Human Rights Violation Hearings — Umtata — 1996-06-20

ZOYISILE NELANI: These pamphlets were talking about the arrest of King Sabata.  They were also about the way people were treated in prisons here in the Transkei, all those political prisoners.  These pamphlets also were talking about the fact that political prisoners were not allowed to make any appeals because the Judges at that time did not allow anyone to appeal especially political prisoners.  Especially, here is another example.  The Commissioner here, Mr Dumisa Ntsebeza, was one of those people who were denied the right to appeal such that there was a petition.  That is the only time that they allowed the appeal, but even this whole period that he was in jail, his cries were not listened to.

MR SANDI: Who issued all these pamphlets?  Was there an organisation or maybe a group of people, perhaps, that you were part of?  A group that was responsible for the pressing of these pamphlets.

ZOYISILE NELANI: The ANC was responsible for the distribution of these pamphlets, but all that was done underground.

MR SANDI: You said you were arrested for the possession of illegal pamphlets.  You were in a car at that time.  What happened to this car?

ZOYISILE NELANI: I started at Tongwo from there I went to Nqamakwe.  Then from there I went to Butterworth.  I use to distribute those pamphlets at night.  Then when I was in the Idutywa district I came across a security car, but when I passed it I thought if they could catch me now they would catch me red-handed.  We were two in this car.  This other mans name was Thembile Maginga.  We came to Umtata.  We went down Alexandra Road then we went to the township.  We had left the pamphlets already in town, but it is when we got into the township when we were trying to get into Kwezi
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township when we met the police.  We saw two policemen just near us.

MR SANDI: I would like to interrupt you now.  Let us go back to the cells. As you know that if a person has been arrested, what happened to you while you were in the cells and who did that to you?

ZOYISILE NELANI: After being arrested, after being told that I must leave my car where we were arrested we were taken to the charge office.  We were welcomed by a lot of assault by the policemen in the charge office.  They assaulted us so much.  One of those people was Lavisa, another policeman from the Security Forces.  Another one was Dingana, another one was Molife, Sergeant Msuko, Neba was an onlooker though he did not do anything, but he was there watching.

MR SANDI: Who are Lavisa and Neba?

ZOYISILE NELANI: Neba is Martin Neba.  He was the Head of the police at the time.

MR SANDI: And who is Lavisa?

ZOYISILE NELANI: Lavisa was in the Security Department.  His name was Zulisa.

MR SANDI: What is he doing now?

ZOYISILE NELANI: Today Zulisa is a Deputy Commissioner.  He is the second in command in the higher ranks in the police department in the South African Police Service.

MR SANDI: How do you feel about this?

ZOYISILE NELANI: Commissioner, there is a problem here because the Government does not come to us and find out who the Government should put in their high ranks.  The Government was supposed to do a referendum.  People like that were not supposed to be put in high ranks because they were murderers.  Murderers were not supposed to be put up in such UMTATA HEARING EASTERN CAPE PROVINCE
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high ranks.  If those people are still kept in those high ranks this South Africa will never be well again.

MR SANDI: Again, Mr Nelani, you said three white policemen arrived from East London.

ZOYISILE NELANI: On the third day when I was still in the cell, now I had already been separated from my friend Maginga.  Three white policemen arrived, then I was handed over to them who took me and opened the boot.  I was still hand-cuffed.  I had leg irons as well.  They just lifted me up then they threw me into the boot and they shut the boot.  The car was gone.

MR SANDI: Now who was lifting you up?

ZOYISILE NELANI: It is these three white men.  There was another young security policeman from Transkei who was called Nongogo.  He was there when I was being picked up and put into the boot of the car.

MR SANDI: This Mr Maginga you have just mentioned, is it the same one who had a private security company?

ZOYISILE NELANI: Yes, that is exactly him.  His name is Lucky Maginga.

MR SANDI: Okay, let us pass on.  While you were in Cambridge what happened there?

ZOYISILE NELANI: While I was still in the boot I only saw that now I was in Cambridge when they opened the boot.  Then I was put inside.

MR SANDI: Is this Cambridge Police Station the one in East London.

ZOYISILE NELANI: That is correct.

MR SANDI: According to my knowledge at the time, is that not at the time the then Government in Pretoria and those in authority here in the Transkei said Transkei has its own
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independence?

ZOYISILE NELANI: Yes, that was the time that the Transkei was still under the impression that it had an independence.  Commissioner there is one more thing that I would like to emphasise on.  I was beaten up very much by these men.  Men like Lavisa, Dingana, Molife and Nongogo.  They really assaulted me while I was in Norwood.

MR SANDI: Were you again arrested in 1980 for treason and at the time when you were arrested for treason, in which prison were you and what happened to you while you were in prison?

ZOYISILE NELANI: I was sentenced while I was in Wellington and the kind of treatment that I received there was very severe.  Such that one of us, King Peter, we had big problems regarding King Peter because as we usually receive letters from our relatives, they usually go via the Security Police who had arrested us.  They were the ones who use to read them and censor them before we could read them.

MR SANDI: Is King Peter the same one who was mentioned by one of the witnesses here yesterday?

ZOYISILE NELANI: Yes Commissioner, it is the same King Peter.

MR SANDI: Mr Nelani, has your explanation of your ill torture ending up there before I hand over to the Commissioner?

ZOYISILE NELANI: Yes, that is the end of it because I was now sentenced and I stayed in prison for five years and again when I got there I was taken by the Security Police who took me back to the Bordersdal Building where I had to give reasons why did I start to involve myself with the struggle and which organisation am I working for and who am I working with.  Those are the kinds of questions that I was asked by
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the Security Police.  My answer was people I have already served my sentence.  I was never told that now that I have been released from prison I am going to be asked more questions.  I have been sentenced already by the Judge and I served my sentence and I am not prepared to answer anymore questions.  I do not want to answer questions that are going to send me back to jail.  If I had known at the time I could have asked lawyers to please advise me.

MR SANDI: Now before I can interrupt you Mr Nelani, now by coming to the Commission, Mr Nelani, you have what kind of wishes?

ZOYISILE NELANI: I would like the Commission to please make means so that though all those people cannot come forward so that they can account for all those things that they did and again I would like to advise our Government.  All those people who use to violate our human rights must resign.

MR SANDI: Thank you Mr Nelani.  Thank you Chair.

CHAIRPERSON: Thank you Sir.  Order please.  Can we have order please.  Are there any questions?

KHOZA MGOJO: There is just one question.

CHAIRPERSON: Dr Mgojo.