all hear.  We request Commissioner Malan to assist you with the oath.

MR MALAN: Mrs Mthombeni, would you please stand so as to administer the oath.

PHALISANE LSBETH MTHOMBENI: (Duly sworn, states).

MR MALAN: Thank you very much, you may stand down.

CHAIRPERSON: Mrs Mthombeni, one of the Commissioners will help you, Mr Lewin, so that you should present your case properly.

MR LEWIN: Mrs Mthombeni, could I just ask before you tell us your story - the story is about your son and the school that is mentioned is Memeza High School. Could you just confirm for us that this is in Waterval
Boven? Is that right?

PHALISANE LSBETH MTHOMBENI: Yes, it is right.

MR LEWIN: And that is where you come from yourself.

PHALISANE LSBETH MTHOMBENI: Yes, I come from there.

MR LEWIN: Thank you very much.  Now if you could please tell us, this happened in 1991, please in your own time and in your own words tell us your story. Thank you.

PHALISANE LSBETH MTHOMBENI: In the year 1991, I can't remember the date, NELSPRUIT HEARING TRC/MPUMULANGA
2 MRS P L MTHOMBENI
I can't even remember the month.  It was during the night, we were fast asleep.  Round about two o'clock in the morning some police came there, many of them.    They wore cuppa hats, all of them, and they had jackets on - it was winter. On their arrival there - there were blacks and whites.  Some of them were speaking Sotho.  We were asleep on their arrival.  When we woke up they were kicking the doors, they were kicking the windows.  They were actually lighting towards us and I was actually frightened. I opened the door.  When I opened the door I saw a lot of people, at each and every window there was a policeman standing outside.  Then I had to ask them who are you, what do you want here?  They said we are police. I said to them what do you want here. They said they wanted Sipho.  Then I said what has Sipho done to you, why do you want him?  They said no, we want him, there are certain things that we would like to know about Memeza School.  When they said there is something they would like to ask about Memeza High School, I said to them well, Sipho is asleep.  They said is he here, is he here? I said yes.  Then they kicked the door. I was right next to them.  He kept quiet.  They said to me I must open the door. I said Sipho?  Sipho answered and I said open the door.  Then Sipho said no, I cannot open the door.  I said open the door.  They said they want to ask something about Memeza High School.  He stood up and opened the door.  Because there was nothing that he could do and things were not normal at Memeza.  
 When he opened the door they asked if he is Sipho. He said yes.  They said well, we are taking you now.  We are taking you now three by three of you and we want to question you and we will bring you back.  Then he said no, it is dark NELSPRUIT HEARING TRC/MPUMULANGA
3 MRS P L MTHOMBENI
now, I cannot go with you. They said no, wake up, get dressed. Then he agreed and got dressed.  They said to him that he must dress warmly so that he can withstand the cold outside, so he got dressed.
 They said to me you must make a fire, we will bring him now, because it is cold outside.  By the time we bring him back it will be more cold.  Then I started making a fire. T he fire was big enough.  I had a hope that what they are saying is true. Nothing actually came to my mind which was supicious, because I knew that there was trouble at Memeza High School.  Then they took my boy with them.  
 Well, that fire actually had to up to late at two o'clock, nothing happened.  They did not return. Then I was surprised.  My husband went out, I must go and check what is happening at the police station, because they said I must make a fire and now the fire is extinguished.  As he went out, he went to the police station. He came back and said there is no one at the police station, there is nothing, it is just quiet.  The police who are there say they have never seen anyone there.  Then I as surprised.
 Round about eight o'clock, because it was the time they had to go to school, all boys and some girls were marching to the police station. On their arrival there - well, I was not there myself. They arrived there.  They said we demand you release these boys who were arrested at night.  They tried to threaten them in many ways, but that they should go back, but these boys and girls all said no.  They told them, well, at night some boys were arrested, we want them.   He said to them wait here. He went and informed the police release these boys, because today really no school attendance will be going on here.  Then they released them.
NELSPRUIT HEARING TRC/MPUMULANGA
4 MRS P L MTHOMBENI
When they released them it was discovered that they were beaten, they were beaten nearly to death.  They were beaten - my son was beaten more than others, and water was poured on him - warm water for that matter on the legs and on the socks, and he was burnt on his legs.  He was beaten and he was swollen already. 
 They brought them in to the location in a Kombi, together with Mr Magagola.  I was also there and many people were also outside watching.
 When I came to the taxi rank and they told us that oh, your kids are there, Sipho and others are there, it would seem as if Sipho is almost dead.
 On my arrival there I could not even identify my child.

MR LEWIN: Take your time, Mamma, maybe have some water.