Human Rights Violation Hearings — King William's Town — 1997-05-13

CHAIRPERSON: Khayalethu Hela.  Wayilese Peter.  Wonke Maqubela.

REV XUNDU: Mr Chairman, can I swear in Neliswa Busika?

NELISWA NONHUNHA DYANTYI BUSIKA: (sworn states)

REV XUNDU: Thank you.

KHAYALETHU HELA: (sworn states)

WONKE WITHIEL MAQUBELA: (sworn states)

WAYILESE PETER: (sworn states)

REV XUNDU: Thank you.  They have been properly sworn in Mr Chairperson.

CHAIRPERSON: Neliswa Busika.  We welcome both you and your daughter.  What is your daughter's name?

NELISWA NONHUNHA DYANTYI BUSIKA: Nomzamo.

CHAIRPERSON: We welcome Nomzamo.  We will hand over to Advocate Sandi.

ADV SANDI: Thank you Mr Chairperson.  As we said, we will start with you Mrs Busika.  According to these documents, you are going to talk about atrocities done to you that also affects your child, is that so?

NELISWA NONHUNHA DYANTYI BUSIKA: Yes.

ADV SANDI: This happened in Stutterheim in 1985.  Can I hand over to you, what happened when you were arrested and charged?

NELISWA NONHUNHA DYANTYI BUSIKA: Thank you Mr Chairperson.  I was arrested on the 22nd of November 1985, it was a Friday.  It was at Mlungisi and Stutterheim.  I was taken to the police station in Stutterheim.
 When I got to the police station, it was in the morning.  I had just woken up when they came to arrest me.  I requested to take a bath, I was not allowed.

ADV SANDI: Can I just interrupt so that Mr Redpath gets earphones.  Thank you.

NELISWA NONHUNHA DYANTYI BUSIKA: Therefor I went, I had not taken a bath.  I got to the police station.

ADV SANDI: Please start from over.

NELISWA NONHUNHA DYANTYI BUSIKA: I was arrested on the 22nd of November 1985.  I left home in the morning.  I requested to take a bath.  They said there was no need, they would bring me back.  I just took off my pyjamas and put on proper clothing.
 When I got to the police station, they left me there for the whole day.  On Friday afternoon a CID came to fetch me, Mr Dion Oates, took me to an office.  I don't know whose office it was.   
 He interrogated me.  He was asking me about a man who had been necklaced in the township.  I said I knew nothing about it.  This is when the battle started.  He started beating me up.
 I said I do not stay in the township, I stay in a village most of the time.  I would go to the township now and again.

ADV SANDI: Who was beating you up?

NELISWA NONHUNHA DYANTYI BUSIKA: Dion Oates.

ADV SANDI: Who brought you to the office?

NELISWA NONHUNHA DYANTYI BUSIKA: Dion Oates went to fetch me and took me to an office.

ADV SANDI: Therefor it was just you and Dion Oates in the office?

NELISWA NONHUNHA DYANTYI BUSIKA: It was Dion Oates and other White police.  He asked me about this man that had been necklaced.  I said I know nothing about this, I don't stay much in the township.
 They informed me that they had been looking for me for quite a while.  They said that they had gone to the village to look for me and at that time, I had gone to the township.  He used the name Nonhunha when he was beating me up, I don't know where he got this name.
 He was slapping me, kicking me.  When he was hitting me, I was on my periods.  When he was hitting me I started bleeding.  I don't know whether I was meant to be on my periods or not.  He put me in a shelf, he hit me with a baton, stuffed me into the shelf.
 It was a small shelf, I could not fully get in.  When he was satisfied, I was crying, he stopped.  The other police were trying to stop him as well as the other police saw that I was bleeding as well.
 He called another policeman to take me to a cell.  He said that I would not get any water until I tell the truth.  I was taken to this prison cell, it was in the afternoon.
 I don't know what time it was, I was not wearing a watch.  He made me sign blank pages, I can't remember how many there were.  He said that I must sign.
 He was forcing me by beating me.  They took me back to the cell on the Friday.  When they took me back to the cell, supper had already been served.  I did not eat that whole day.  When I got to the cell, there were dirty blankets, I used those dirty blankets.
 I woke in the middle of the night and somebody was opening the cell.  A policeman with uniform on called me.  He commanded me to go and wash the corpse of the person that had been burnt to death.  This White policeman was referred to as Teaspoon, I don't know his proper name.
 He kicked me, dragged me.  I held on to the iron gates of the cell.  As I was holding on, clutching onto the bars, he kicked me because I would not go and wash the corpse.
 I'd stopped bleeding, but I started bleeding again.  I was filthy.    There is a toilet within the cell - because there is no water, I used that to wash myself.  On Saturday morning they brought my porridge, I could not eat it because it was filthy.
 My family brought me clothes to change, but Dion Oates had said I must not get anything, food or clothing.  Sunday I did not drink water either.  I just sat in the cell on the Sunday.
 On the Monday a policeman said I must go before the Magistrate.  It was the forth day I had not washed.  I went before the Magistrate on the Monday.  I was filthy, stinking.
 The Magistrate postponed the case.  I was taken to Stutterheim prison.

ADV SANDI: Excuse me, who took you to court?  Who took you to the Magistrate?

NELISWA NONHUNHA DYANTYI BUSIKA: I do not remember, but they were CID members.  The whole day I was in court.  I left at about four to be taken to King William's Town.  In King William's Town I would be taken to court now and again.
 I was charged with murder, arson, public violence.  We would go to court and we would not get bail.  In May 1986 I got bail.  I don't remember the date, but I left prison on the 10th of May 1986.
 I had been arrested on the 22nd of November 1985.  We were  given instructions that every day we must go to the police station to report, twice a day, every day.  In the morning between six and eight you had to report.  You cannot go after the stipulated hours.  We could not leave Stutterheim.
 This was all - from 1986 to 1988 when our case was in court, we would go twice a day to court.  It takes 5 kilometres every day, twice a day, we had no transport, we walked, we had to report.  Our case was taken to the Supreme court in East London.
 In 1988 I was in matric, I was pregnant, seven  months pregnant.  Our case was taken to a Judge.  The murder and arson charges were withdrawn, public violence - the public violence charge, I was sentenced to five years, three years suspended.
 I had to serve the two years.  Mr Skweyiya, my Attorney, tried to defend us.  He put the case before the judge that I was pregnant.  I went to jail in East London.

ADV SANDI: Was this in Grahamstown?

NELISWA NONHUNHA DYANTYI BUSIKA: It was in East London.

ADV SANDI: Who was the Judge?