Human Rights Violation Hearings — Karoo — 1996-10-09

ZINAKILE ASYIA: At the time there was a total onslaught that gave rise to a lot of people being detained.  Her children were politically active, therefore they probably thought she too was politically active.

ADV POTGIETER: But was she did she participate in the community structures that existed in Colesberg at that time?

ZINAKILE ASYIA: As a mother she was always at home.  We were the ones who were involved in politics.    My mother was involved in the sense that we as her children were involved.

ADV POTGIETER: So is it fair to say that your family was regarded as being politically active, involved in the politics of the day.

ZINAKILE ASYIA: Perhaps you could put I that way.  My family, they have their own views.  They are enlightened.  They knew that everything that is happening to our community was unfair and unjust.  She agreed with that view point.

ADV POTGIETER: And for how long was she detained?

ZINAKILE ASYIA: She was three months in detention.

ADV POTGIETER: And she was never charged with any offence?

ZINAKILE ASYIA: She was never charged.   She just came back home the one day and we were just happy that she'd come home.

ADV POTGIETER: Did you have a father at that stage when your mother was detailed?

ZINAKILE ASYIA: I have a father.  We do not stay with my father anymore however.  He's stays on her own.  He's still alive though.

ADV POTGIETER: So in 1986 the period that we are talking about, were your parents separated and you were living with your mother?  The children were living with your mother?

ZINAKILE ASYIA: My parents separated in 1963.

ADV POTGIETER: Now your mother was detained for three months.  What happened to the children, what happened to the family in that period?

ZINAKILE ASYIA: I resigned from my job to look after my siblings.  I was trying to help my family.  There was a support detainee's committee.  I then wrote to the committee to ask for help.  They assisted us under our bad circumstances at home.

ADV POTGIETER: [Indistinct] you the eldest child?

ZINAKILE ASYIA: Yes, I am

ADV POTGIETER: In 1986, how old were you then?

ZINAKILE ASYIA: I was thirty-two years of age.  I was born in 1954.

ADV POTGIETER: Now it must have been very difficult for you to cope without a mother and a father?

ZINAKILE ASYIA: It's true.  I was a mother, I was a father.  At the time I had a girlfriend that I am still seeing now.  She was pregnant.  She was on full term.  It was difficult, because she had to come and stay with us in a dilapidated house.  I then tried to refurbish the house so that my mother could come back.  I was doing all this so that when my mother gets out of jail, there would be a positive change at home.  Even the state missionary I did not want to show them that they had beaten us at their game.  I needed a positive change.

ADV POTGIETER: I want to just deal with one  or two other things before I conclude.  You instituted that civil action and it was unsuccessful.  What happened subsequently.  Were you ordered to pay the cost, the legal cost and did the state try to recover the cost from you of what happened?

ZINAKILE ASYIA: We were assisted by our lawyers from groups like IDAF.  Our political struggle at the time was very difficult.  There were meetings in Azania , in Tanzania.  These meetings were there to help us.  A new strategy was at hand.  It was too late for me to be helped by these organisations, however the legall aid had to help me, but one had to consider the Judge that was going to sit, the Magistrate, who am I laying charges on.  All that had to be considered.

ADV POTGIETER: Yes thank you.  But were you when you lost the case, were you ordered to pay the cost of the state.

ZINAKILE ASYIA: No one pays at legal aid.

ADV POTGIETER: So the state never came back to you and say that you must pay expenses.

ZINAKILE ASYIA: The state liaised with my lawyer and requested a certain amount of money, but because I was not employed at that time - I could not pay them.

ADV POTGIETER: And has that fallen away now.  They haven't pursued this at all.

ZINAKILE ASYIA: They have not pursued it.

ADV POTGIETER: Very good.  Then just finally you mentioned one of the people that were involved in your torture, Xoxo Malithi.  Is that or was that a policeman from here, from Colesberg.

ZINAKILE ASYIA: Yes, it was a policeman from Colesberg.  Most of the people that were assaulting me were people from Colesberg.  I know these men.  I grew up with them, but I want to say today to the Truth Commission is that I have forgiven those people.  I hope that they will not mind my giving their names at the Commission.  I am only telling the truth.  We have forgiven each other.  When I get out of here, we are going to greet each other as usual.

ADV POTGIETER: That's again very - very admirable, but I specifically ask about Mr Malithi and  you must, you are entitled and you are supposed to tell the truth, so if you mention names, that is actually part of the process.  But Mr Malithi's name has been mentioned many times in this round of hearings and that's why I specifically asked about him.  Does he live in, does he still live in Colesberg.

ZINAKILE ASYIA: Yes, he stays in Colesberg.

ADV POTGIETER: Is he still a policeman?

ZINAKILE ASYIA: Yes, he's still a policeman.  He's got a brother in Middleburg who is also a policeman, maybe he is the man that people keep talking about.

ADV POTGIETER: [Indistinct] is very likely, because I am not quite sure about the first name, but thank you for drawing my attention to that and thank you Mr Asiya.

MARY BURTON: Mr Asiya thank you for coming to testify before us this morning.  We have noted your request for Archbishop Tutu to include you and the people of Colesberg in his prayers.  I can assure you that he does so and that we certainly do need the prayers of people of faith throughout the country to help us through this process of transition.
You mentioned your wishes for Colesberg and the many things that still need to happen.  Would you like to say a little bit more about the present situation of people living in Colesberg.