Human Rights Violation Hearings — Vryheid — 1997-04-17

WITNESS:   On the 24th of March we as ANC Youth had no place to stay.  We kept hearing news that somebody has died, the other has died, and I was now staying at Dlamini's home in Mondlo.  At about seven I was outside.  I saw a big green police vehicle, followed by a van, and they parked in front of the house and the Stability Unit, the police, got out and they were wearing copper hats.  We could not see their faces, their faces were covered.  We were many in the yard, but we kept quiet and we watched as to what was going to be done by the Stability Unit.  They asked for Bongani Buthelezi and they also asked for the guns.  And I told them I am the one, and there were no questions thereafter.  Suddenly I was assaulted, and they were using guns assaulting me, and I fell down and four boys were taken.  There at home we're quite numerous, and they took four boys with me into the van, police van.  And at the back there were people in police uniforms, but they had covered their faces.  I could not tell who were they.  And they had knives, Okapis, right inside the police van.  From the time it left my home it went to Hulyard(?) and they were assaulting me, stabbing me.  I was confused because I told myself that I am with the police but all of this occurred still.  And let me back-track, let me also say something about when I was still at home.  They asked for weapons, guns, and also they asked for bombs.  They searched the whole house and the whole yard outside, but they could gain anything.  And one police came with a plastic full of petrol bombs and asked me as to who those petrol bombs were and belonged.  I said I did not know, and we asked him where did he get those bombs and he started assaulting us for asking merely why and where were the bombs coming from.  I was taken and they alleged that the petrol bombs belonged to me.  They took me into the van, and that's when they were assaulting me, as they were assaulting me and crying, shouting that, "You are hurting me," and they said - they gave me some beer and they said I should use that as medication.  And lo and behold that was not beer, it was petrol.  And I was still saying to them, "I am hurt," and please they should leave me alone.  And they kept - and they were adamant, saying, "This is medication," and that was petrol that they were giving me.  They were using spears in the van, assaulting me.  The police said nothing to that effect.  This is where they stabbed me.

MR DLAMINI: Mr Buthelezi, you have suffered this ordeal, and what was the end?  Did they take you to the police station and did they lay any charges against you?

WITNESS:   Yes, I was taken to the police station, and before any charges were laid against me I was assaulted up until four in the morning.  I wasn't given any food, and I couldn't do anything, I was not functional.  I was assaulted and they made me drink petrol, and they insisted that I should drink.  I couldn't swallow that petrol, but they went on ahead assaulting me.  They told me I should ... (incomplete - end of Side B, Tape 2) ... the ANC things, and the ANC recitations, or whatsoever.  And the following day I appeared in front of the Magistrate and I was taken to the gaol, to the prison, and the case was postponed for the 18th of the next month. Mr Buthelezi, I am left behind.  When you went to appear in front of the Magistrate what was the charge?    ---   They said I was found in possession of bombs and - well, 11 explosions.

MR DLAMINI: Is that the case that went on to the 18th of July 1995, and ended by the fact that there was not enough evidence?

WITNESS:   Yes, that's the one.

MR DLAMINI: According to your statement you also tell us about the threatening calls that you will be killed.  Now tell us precisely about that.

WITNESS:   Yes, after I had seen the Magistrate I was sent to prison.  The following day I got the telephone call, and the person was anonymous and told me that if I don't change my mind and join IFP I will be killed.  Well, fine, I did not pay any attention then.  I went to the head of the prison and reported that to him. And I told him that I receive a call at nine, and if I did not receive any call at nine I will receive the call at night.  And I will be told to join the IFP, if I don't I will be killed.  On Sunday of that week I got a telephone call from my auntie and I was told that my house was set alight and burnt down.  I don't know why that was done.

MR DLAMINI: How long were you Ganders Bend(?)?

WITNESS:   I was there since March and April, and was released on the 27th of May.  After being - I was released on bail.  I had no place to stay, and I knew that I had a home in Mondlo.  I went to Vryheid to the Comrades that I won't disclose their names.

MR DLAMINI: Even now you are still with your Comrades?

WITNESS:   No.

MR DLAMINI: Are you back at home at Mondlo?

WITNESS:   No.  On that evening I tried to go to Mondlo because I wanted to see what was happening.  I had no clothes.  The only clothes I had were the ones I had in prison.  I tried my best to go home.  When I got off the taxi, tried to go around the school, I met two people who were approaching me from the opposite direction.  The third one I met was headed to the same direction, and I was standing by smoking.  And they go to different directions, and the other one suddenly shot, and I tried to run and I went to - I tried to rescue myself by crawling along the river, trying to go to section A.  And there was a police by the name of Fanta, who was known as Fanta.  I didn't know the police in person, but I had heard that there's a police by the name of Fanta.

MR DLAMINI: Sorry, excuse us.  Please give us the surname of Fanta because we had a problem, we wanted to send Fanta the notice, but we couldn't.

WITNESS:   He is Constable Malinga.  When Constable Malinga, known as Fanta, shot, according to you did he intend to kill you, or he was simply threatening you?   ---   He intended to kill me.  If I did not try to retreat I would have been killed.

MR DLAMINI: Let me go back to those who assaulted you?

WITNESS:   Where is Constable Malinga, Fanta?   ---   Since I left Mondlo that day I had never seen him.  I do hear that he is around, but I haven't seen him.

MR DLAMINI: And the next person I would like to touch here is - or I wanted to know about Constable Malinga, I wasn't clear about him.  One other thing I would like to ask, did you lay any charges against - with regards to this torture and harassment by the police in the van?

WITNESS:   I did try, but I was told that they could not do anything in as far as that was concerned.  There was no place I could open this case, because when I was arrested I was already under oppression of ZP.  And also I heard that ZP was against me and they intended killing me.  Now, when I was - when I left I went to Mondlo ... (inaudible) ... graveyard.  That's where I slept that evening.  There were two of us who tried to go to Mondlo.  The following day in the morning I found out that Vusi Khumalo was shot, and the bullet was extracted however at the hospital.

MR DLAMINI: Where is Vusi Khumalo?

WITNESS:   He is here in Vryheid.

MR DLAMINI: Do you know if he has submitted any statement to the Commission?

WITNESS:   Yes, I do hope that he submitted a statement to the Commission.