Special Hearings — Women's Hearings — 1997-07-28

CHAIRPERSON: I'd now like to call to Joyce Marubini to the witness stand please.
 Hello Mama.  Thank you for coming today.  We're very glad that you've finally been able to make it here.  We must apologise for the upset that happened last night and this morning, but we're grateful that despite that, you've managed to come here and in fact tell your story.
 I'm going to ask Commissioner Hlengiwe Mkhize to assist you with the leading of your story.  I'm going to hand over to her now.

MS MKHIZE: We greet you.  I shall request you to stand up so that you can take an oath.

JOYCE MARUBINI: (Duly sworn, states).

MS MKHIZE: The witness has been sworn in.
 We would request you to just introduce the lady next to you to us, before you lead your evidence.

JOYCE MARUBINI: This is Mrs Sarah Mufanadi from Namagatle.

MS MKHIZE: Is she a friend?

JOYCE MARUBINI: No, she's my sister.

MS MKHIZE: Could you please relate to this Commission and tell us as to what happened to you.

JOYCE MARUBINI: In 1986, on the 24th of March, on a Sunday, the time was 20 to three in the afternoon;  we had a meeting of Namagatle Congress.
 When the policemen from Phalaborwa came, and they got us at the meeting, they came to the Lutheran Church where we were holding the meeting and they threw teargas-canisters at us.  Then people started scattering in all directions and ran, but I never ran away.  That's when I was taken and arrested.  When I got there, there was a certain policeman by the name of Mazumba and they arrested the other people.
 At the time they did not take us to the police station to charge us, but they only took us there at 10 to six and they went around the whole location with us and at about 10 to six when they actually put us in the cells, they did not give us food, they did not give us water, they shut the toilets so that we could not go in there to relieve ourselves.
 At night, that particular night, they came and woke us up and they switched off the lights and said we should lie on our stomachs.  They started assaulting us with sjamboks.  At the time we were dressed and they started assaulting us on our buttocks up to the time that our panties were torn and our under-garments were exposed.
 They said we're not going to appear in court and they told lies that when they tried to arrest us, we tried to evade arrests, we jumped fences and that's how we got injured.
 And when they brought us food, they brought us dry pap.  They didn't give us water to wash, they didn't give us water to drink and our clothes were full of blood. They were torn and we appeared in court in that state.
 We asked to be given bail and we were granted bail of R260.00.  And when we went out an attorney took us to doctor Mongeke.  And when Dr Mongeke examined us, he found that we had been assaulted grievously and he said - and they said if we want to see Mandela, we're going to see Mandela on that particular day and that's what they told us.
 There were others who were wearing "Release Mandela" 
T-shirts and I was just wearing a dress which was torn, the top part.  We were taken to Dr Mongeke and they escorted us to Dr Mongeke's surgery.
 When we got there, they surrounded the surgery so they said that we wouldn't be able to escape.  Our representative was also present at that time. They did not allow us to go for further treatments, because they were always escorting us. I could not sleep on my side, because of the injury that I sustained when I was gun-butted by one policeman.  
 We went to court for about three times, that was in town and we got into the magistrate's court, he said he couldn't find us guilty.  So we had to be released.
 I wanted to know as to why we weren't being charged and why we were assaulted in the first place.  We were chased outside.  They give us R50,00 each and when we asked as to why we were getting R50,00, they said it was for transport.
 Ever since this took place, I have a problem using my right hand.

CHAIRPERSON: If you can just give her something to drink, please.

MS MKHIZE: Thank you very much.  Your story or experiences take us to what was happening in the Northern Province round about this time.
 Before we come to the specifics of your experiences, can I just check one thing.  According to your statement this happened on the 21st?

JOYCE MARUBINI: It happened on the 21st of March 1986.

MS MKHIZE: Is it on the same day when a person by the name of Mavis Malati was also shot?

JOYCE MARUBINI: Yes, that is correct, that was on the same day.

MS MKHIZE: What is the correct date; is it the 21st or the 23rd?

JOYCE MARUBINI: No, it is the 23rd.  I think I'm a bit confused of the stress.

MS MKHIZE: Okay.  So the correct date is the 23rd of March.
 Now as you relate the story, can you please tell us to what sort of life you led?  Were you involved in politics or were you just an ordinary citizen?

JOYCE MARUBINI: The youth league had elected me as an organiser.

MS MKHIZE: You were the youth organiser?

JOYCE MARUBINI: That is correct.  What were your duties?  What was expected of you as a youth organiser?  Just tell us briefly the list of duties that you had to discharge.

JOYCE MARUBINI: In Phalaborwa there's a certain project that makes T-shirts as well as pens and papers and I was supposed to organise the youth to help with that project.

MS MKHIZE: Maybe if you organised there's something in particular that you used to do that was perceived by the police as a threat?

JOYCE MARUBINI: There was nothing that I was doing and I do not understand as to why the police perceived me as a threat or my actions as being threats.

MS MKHIZE: On the day that you were arrested;  what were you doing actually, because you said you were attending a meeting?  What was being discussed in that meeting?  Did you have a written agenda?  Were you singing or chanting or what was actually happening that drew the attention of the police?

JOYCE MARUBINI: As I've already explained, I was sitting on the chair and the meeting was not yet opened formally.  It was 25 to three when we got in there.
 It was five minutes before the meeting started;  it was then that they pounced in on us.  We were just waiting for the agenda and the opening.  That's when they got in.  I was just sitting on a chair.

MS MKHIZE: If you remember quite well;  those who got in, were these women or were they male and what did they say to you before arresting you?

JOYCE MARUBINI: Are you referring to the police?

MS MKHIZE: Yes.

JOYCE MARUBINI: They never said anything to me.  They just started shooting and when I looked around I saw people going out through windows and there was a lot of commotion at this stage.  When I looked back, I could see policemen standing behind me.  There's nothing ever that they said to us or me.

MS MKHIZE: At the time they were shooting;  where were the women?  Were they just shooting indiscriminately?

JOYCE MARUBINI: Yes, some of the women were arrested together with me.  We were 22 women.  Others were able to escape through the windows and others ran out the doors, but we were arrested.

MS MKHIZE: How many women were there when you were arrested?

JOYCE MARUBINI: We were 22, but they arrested only six women, but I'm not sure as to how many people attended the meeting or how many women were at the meeting.

MS MKHIZE: After having been arrested, did you come together or did you come across female police or women police?

JOYCE MARUBINI: No, it was only male police, there were no women there.

MS MKHIZE: You also told us that you were assaulted and your under-garments were torn and exposed, drenched with blood.  Did you ever request the female police to help you?