Human Rights Violation Hearings — Newcastle — 1996-09-12

COMMISSIONER: Mr Simelane came, and I was with Comrade Thulani at that time.  And he was the one who used to come to my place, because my other comrades were scared to associate with me because they feared being arrested, and they could not talk to me because they were scared that they would be victimised also.  When Simelane came to my place for the second time that's when I realised that as they were doing this I was going to end up getting annoyed, because they never got the weapons that they were looking for.  Now I was living like at animal which was hunted by the predators, and I felt fed up and I screamed at them, and they said they were going to laugh last.  Quite a few days thereafter I could feel that I was physically not well.  I went twice to the hospital to tell them that there was something wrong.  The doctor on duty on that particular day took me and eh examined me.  He said there was nothing wrong with me, and even on the second occasion he told me there was nothing that he could see wrong with me.  The only doctor who helped me was Dr Denis, and presently I still go to Dr Denis, but now he is on pension, he has retired.  But due to the changes that took place in my body I realised that I could no longer stay in Newcastle because my condition was deteriorating.  I told my mother to phone my father so that he could come and see what he could do with the situation, and he took me with.  (Pause)  He was from Johannesburg.  That's where he stays.  He came and he took me with to Johannesburg, and he tried to get me some medical attention.  I was taken to the Baragwanath Hospital, and I couldn't relieve myself.  And I don't remember what happened thereafter, but I regained my consciousness at the ICU.  There is a tube that was  inserted and it was full of blood.  I think that's the tube they used for me to relieve myself.  But the most traumatising experience that made me to come before this Commission is that - it is not important that I was tortured, or how I was tortured, but what I want to put before this Commission is that this harassment resulted from the fight for freedom.  We wanted our people to be liberated from the oppressors, and my friends were also fighting to protect whatever they had.  That is not very important also, but I want to point out that thereafter I saw human rights attorneys, that is Priscilla Jana & Attorneys.  They are also based in Johannesburg.  They are the ones who continued with the case, and the case was taken to the Attorney-General, and the Attorney-General said the case may be prosecuted.  The case went on for a year.  It started in 1990, but I don't remember the date very well.  The case went on, but the judicial system in Newcastle, as well as the judicial system in South Africa as a whole, was corrupt, because when the case was supposed to be finalised I was never contacted so that I could institute civil proceedings thereafter, and I was never told about the outcome of the case.  This is what traumatised me even more.  If I had the means or the money I would have instituted the proceedings in a Supreme Court, but because I do not have money I did not continue with the case.  I shall request this honourable Commission to find out from the Magistrate, Mr Bruwer, as to how he reached the final decision or finalised the case without ever having told me, and without me appearing before the Court, because I later on received a certain document that the police did not give enough evidence that I was  injured, and I also did not give satisfactory testimony

COMMISSIONER: that I had been injured by the police.  But what surprises me in this whole matter is that this sounds as a joke, because I have never heard of a case where it is said there is a draw in a case.  Because different testimonies were given by psychiatrists as well as doctors who treated me at that time when I was injured, but despite all the evidence that was given they said it was not sufficient.

COMMISSIONER: (Inaudible) ... have any medical documents from that case which describe the condition that you developed following your torture?  Do you have any documents that can give us a better understanding of what happened?  You said that there was evidence from psychiatrists.

WITNESS:   If I remember quite well I do have certain documents, but they are with my attorneys, because most of the documents were taken by the attorneys except for the Madadeni Hospital, where I was sent by my attorneys to ask for the documents.  I was told that the documents had been lost, and I still wish to know as to whether the records of the hospital do get lost whenever there's an investigation.

COMMISSIONER: (Inaudible) ... your attorney we would very much like to see those, you see.  As you probably heard me saying to other witnesses, it's our job to make recommendations to the Government about how people like you, who get affected in this way, should be assisted, and it would help us very much if we were able to have access to those documents so that we know how you have been affected by this torture, and we can then make recommendations as to how you should be assisted.  So if you can get those documents to us, you know where we are, you know our address, we would like you very much to send  us those documents.  Now, are you - you said earlier on

COMMISSIONER: when you started your evidence that you were working in Osizweni for the Development Forum, and you were represented on the local Peace Forum.  Are you able to function properly from day to day?  Do you find that you are still affected in your daily life?  How are you at the moment?

WITNESS:   What I can say is most of the things that happened I try to forget them in order to be able to cope with my daily duties.  As I have said before, it was not because we were in good terms, or asking for something, we were demanding our freedom.  That's why I am saying I am trying to forget in order to heal myself, but it's not easy for me, so it still traumatises me.  I was advised by the psychiatrist that I should keep myself busy so that I could not think or occupy myself with the thoughts of the torture.  Maybe these are the reasons that help me cope.

COMMISSIONER: Just to get some details of that torture itself, was - the main part of the torture was it electric shocks?  Was that what it was as far as you can remember?  You mentioned here that throughout the night while you were handcuffed they beat you, the kicked you, and the electrocuted you.  Is that correct?

WITNESS:   They electrocuted me, and it was not clearly written in that statement because the electrocution started on the following day.  On the first day they were just assaulting me, kicking me and hitting me with their fists.

COMMISSIONER: The electrocution started on the second day, is that right?

WITNESS:   That is correct.

COMMISSIONER: (Inaudible) ... the names of any of the policemen who were involved in that?

WITNESS:   I did give a list of the policemen that I still remember. Is that Simelane, Captain Pelser, Basson, Nkosi, and

COMMISSIONER: then there's a name - is it Ndlamenzi?

WITNESS:   Ndlamalenzi.

COMMISSIONER: (Inaudible)

WITNESS:   That is correct.

COMMISSIONER: (Inaudible) ... Sibusiso, to what you've already said?