Human Rights Violation Hearings — Umtata — 1996-06-18

JAMES ZAMIWONGA KATI: The Policemen came to tell me that my wife is deceased. I was informed that she died when she was in Natal. When I realised that I was going to be arrested by the police, I had met my police, we had met with some of the doctors and Mr Nkogwana and Mgangese and I had requested them that they should be nearer my wife. They took my wife to the hospital in Durban because I had requested and made arrangements that she should be supported by some of the lawyers, the Mkangas and the other people. It was on the 25th and 26th, but I realised it was long before, it was on the 16th September when she died. But I got the information on the 25th. My daughter was still detained also during this period. She was the only person who was released because they said I cannot be released. She was the one who was able to go and make funeral arrangements. A Mr Shabalolo assisted my child because she knew my wife, she assisted her and gave her supportive services for all the arrangements that were supposed to be done for the funeral. The coffin was so beautiful, thanks to the Chamalolos, and the people who supported my daughter. The people tried to come and appeal to the Police and the authorities that I should be released so that I can attend the funeral. The lawyers like Bruce Matikizela tried to assist in appealing for my release. At the end the authorities, Mtanzima were able to release me, I am very sorry if I was not supposed to mention his name, I have already done that. When they agreed for my release, I was taken by the Police to attend the funeral. I was escorted by a hoard of more than 28 police vans. When I came here it was about 10.00 by that time the hearse was not yet present. Reverend Kota was the one already there doing the rights, Mr Ezra Seqela and the Reverend where the people who assisted with the sermon. All the people that I had mentioned before who gave support were also present. I was also informed by the police that I was supposed to be taken to Johannesburg because it was not enough for me to be tortured here in Iditchwa, the best for me would be Johannesburg where I will be severally tortured. It was said there should be an interdict so that I was going to be killed. There was an interdict so that I was supposed not to have gone. There were lawyers, Lawyers Sequela, Wilson who is presently the Judge now. They were taken to South Africa, they were looking for me all the time and nobody knew about my whereabouts. When I came back from the funeral I was taken again back to Iditchwa Police Station.

CHAIRPERSON: How long did you stay there?

JAMES ZAMIWONGA KATI: I stayed for seven months at Iditchwa in detention. I have never been involved or engaged in exercises for seven months.

CHAIRPERSON: When did you go to Court?

JAMES ZAMIWONGA KATI: I was taken to Court in 1981, but I was never sentenced. I was sentenced in 1982. I was sentenced for 13 years.

CHAIRPERSON: Where were you detained?

JAMES ZAMIWONGA KATI: I was detained at Wellington. We were separated, there were others who were at Wellington and the others were at Lebota, but I was brought back to Wellington when the sentence was going to be passed.

CHAIRPERSON: What would you like the Commission to assist you with?

JAMES ZAMIWONGA KATI: I would appeal to the Commission, although I know that we had already been informed that we cannot both attend with our openings, the Court sessions then I think I should drop that request although it's was I had wished for. But what I am appealing for now is that I am still destabilised health-wise, because the left arm is unable to lift heavy loads, I have to keep it relaxed because I was handcuffed for quite a long time and this affected my arm. The most affected arm is the left arm. I'd really like to get proper medication or specialist so that I can be well protected.
Some of the things that I would like to have is that I should have a tombstone for my wife.

CHAIRPERSON: Thank you very much Mr Kati.

JAMES ZAMIWONGA KATI: I have just a little detail that I would like to state. I like just to mention that King Sabata gave me support and he gave me some money to assist with the funeral arrangements. Thereafter Mr Tshabalolo who is late now, was arrested because he had received that money. Thank you very much.

CHAIRPERSON: Mr Kati amongst the names that you have mentioned is Mr Vuseli Menini whom you claim that his ear-drum was ruptured during the assault. Can I just ask a question, where is he now.

JAMES ZAMIWONGA KATI: Vuseli Menini was our Leader during that period, when we were trying to turn against the White people because they were assaulting our Leader, Vuseli didn't want us to do that because he said it was against the rules and expectations of the organisation to assault anybody. That is when he was injured, he said we must leave him, if the boers want to kill him they should be allowed to do so.
What happened to Vuseli is that when we were together in Grahamstown when we started attending the Court proceedings, we were arrested for conspiracy. I think we would be six comrades. When the indictment was squashed in Rivonia and I was also squashed, it was said we were going to be charged for what we have done. If for instance, you had given instructions to the MK then you were one of the people who were supposed to be arrested. One of the witnesses was injured. Vuseli was taken to Court and his case was presided by the Judge. The others were expected to go to Court for the charges of being involved in the MK. Zanakile, Mkaba, Vuseli and Khingo were the people who were charged as for being the high commanders and they were taken to the Court. When they went there they were sentenced to death. Comrade Wilton Mcguire intervened and he said those people should be released so there was an appeal because Mcguire wanted the people to be released, so Vuseli objected to that and said Mcguire was defying the orders and expectations of the organisation because the slogan was "you should die alone". What we knew was that if the people were sentenced to death they should go there rejoicing to the gallows, all three of them, they went there of their own accord and they willingly went to the gallows saying "die alone, die alone".

CHAIRPERSON: Thank you very much. Can I just ask one question. During the period when you have been going to prison, did you have any lawyers to defend you?

JAMES ZAMIWONGA KATI: No, I didn't have any when I went to the further charge. It was difficult because we unfortunately had to defend ourselves, starting from the period when I had to appear in Grahamstown I was having no lawyer, also in Humansdorp I didn't have a lawyer and both cases I didn't have the lawyer.

CHAIRPERSON: Didn't you have any person to defend you because the organisation which assisted to defend the political prisoners was banned?

JAMES ZAMIWONGA KATI: Yes, it is so. Because we knew that our court case couldn't do anything about it because we were alone at the time we said they could just be released and we will stand alone. Thank you.

CHAIRPERSON: Mr Kati you have shared with us experiences which were aimed at damaging and at confusing, but you have shared with a sense of humour which shows us that you are one of those heroes which have turned a traumatic memory into a victory of some kind. Maybe I can ask you to advise us as a Commission as to what needs to be thought about or to be done to make sure that the experiences you are taking about are not part of our history again, because that is part of our responsibility as a Commission to assist in making sure that some of the acts which we call "Human Rights Violation" are never repeated again in our society.