Human Rights Violation Hearings — East London — 1997-06-12

PROF MAGWAZA: Okay, can you tell us, here you, from the information we have here you were detained, you were sentenced to eight years and you were detained for five years, three months.  Is that true?

JANE NOMAKHEPU NTSATHA: After I was detained for six months I awaited trial for 11 months.  That is when I got ill.  It is in King William's Town Prison that I awaited trial.  In 1983 I was sentenced.  I was sentenced in 1983, eight years imprisonment.  They said that it would be five years, three months, my sentence would be running concurrently.

PROF MAGWAZA: Five years, three months?

JANE NOMAKHEPU NTSATHA: I served five years.  The three months had a fine of R300,00 attached to it.  My sister paid the R300,00.  I therefore stayed five years in jail.

PROF MAGWAZA: A few other questions to ask.  What happened to the other Comrades?  Were they also detained?

JANE NOMAKHEPU NTSATHA: We were all detained.  Whilst in detention we would go to sittings with Magistrates.  Mncekeleli Peter and myself would always be put together until we were released from detention six months later.  Thabo Bashe was on a, on hunger strike.  He was pale.  They had beaten him up, because they wanted him to be a State witness.  He said he had refused to eat, because he did not want to be a State witness.  We then all went to court.  Thabo and Khumbula refused to be a State witness.  Phumezo was charged with purgery.  He was released.  Thabo was sentenced to two years imprisonment.  Cora, three years.  Mncekeleli Peter was my co-accused, also three years.

PROF MAGWAZA: I see here you mention Mr Bezuidenhout as one of the people who tortured you.  Is he the only one?  Can you, do you have the identify of others?  No, no, okay, well I am not going to ask you for the identity of others, but he is the only, is he the person who did most of the torturing, Bezuidenhout?

JANE NOMAKHEPU NTSATHA: Bezuidenhout was the Boer that was beating me up at Aliwal North.  There were other Black men as well.  Sergeant Vusani was there as well.  He did not beat me up, however.  He said he does not beat up women.  He just took my child and held my child in his arms.  There were other Black policemen who were beating me up.  There was also another White man who was slapping me.  In King William's Town Fosche electrically tortured me.

PROF MAGWAZA: One more question.  You had said they gave the child to your sister to take him or her away, but now I am made to understand that eventually the child was with you in the cell and for how long was the child with you in the cell and why did he have to come back to be with you in the cell?  Can you hear me?

JANE NOMAKHEPU NTSATHA: Yes, I can hear you Mam.  What happened is they took my sister home after my child had been one year, six months, because when I was arrested my child was seven months old only.  Therefore my sister came when I was ill in King William's Town Prison.  After six months of trial I could not urinate.  I think it is because of the electric shocks.  I went to a doctor, I was giving medication.  I lost a lot of weight, because the side effects of the medication was loss of appetite.  I told my sister that I was not well.  When I handed my child over in King William's Town the police came and said I must go back into the cell and eat at the cell at 11 o' clock.  They said that they were in a hurry, I must go with my food and my baby into the cell.
 When I was in there I washed my plate, but as I was washing the plate the water ran out.  As I was trying to flush the toilet as well I could see that there was no water.  I realised that there was some gas.  I could smell gas coming out of the taps.  I realised that I was getting dizzy.  My child was sleeping.  Whilst I was dizzy the police came.  Usually when they come to the cell they make a whole lot of noise and my child would get up.  That particular time my child did not get up.  They came and said they had come to fix the loo.  I said that my child was not waking up.  They said what was wrong.  I told them there was gas coming out.  I took the child and put the baby outside the cell.
 A nurse came.  This nurse that she did not know what was going on.  My throat was very dry because of the gas and I was still dizzy.  I went to try drink water from the loo, but I could and I could see from the mirror that I was absolutely pale and my throat was very dry.  I was supposed to get a visitor.  I saw Vuyisa, my sister, coming to visit me.  They said that they are going to close early.  I said I was not going to, back to the cell with my child, because they were going to kill me and what I was saying was not coherent.  Therefore it was imperative that my sister leave with my child.  I could see they wanted to kill me.  I refused to go back to the cell.  I started screaming so that if, so that if they kill me I would have made some noise so that the other prisoners could hear.
 I had read about a certain Dr Aggart.  Apparently before he died he had been unconscious standing outside.  I thought perhaps they would also want to kill me the way they had killed Dr Aggart.  I said that I would not go back to the cell.  I made a whole lot of noise.  They then said I must take my child to my sister.  It was all foggy.  Vuyisa then took my child.  I went back to the cell.  When I got there ...
POWER FAILURE

CHAIRPERSON: If we could proceed with the hearing.

JANE NOMAKHEPU NTSATHA: Okay.

CHAIRPERSON: Thank you for your patience.  I think your perseverance reflects your appreciation of the work of the Commission.  Sometimes we would hear what would happen with the electricity in Mdantsane. Today we have experienced it.  This day was supposed to be heard by the entire South Africa.  I would hear on the radio that they are waiting to go on with the hearing in Mdantsane, but there is no electricity.  Now the entire South African country knows that the electricity in Mdantsane is not reliable.  We are going to hand over to Tiny Maya to proceed.

MS MAYA: Thank you Commissioner.  Nomakhepu, we apologise, because you were the one who was trying to complete your story.  I would like to remind you that you are under oath.  You are still under oath as you were sworn in.  I would like to remind you that you were telling us about your sentence, five year sentence.  As your sentence was five years, three months your sister paid the R300,00 fine to cover the three months.  Will you please continue and tell us about your child.  Where is your child now?

JANE NOMAKHEPU NTSATHA: He was here.  He just left.  He is at school.  He is in standard six.

MS MAYA: How old is he?

JANE NOMAKHEPU NTSATHA: He is 16.

MS MAYA: Having stayed with you in prison and having been separated from you, did this affect his life at all?

JANE NOMAKHEPU NTSATHA: Yes.

MS MAYA: How so?

JANE NOMAKHEPU NTSATHA: First of all, I am an orphan.  After my sister took him from prison, she was still at school.  He would move from home to home.  Eventually he stayed in Zwelitsha, because my sister gave up her education for my brother.  His eyes were red for about six years.  Even now his eyes are still red.  After I got out of jail he did not know me, because he was seven years old.  We parted when he was young, one year, six months.  He is a very nervous person and we do not have a good relationship.  He does not take me as his mother.  We do not have a good, substantial relationship.  He is closer to my sister than myself.  If he could go to a doctor perhaps.  He does not do well at school.  The teachers do not know what is wrong with him.

MS MAYA: Thank you Nomakhepu.  Excuse us.  Do you have anything else to add?