Human Rights Violation Hearings — King William's Town — 1997-05-14

DANIEL PAULOS NONGENA: (sworn states)

MAHKI BOYI: (sworn states)

CHAIRPERSON: First of all I would like to apologize that on Monday when we were meant to give testimony before the Commission, you were not able to do so, because of a request given to us by Mr Card whom you had listed in your statement.  We'll hand over to Mr Sandi to lead evidence.

MR SANDI: Mr Chairperson, we will start with Mr Boyi.  Could he come closer to the mike please.  Mr Boyi, when I look at this statement before us you say that in 1963 you were ill-treated by the police as a member of the PAC.  Mr Boyi could you tell us what happened on this particular day in 1963 and who the police were that are the perpetrators.

MAHKI BOYI: Mr Chairperson in 1963, I was arrested and I was sentenced in 1964.

MR SANDI: Why were you arrested ?

MAHKI BOYI: Because I was a member  of the PAC, as it was banned at the time.  This is why I was arrested.  In 1964, March, I was sentenced and I was taken to Robben Island.  I
came back after 2 years.  In 1966, I stayed  in Hanga.  The one day 3 policemen came and my boss said I'm being called by these policemen.  Mr Card introduced himself to me, e.  They requested that I get into the car with them.  I left.  We got to King William's Town at the office.  They closed me into the car, locked me into the car.  They came back after a few minutes, got into the car.  They did not tell me where they were taking me.  This car was driven toward Nchoga.  It was in the morning.  When we came close to the river next to Nchoga, they stopped the car.  They got off the car.  They asked me if I know Umgazi.  I said that I do not know him.  The policeman that was standing next to me took me out of the car.  He said that we are not playing games here.  
 They handcuffed me onto a pole.  They said that I must tell the truth,  I know Umgazi who's got a garage in East London, a petrol station.  I did not know this Mr Umgazi.  They said that he had a petrol station with Pan African motives as its name.  Mr Card then shot into the air and said that if I do not tell the truth, I was going to die there.  They did not beat me up.  They, they unchained me, put me into the car.  This car was driven to the Supreme Court in Grahamstown.  They locked me into the car yet again.  They asked if I would recognize Mr Umgazi if I saw him then.  I re-iterated that I did not know him.. They went inside.  It was the first time I saw Mr Umgazi in Grahamstown.  Late in the afternoon they took me home.  They left, they actually left in the evening on the way home.  They did not take me home.  That is my complaint here to-day.  It is Mr Card who threatened me.

MR SANDI: Thank you Sir.  You say that this Mr Card  introduced himself to you.

MAHKI BOYI: Yes, he introduced himself.

MR SANDI: Did he give his full name and his title ?

MAHKI BOYI: He did not say whether he's a sergeant or not, he just said that he was Mr Card and introduced the other two.  I can't remember  their names.

MR SANDI: Did you hear about him after that ?

MAHKI BOYI: Yes.

MR SANDI: What did you hear about him ?

MAHKI BOYI: He was known in East London, also this side.  He used to move around with Xantisebe.  He would investigate political organizations.  It was a long time ago when this incident occurred.

MR SANDI: Would you recognize him if you'd see him ?

MAHKI BOYI: I don't know, because it was a long time ago.

MR SANDI: Is that all the evidence, Mr Boyi ?

MAHKI BOYI: Yes.

MR SANDI: Do you have requests before the Commission ?

MAHKI BOYI: Excuse me ?

MR SANDI: Do you have requests before the Commission in connection with this incident ?

MAHKI BOYI: Mr Chairperson, I have no requests.  This man was doing his job.

MR SANDI: In your statement you say that you wish to meet him.  Is that so ?

MAHKI BOYI: Yes, I'd like to see him now that I'm  free as well.

MR SANDI: Do you have reasons to request this meeting ?

MAHKI BOYI: I just want to see him now that I am free and in liberation, I just want to see him and look at him.

MR SANDI: Thank you  Mr Boyi.  Lets continue with Mr Nongena.  Mr Nongena, your
full names are Daniel Paulos Nongena.  Is that so ?

MR NONGENA: Yes.

MR SANDI: Your story is similar to Mr Boyi's one.  Where you in the same organization ?  Your incidents happened around the same time and the same place.  What happened to you, Mr Nongena, on this year.

MR NONGENA: It was in 1963.  Neogo was arrested.  They were leading us in our organization.  We would have meetings in the forest.  We would try to make our own weapons to protect ourselves as we'd  come to King William's Town  We then came to King William's Town.  We got to the Police Station where the court is now.  There was a Post Office.  We went into the back door, when we got there, there were people waiting for us already.  We got there and our men that were taken from the village were there.  The police started shooting  in the air.  Jegexho was shot and my older brother, George Nongena.  We then left town.  Kolegenjo and my elder brother, because  they could not move were left behind.  We heard over the radio that they were found in King William's Town.  The next morning, on the 9th, Xanti Sebe came to the village.  They arrested us and took us to King William's Town.  Charle Sebe came with Hatala. Donald Card was not there.  They took us to King William's Town.  They put us into water in a straight-jacket .

MR SANDI: What is a straight-jacket ?

MR NONGENA: It's a sack.  They put you into the sack, they tie it up and they throw you into the water then  you , the water inevitably comes into your mouth and stomach and stomach would be full of water.  They take you out, pump you, pump out the water and put you back again, saying that we must tell the truth.

MR SANDI: They wanted you totalk.

MR NONGENA: Yes, they wanted us, they were demanding the truth.  On the second day, they came again, took us out of the cell.  We were taken out.  They took.. They would... It was, it was like routine.  They'd take us out of the cell and into the water.  There was... Donald Card there.  Xanti, Xanti would say that he was going to call Donald Card for us, who was going to sort us out.  It was difficult to see him because it was at night but I would hear them calling out his name, Donald Card.

MR SANDI: Are you referring to Xanti, Xanti Charles Sebe ?

MR NONGENA: Yes.

MR SANDI: Please repeat this.  You're saying that, what did Charles Sebe say about Card ?

MR NONGENA: Charles said that Card was going to sort us out.

MR SANDI: Where was Donald Card at the time ?

R NONGENA: There were three of them, it was at night.  I cannot identify him.  They would beat us up behind the prison.

MR SANDI: Thank you Sir.  Is that all the evidence, Mr Nongena.

MR NONGENA: I, I don't want to continue now, but the white man in Robben Island also ill-treated me.  When, after we had been sentenced in Robben Island, by the time Mandela got into jail we were there already, being ill-treated and tortured

MR SANDI: Do you have a request in connection with this incident ?

MR NONGENA: I do, there are a lot of people who died in our area in the struggle for liberation.  There should be some form of project for the whole village.  I do not want to have compensations just for myself,  I want it for the entire village, because it was for the people that I was fighting for.
you beaten up ?

MR SANDI: I will  hand over to the Chairperson.  
MS MAYA  :     Thank you Mr Chairperson.  Mr Nongena, I'd like to ask you a question.  You said that at night when you were taken behind the prison, were you were beaten up?

MR NONGENA: There were three  people, Mazinxanti, that you knew who was Charles.

CHAIRPERSON: What about the others ?  What type of a man was he ?

MR NONGENA: It was a white man.

CHAIRPERSON: Do you perhaps know who the 3rd person was ?