Human Rights Violation Hearings — Newcastle — 1996-09-12

MR LAX: (Inaudible) ... just tell us about it rather than show it to us please.

WITNESS:   It's the operation from the small of the back up to the front just below the tummy.  They took out some kidney stones.  And it was discovered that I was already suffering from ulcers, as well as throat ulcers.  There were a lot of diseases that I got whilst I was in prison, and I am still suffering from these illnesses even now.  And a person who's been detained before is not acceptable at work.  When I came back from St Augustine I was taken back to Waterval, and Dr Naude, who had operated upon me, had written a letter to the Waterval Prison so that they should give me a certain type of food, or a prescribed diet.  And I gave them the letter from the doctor and they told me that I wasn't going to get any special diet.  They phoned Major de Kock, and de Kock came to the prison and said I was going to eat the very same food that I was eating before, and I drew his attention to the letters that were written by the doctor and he said I will die if I have to.  I stayed for 11 days without food, drinking only water, and the prison officials did not want to give me the food or the diet that the doctor had prescribed.  I stayed for 11 full days without any meals.  And later on a certain Judge, Justice Louw, came.  I also reported the matter to him that it was 11 days now without me having any food.  I was changed, I was taken from Waterval back to the Newcastle Prison.  Even before I got transferred from Waterval the prison officials in Waterval came together and discussed the situation, because they said they did not have facilities to cook for me alone, so I should buy my own food.  I started buying myself some food for some time.  It was about two months when I was buying my own food, and they allowed me that I should have food from my family, and my family was permitted to bring me food, but they will not be able to prepare me the special diet.  And my wife was now moving up and down from Dundee to Waterval bringing me food.  And at some stage she got involved in a car accident whilst on her way to Waterval, and she got injured on the neck because of that accident.  I was then transferred from Waterval to Newcastle Prison.  When I arrived in Newcastle the official in charge was Captain Westrand.  He treated me quite well.  The situation was quite different from Waterval Prison, and whenever there was any mischief he would call the policemen to order.   Except for Chief Mthethwa, who was an informer, and whenever anything happened he was informing de Kock as to what was happening inside the prison.  And in 1988 de Kock came and revived the state of emergency.  I asked de Kock to charge me formally and make me appear in court, and he told me that he would not charge me formally.  We got arrested because our community wanted us to get arrested, and he was not going to charge us formally.  We were going to be kept in prison.  I don't know whether I'll be allowed to speak the same words that Zwane said.  He said to me I should undress and show him my genitals, and he asked me as to when last did I see a naked woman.  And if I could be his informer and arrest Mrs Mhlungu, as well as Sithebe, he would take me in his car and I would live in the way that he lives, because he had a wife and he had children.  And he was saying this in some rude language.  I told him that I would not be an informer.  I would rather die in prison rather than be an informer.  But what traumatised me even more was that my father died, and I never saw my father because he died whilst I was in prison.  He came to see me thrice and he was chased away.  He tried by all means to organise that I should see him, because he was very ill at that time and he wanted to see me before he died.  De Kock refused me that permission.  Then he died in May 1988, and he was buried on the 12th.  But they did allow me to go to the funeral, and I buried my father and went back to the prison.

MR LAX: From Newcastle where were you taken?  Did you stay in Newcastle until you were released?

WITNESS:   I stayed in Newcastle police cells, and then in November 1986 I was transferred to Waterval. You've already told us all of this.  You then were

MR LAX: taken back to Newcastle Prison from Waterval, where Captain Westrand looked after you quite well, you said.  So I am saying once you were at Newcastle were you transferred after that to another prison, or did you stay there until the end of your time when they released you in November '88?

WITNESS:   I stayed there in Newcastle until I was released.

MR LAX: (Inaudible) ... what happened?  Were you put in house arrest like the rest of them that we've heard so far, or were you charged?

WITNESS:   I was also put in house arrest.  I was not allowed to be outside my yard after 6 o'clock.  Even during the day time I wasn't allowed to have four visitors.  If I wanted to go to town from Dundee I needed permission from them.

MR LAX: Did they also restrict you - you've just said they restricted the number of visitors you were allowed as well.  Did you have that problem as well?

WITNESS:   Yes.

MR LAX: Now, I just thought I would, for the sake of the record, read a letter which you've given us a copy of, which is a letter addressed by the then Minister of Justice, or in fact they went by a different name at that time, the Minister of Law & Order, Mr Vlok.  Your lawyers had written to say why were you being detained, and in reply to that he said that you were, amongst other things, responsible for the breakdown in law and order in the communities in which you were living, and that - I'll quote here,

MR LAX: "He and the committee, that is the Sibongile Civic Association, exercised pressure on the Sibongile Community

MR LAX: /"Council

MR LAX: "Council for the abolition of higher house rentals.  He and the committee was also responsible for the dissolution of the aforesaid community council by means of intimidation."

MR LAX: Were you ever charged for intimidation?

WITNESS:   This is not true.  Whatever Adriaan Vlok has written down it's not true.  No one was intimidated by us, not a single person.  That's why I can say that if I can have an opportunity and see Mr Adriaan Vlok I'll be very happy, because I will want to fight him.

MR LAX: I think if I could say this to you, that the reasons given in these letters for your detention have never been followed up with any legal action in terms of which evidence is brought in a court of law to convict you of those things.  Is that right?

WITNESS:   That's correct.

MR LAX: Now, you've said that since and as a result of this detention your life has changed.  Do you confirm that?

WITNESS:   My life has changed a lot.  Before I was arrested I used to go to church every Sunday.  Now I am scared because I think that the community - people are looking at me as a criminal.  Now how can I go to church?

MR LAX: You've also said that you've not been physically well as a result of this.

WITNESS:   That's correct.

MR LAX: You can't work and you've been dependent on your wife to help support your children.

WITNESS:   That's correct.

MR LAX: You said that you've been assisted by an Indian friend who's paying for school fees and helps you a bit.

WITNESS:   That's correct.  He is the one who made it possible that my two kids can finish school.  And this other one my  /wife is

MR LAX: wife is taking care of.

MR LAX: Now, just to confirm this, you've said that you would like some compensation from the previous Government for the job that you lost and for securing a pension and so on, is that right?

WITNESS:   (Inaudible - end of side A)

MR LAX: There were two medical orderlies in the prison.  You mentioned a Vilakazi, and the other one I didn't catch his name, the one who helped you by stealing medicines for you.

WITNESS:   (Inaudible)