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

MR NHLAPO: In 1977 when I came back to Balfour I discovered that Balfour had changed.  When I got here, I realized that there were many things.  There was some unsettlement in Balfour because people or Boers would come into our yards and ask us for pass books as well as permits and I objected to that.  One time when I was in my yard at home de Bruyn came and I went out of the gate.  When de Bruyn came and stopped in front of my yard together with the Constable Paulos Ngomezulu, they got out of their van and asked me for my pass book.  I said, this is surprising, how can you ask me for a pass book when I'm going out of the gate because my pass book is inside the house.  De Bruyn  produced a gun.  I said there was no need for him to produce a gun because I had my pass book in the house.  We proceeded into the house to look for my pass book.  When we went into the bedroom we discovered that my mother's bedroom was locked because my mother had gone to the office.  That's when we had -  They wanted to assault me because I couldn't produce my pass book and the bedroom was locked.  They produced guns but I was able to run away.  They hunted me in vans and they got me next to the garage as I'm pointing.   I thought I was going to sprint at that time.  They caught up with me and put me inside the van and I was taken to the charge office.  That's where I was tortured.  They said to me I have come to display how clever I was because I was coming from Soweto.  They burnt and tortured me.  Thereafter they took me to the police station.  At the police station I was charged for disturbing the Government because I was not listening  when they wanted my pass book and I did not posses a pass book and I did not have a work permit.  They said I was obstructing the ends of justice.  I was never taken to the doctor thereafter.  I remained in the cells and I would appear in court.  Thereafter the matter would be remanded for a later date and they would take me back to the cells.  That's what was happening throughout.  That's where it started.  From 1977 I have been tortured, humiliated and harassed by the police until this new Government came into power.  I have always been present with all that happened in Balfour.  Whether I've been present or not, they would look for me and I would be brought to answer for deeds that took place whilst I was away.

THOMAS MANTHATA: Sipho, do I understand you to say you were detained for a pass offence ?  Can you explain very clearly for how long and what kind of torture was taken out on you ?  For how long were you detained ?

MR NHLAPO: I stayed from 1986.  In 1986 I stayed for one or I think it's two months.

THOMAS MANTHATA: We were still at '77 here in Balfour. Are we through with '77 ?

MR NHLAPO: In 1977 I remained in detention for seven months and I had remained awaiting trial for two weeks in Heidelberg.  When I went to appear for the final time I was given seven months with no remission and no parole because they said I had committed treason.

THOMAS MANTHATA: Sipho, what had you actually done that could have been equated with treason ?

MR NHLAPO: According to them, they said that I refused to produce my pass book and I told them that I had not refused but I could not break into my mother's bedroom if she was not there and I had no right to enter into her bedroom.  I told them to wait until such time that my mother had come back so that I could produce my pass book.

THOMAS MANTHATA: So you were detained for seven months for failure to produce a passes ?

MR NHLAPO: That is correct.  I was awaiting trial for two months and then I was convicted for seven months effective.

THOMAS MANTHATA: Are we then coming to '88 or '87 ?  The years now.  We are through with '77 ?

MR NHLAPO: Yes, we are.

THOMAS MANTHATA: Which other year were you arrested and tortured ?

MR NHLAPO: 1986.

THOMAS MANTHATA: In '86, what had happened ?  Pass offence as well ?