Human Rights Violation Hearings — Balfour — 1997-05-23

MR NHLAPO: In 1986 there was a boycott.  I don't know what had happened because at that time in Siyathemba when I arrived I had not yet met with any political organizations so I was not clear as to what was happening.  A shop was burnt or set alight and a certain Mgune child was shot.  On the day of the funeral we proceeded to the funeral and the Boers who were led by Station Commander de Bruyn, started shooting at random, throwing teargas canisters at us.  When .............. each and every person has got a right to be buried.  We went to try and speak to de Bruyn as well as his entourage of policemen and we requested them to give us permission and offer us security.  If they were afraid that we were going to protest thereafter they should put enough security.  They said I was talking shit.  As I was trying to negotiate they swore at me, insulted me and said I should leave the place.  When the Adjudant spoke he said he has seen me and he's going to get me later on.  They took that person and went to hide him but I don't know where.  We don't even know to-day where he is.  The situation was tense in the residential area.  Houses were being burnt down.  My brother's house, Npostole, was also burnt down.  Mishack's house was burnt down.  When Mishack's house was burnt down I was disturbed and I went to look.  I saw a  Caspir with Adjudant de Bruyn and we watched my brother's house burning down.  As I was standing there I saw the Caspir and the policeman in the Caspir called for me and I saw a number of police.  They said to me that I should get into the Caspir.  I was scared that they would assault me so I voluntarily went in.  When I got into the Caspir I got other Comrades who were inside.  They said I should lie on the ground flat and they kept on tramping on us whilst we were lying flat on the ground.  I totally refused to lie and the ground so that they could trample on me.  The Caspir was driven to the office in Balfour and when we got into the office, they closed the office and we were assaulted.  Luckily I was able to protect myself.  I said, whoever is going to touch me, I'm going to tell the ANC attorney or ANC lawyer and they were somehow scared by me statement.  They left me alone but they assaulted the other Comrades.  They took us into the vehicle and they brought us to Balfour.  When we got the Balfour police station I discovered other Comrades from Rotunda Daduza, who had been assaulted.  Some of them could not even move because they had been so badly injured.  As I was better off than the others in terms of injury, I tried to help the other Comrades who couldn't do anything for themselves.  We tried to nurse them back to health.  Quite a number of us were packed into one cell and we couldn't sleep because we were packed like sardines.  I told the other Comrades who were better just like me, that we should help the others who were injured with the blankets and we could remain sitting because we didn't need to sleep.  Whilst we were at the police station one evening we were accused of being members of the ANC and they said, we should go and tell Oliver Tambo to release us.  They threw a teargas canister into the very small cell.  We tried to take the newspapers and extinguish or put the teargas canister off.  We took the water from the toilet and tried to pour it over the teargas canister.  All this time the police were laughing at us.  We were brought food and the food was raw, we were brought tea without sugar and we protested and said we were not going to eat that kind of food.  The other policeman that brought the food went to report that we do not want to eat the food.  They said, Sipho said, they were not going to eat that food and this policeman came and asked me what I was saying.  I re-iterated my statement that we were not going to eat that food.  They started kicking me and assaulting me for refusing to eat the prison food.  They said I was talking too much.  The following day we were taken to Kroonstad.  That's where we were hidden, in Kroonstad.  All this time we were trying to mobilize ourselves.  We toi-toi'd, we sang protest songs.  We were taken to Heidelberg.

THOMAS MANTHATA: Sipho, please help us.  You seem to be talking about collective treatment.  You are talking more about your bravery and ...(indistinct)  You are talking about ....   Could you please tell us of the treatment that was given to you in detention ?  In '88 as you put it.  Just be very brief and get to that point.

MR NHLAPO: But I must explain.  Please do not harass me as well because I need to explain this because I'm relating this thing as it happened, the events, as they unfolded up to the moment that I was in Modder B.  Now I will not be able to jump all things and go to one matter and leave the other matters out.  I need to explain how the events took place because wherever I went I was tortured and harassed.  I was thrown from pillar to post, from one prison to the other because I wanted to fight for the rights of the other prisoners.  I was the one who was older than them.  I was put into a straightjacket.  It was the first time I saw a straightjacket.  In the morning at about six a.m. I was put into a straightjacket.  They tied me.  There is a certain room which they call Kuluvutu, which means the dungeon.  I stayed there and there were no lights.  I could not move, I could not do anything.  Even when I was asleep I could not turn and be in another position.  I had to remain in one position throughout.  They realized that time was passing by.  They took me from the dungeon and took me out of the straightjacket.  They took me to Modder B.  When I was at the  ...... section, I was assaulted and taken by a certain van, taken to Modder B.  When we got to Modder B prison they said I should looked after because I was a problem.  At that time I had been tortured and it was the first time that I saw a straightjacket.  I was very sick, swollen and I urinated on myself.

RUSSELL ALLY: Please, if we can just respect the witness and just allow him to tell what happened to him, please.

MR NHLAPO: I remained in Modder Bee.  I was never even taken in for medial attention.  At times when I was in the straightjacket, it affected my left arm because it was tied so tightly around me and my body was swollen.  I was not even able to move or do anything.  Thereafter I was never ever subjected to any medical attention until I came to Balfour to appear in court.  I was given free bail together with Jacob Nhlapo.  We attended the case at the regional court in Heidelberg.  On the last day of the case the court reached a conclusion and they said there is evidence that I was at the Comrade's funeral but the policemen were not able to put the evidence in such a way that the court was satisfied.  The court was satisfied as to my presence at the funeral and that I should refrain from being at certain gatherings, especially political gatherings.

THOMAS MANTHATA: Were you ever a member of any political grouping Sipho ?

MR NHLAPO: Yes, I was.

THOMAS MANTHATA: Which ones are those ?

MR NHLAPO: ANC.

THOMAS MANTHATA: In '88 there was no ANC.  ANC was revived in 1990.

MR NHLAPO: Yes, at the time I was a member of the UDF.

THOMAS MANTHATA: To which organizations did you belong ?

MR NHLAPO: I was supporting the ANC even though it was a banned organization.  I was supporting the ANC even though it was banned.

THOMAS MANTHATA: Who was your leader at that time in those groupings where were you were singing all those slogans  ?

MR NHLAPO: I joined the ANC Youth League at Siyathemba and my Chairperson was Johnny Mkwena.

RUSSELL ALLY: Please, please people, if you could just be silent.  Just be quite while the witness is speaking.

THOMAS MANTHATA: Sipho, I have no further questions.