Human Rights Violation Hearings — Beaufort West — 1996-08-13

ADV POTGIETER: Thank you Mr Fatyela, how old were you when you went threw this terrible experience?

MR FATYELA: I was 15 years old at the time and I was at home.

ADV POTGIETER: And for how long have you been in the police custody, how long did this whole incident last from the time that they took you to the police station until you were let loose, how long did it take about?

MR FATYELA: I would say the meeting was to be held at 9 o'clock and at 11 they arrested us.  It was not a very long time but the way we were beaten up it indicated that if people had not phoned they were still going to continue to beat us up.  I don't know whether I've answered your question.

ADV POTGIETER: Let me ask you was it around - did you say it was around 4 o'clock in the afternoon when you were eventually released?

MR FATYELA: That's right.

ADV POTGIETER: [indistinct] police custody from about 11 in the morning until about 4 o'clock in the afternoon?

MR FATYELA: Yes.

ADV POTGIETER: [indistinct] busy beating you up and assaulting you and carrying on as you've - as you've described to us?

MR FATYELA: Yes, from morning to the afternoon they were doing the same thing to us.

ADV POTGIETER: [indistinct] Alfred and  you have referred to Thabo and we've heard those two names earlier in testimony as well.  They're two police - policemen, is that correct?

MR FATYELA: Yes, they are policemen but one is no longer in Richmond.  There's only - Alfred there.

ADV POTGIETER: Were they amongst the perpetrators - amongst the people that assaulted you?

MR FATYELA: They are the very people - there were 3 of them together with the Special Branch that had been brought in by them.

ADV POTGIETER: [indistinct] the third one, you said there were 3 of them together with a Special Branch - the third one, who was it?  It was - one was Alfred, one was Thabo and who was the third person?

MR FATYELA: The third was Adjutant Jonk but he was not there outside when all these things happened but he did all these things right there in the police station.

ADV POTGIETER: [indistinct] the Station Commander the police - he was in charge of the police?

MR FATYELA: Yes, he was in charge and he is the one who started the beating.

ADV POTGIETER: [indistinct] was that person from Richmond or was he from else where?

MR FATYELA: I wouldn't lie but I don't know where they came from, all I know is that they were driving in a blue Mazda.  Most of the time they were working together with the Beaufort West people.

ADV POTGIETER: Do you - have you or any of the other people that were with you, have you laid any charges against these policemen?

MR FATYELA: No, there was no time for that as Mr Lolwana stated  that if you were to do any of that you couldn't even consult a doctor, you couldn't go to Adjutant because he was the leader who would get into the location and take who ever he wanted.

ADV POTGIETER: There was no - there was no sense - what you really saying if I understand you correctly, there is no - there was no sense in going back to the same people who assaulted you to lay a charge against that very same people?

MR FATYELA: Yes, it happens that after you have been injured by people like them and they take you bad, Adjutant would tell you that he didn't have time for that.  Then where would you get to because there would be no other place to get to because all these people who are friends together with doctors.

ADV POTGIETER: You seemed to have just been picked up and just beaten up for the entire day for no apparent reason, how did you feel after going through that experience?

MR FATYELA: They did all this from school as I mentioned that they alleged that we had burnt the clinic and they were beating me all the time and in - all they did to me has effected me and I can't hear properly and if - when you talk to me it takes time for me to answer and I had to go out of school because of being beaten up.  And when I got class I can't hear and I fall asleep.

ADV POTGIETER: [indistinct] you were not charged with anything, you were not charged for having committed any offense, you were just released - you were let loose - you were - they just told you to go home?

MR FATYELA: Yes, there was - I was not cruel but according to them they found us talking and  then they just decided to take me because of that.  Let me explain this way, most policemen if you were talking to them the policemen wouldn't like you to point at them where as they would be doing the same to you.  
And they would begrudge you that if they arrest you they would do something to you - that is what was happening.

ADV POTGIETER: Just in conclusion it there - is there anything that  you would like to ask the Commission to pay attention to, to look into for you?

MR FATYELA: My requests - I have a request - my request is that every time I see him in our location I feel he's going to do something to me ever if he got to know that I was here before this Commission he's going to come and ask me.  But if he starts pulling me I would have to retaliate.  Now I have a request to this Commission  there at home - I'm going to say briefly - at home I have a mother, a sister - who's not working - there are others who are married, one is a young man who's working in a school.  
My mother is a pensioner and here I'm just sitting at home, unemployed.  I did try to get a job but I can't get one, I went to Postmansburg to get work at a mine but I could not work because I don't hear.  So I would be lacking behind so I had to go back home. 
I'm doing this part time job at the creche and there is just no salary there.  We're just helping the residents, it is just at a time where I just make some drawings then I get that little money for the drawings.  
My request is - I am - I had intentions that I would continue as a musician as I'm talented in that field but I can't sing - I can't hear properly - I can't sing, I just sing because there is no work here in Richmond therefor I'm asking that there should be a driver organized for the creche because I can drive but I don't have the Drivers License.  How - what can I do to get Drivers License because my mother cannot take the little money she has and send me to a Drivers School. 
 Then after that I will be happy and I would have - bear no grudge for any one.

ADV POTGIETER: You said - can I just come back to what appears to me to be a concern that you've raised, who are you revering to that might come and ask you about having been to the Commission here to give evidence?

MR FATYELA: Yes, I - I was just mentioning this that this particular person I'm talking about we asked each other there at home - they would ask what happened and then we would give them information and that particular person would be satisfied.  
I'm talking about a person who's still begrudging me trying to investigate what are my intentions against him because I must say there's still some begrudging of one another there.  I'm now talking about Alfred.

ADV POTGIETER: Is he a policeman?

MR FATYELA: Yes.

ADV POTGIETER: What is his - is Alfred his surname of his first name?

MR FATYELA: Alfred is his first name and his surname is Mongweni - his full name is Alfred Mongweni.

ADV POTGIETER: Is he still a policeman in Richmond?

MR FATYELA: Yes, he is here - he's still a policeman.

ADV POTGIETER: [indistinct] just very clearly and in public that the Commission would obviously take a very serious few if anyone who comes to us and testifies, tell his or her story is approached and intimidated or acted against because of that very fact that he or she has approached the Commission.  
We - as I say - would regard that in a very, very, very serious light and we would obviously act quite swiftly against a person who were to - to consider doing that or were to do that.  So I just like to - to take note of that and to have that assurance from us.

MR FATYELA: Thank you.