Human Rights Violation Hearings — East London — 1996-04-15

DESMOND MPILO TUTU: We welcome you warmly at this first of the series of public hearings of the Truth and Reconciliation Commission.  This is a hearing of the Commission on human rights violations.  The other type of hearing is that of the Amnesty Committee.
We thank our Eastern Cape colleagues, Commissioner, Commissioner Bongani Finca and all his colleagues in this region for their very hard work, demonstrating that I head up a team of outstanding persons as Commissioners and Committee members, some of whom are here with me today.
 Our staff consists of dedicated and skilled persons.  We thank the Premier of this province, the honourable Raymond Mhlaba and the people of his province for their welcome and for their presence here today with Mrs Mhlaba as well as the speaker of the Provincial Legislature, Mr Kugile and Mrs Kugile.  We thank the mayor, the councillors and the people of East London for their welcome, and especially for making available these facilities here.
 We want to say a big thank you to the police for providing security, as we can see.  They are our police. We welcome all those who will be telling their stories as well as their relatives and friends.  We will want to hear their stories.  That is the basic reason for these hearings. For the Human Rights Violations Committee to help the Commission EAST LONDON  HEARING TRC/EASTERN CAPE
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determine whether a particular person has suffered gross violations  of their human rights and for those people then to be declared victims and who will thereafter be referred to the Reparation and Rehabilitation Committee of our Commission, which then must make a appropriate recommendations to the President of our country for the nature and size of reparation to be given.  
 The Committee will not be making immediate findings about whether people are victims who have suffered gross human rights violations. But it's something that will happen only a while afterwards, because it may be necessary to verify testimony, we may have to alert people who have been named as alleged perpetrators so that they are given an opportunity of making representations in writing and possibly being asked to come to a future hearing.
 Thank you all of you here in South Africa and around the world who have prayed and are praying for the Commission and its work. We are charged to unearth the truth about our dark past, to lay the ghosts of that past so that they will not returned to haunt us and that will thereby contribute to the healing of the traumatised and wounded people for all of us in South Africa are wounded people. And in this manner to promote national unity and reconciliation.  For Christians it is a significant thing.  Now the first hearing happened at Easter time, when we commemorate the victory of life over death, of light over darkness, of goodness over evil, of justice over injustice, of truth over lies, of laughter, of joy, of peace of compassion over their ghastly counter parts in the glorious resurrection of saviour Jesus Christ.
 We want to indicate that those who testify before this Commission, will enjoy the same privilege as would happen in EAST LONDON  HEARING TRC/EASTERN CAPE
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a court of law for the testimony that they give, provided what they say is the truth as they understand it, and provided what they have done is done in good faith.  
 We want to assure that we do not want to turn the hearing into proceedings of a court of law, but the conduct of all of us here should be conducive to a dignified hearing, for we have come especially to hear harrowing stories from those who are going to be witnesses, and out of respect for them, I hope that it will not be necessary for me to invoke the powers that have been given to me by the Act, that each of us here will conduct themselves in an appropriate manner. If people who hear what would be construed in a court of law, if it happened there, as contempt of court, then they will be guilty of an offence. I would hope that it would not be necessary for us to go in that direction.

CHAIRPERSON: We invite Mrs Nohle Mohape to take the stand.

NOHLE MOHAPE: (sworn states)

CHAIRPERSON: In welcoming you as the first witness in the proceedings of the Truth and Reconciliation Commission, we are mindful of the suffering that you have endured in the past.  Many of us remember as though it was yesterday when Mapetla died in police custody.  We remember the anguish and the horror of those days, we know also, apart from the personal grief that you've experienced, that you yourself have been a victim of human rights violations. We know that you too have been detained and were in solitary confinement, and we salute you as someone who has witnessed the great courage, and you coming here today, is a testimony to your commitment, to truth, to justice, to reconciliation and to peace between you and all people and all South Africa.
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 Tiny Miya who is sitting on my right will lead the questions which the Commission would like to ask as you give your testimony. You are very very welcome.

MS MAYA: Thank you.  Before we begin I would like to indicate that my witness will be more comfortable presenting her testimony in Xhosa.
 Good morning Mrs Nohle, how are you today. I would first like you to tell us who you are just before we start. Anything that you want to tell us about yourself, feel free, thank you very much.

NOHLE MOHAPE: I am very happy today after twenty years, because today is the 20th year, Mapetla Mohapi, my husband died. I am very happy to get this chance to sit in front of you to explain to you who killed my husband. I am Nohle for the higher family, I was born in Tonye here in South Africa.
I was born Nchona area and I grew up at home, I must really say it was a family of civilised people. Some of my family members were teachers.  I grew up doing my primary education at Ghaie.  After completing that I went to secondary, and after that I went to do my secondary education.
 During this time Mount Asad, that's where I met Mapetla Mohapi, it was in 1971, and he was my boyfriend. This affair ended up in marriage in 1973.  Our affair, I must say , from the very beginning, I realised that he was a very committed person to what he takes, because our affair was such an ordinary affair in the beginning, I was still growing up but as time went on it was a very serious affair.

MS MAYA: You married and what happened thereafter Mrs Nohle?