Human Rights Violation Hearings — Newcastle — 1996-09-11

COMMISSIONER: Mr Sithebe, again thank you for having given us that overview of - there were three main incidents which you mentioned, the attack on you in 1982 by vigilantes who were bused in by school authorities, your imprisonment as a trade unionist in 1983.  You mentioned in your statement that you were tear-gassed while you were in a police cell.  Is that correct?

WITNESS:  Yes, quite correct, in 1985.

COMMISSIONER: '85, sorry.  Could you just briefly just tell us what they did there.

WITNESS:   In 1985 we were arrested for an illegal gathering.  It was a Saturday afternoon at about 3 o'clock, and we were at Dundee police cells.  As we were in the cells a certain policeman came, opened up  the cell, and threw a tear-gas canister and closed the door.  We coughed, we suffocated, and there was not even

COMMISSIONER: a single policeman who came to help us.  We stayed inside being suffocated by the tear-gas, and they came back after about three hours.  We reported the matter and nothing was done about it.  I think that was part of violation of our human rights.

COMMISSIONER: (Inaudible) ... you mentioned the third incident was your arrest in 1986 during the state of emergency, when you were detained at Newcastle, Kandaspunt, and then you were charged for possession of SACP material.

WITNESS:   That's true.

COMMISSIONER: You mentioned also that members of the Security Branch, Mr Geldenhuys and Mr Olivier, said to you that you were lucky that you were inside, because if you were outside they would send Inkatha to finish you off, is that right?

WITNESS:   That is correct.

COMMISSIONER: (Inaudible) ... something that we've heard in other areas, where members of the Security Branch spoke in that way, and this indicated that they were in a position to call on IFP people to go and act against activists, again showing the very close relationship between that party and the Security Branch.  You've said in your statement that when you - you were released - how long were you in gaol for by the way?

WITNESS:   When I was sentenced I got a suspended sentence, which was for two and a half years.

COMMISSIONER: (Inaudible) ... Commission assist the victims of apartheid, particularly those who are unemployed.  Now, as you know the Commission isn't in a position to assist by giving people financial compensation, or by organising them a job, and our brief from the Government is to make  recommendations to the Government as to how to assist the victims of apartheid, the victims of human rights

COMMISSIONER: violations, and we will be making those recommendations, and your evidence that you've given, as I've said, is very important.  It provides us not with just evidence of a single traumatic incident in your life, but it provides us with an overview over many years about the life of a political activist, as a student, as a trade unionist, and as a member of the community, so we thank you very much for coming in and sharing your story with us.  Thank you.

COMMISSIONER: (Inaudible) ... they will be describing the same event, which was the massacre at the Hlobane Mine, we are going to ask them to come up onto the stage together, and that is Mr Siyolo and Mr Ngcobo.
Good afternoon Mr Siyolo and Mr Ngcobo.  We welcome you here today.  You have come to tell us about a very important event in this province's history, which was the massacre at the Hlobane Mine, and we have asked you to come up onto the stage together and to each give evidence, but not to tell the same story.  If one of you says something, and the other feels that he has left out something, then when it is his turn to give evidence he may fill in where he thinks the other one left out.  Before you give your stories can we ask you both to stand together and to take the oath.

CLIFFORD MENDISI SIYOLO AND EPHRAIM NGCOBO: (Sworn, State)   (Through Interpreter)

COMMISSIONER: We're going to start with the evidence of Mr Siyolo, and Mr Lax will help you.

MR LAX: Thank you, Chairperson.  Good afternoon, gentlemen, thank you for coming.  As I have explained to Mr Siyolo I have some personal knowledge of some of those events that happened at that time, and so I will help you through the stories.  Obviously each of you has an individual story that involves what happened to each of you individually, but what happened at Hlobane Mine didn't happen out of the blue, it happened as part of a much bigger picture that was going on in the country at the time, and in particular in the mines in that area at the time.  And so I am going to ask Mr Siyolo to start off to give a short context to the build up to what happened and how the massacre subsequently took place.  So if you could start with that, Mr Siyolo, and then what we will do, when we talk about the individual stories we will then take your personal details at that time.  (Pause)   Maybe I can help you.  Let's do your personal details first.  You were born on 24 April 1953, is that right?

WITNESS:   That is right.

MR LAX: (Inaudible)

WITNESS:   Yes, I am married.

MR LAX: And do you have children?

WITNESS:   Yes, I do.  Four.

MR LAX: (Inaudible) ... do?  What are their ages and what are they doing?

WITNESS:   Three of them are still at school.  One is not working and not at school.  The first-born was born in 1970, the second-born 1986, the third-born - I made a mistake.  The second-born was born in 1976, the third-born '78, the last-born 1982.

MR LAX: (Inaudible) ... at the moment.

WITNESS:   I am working at Spin and Win.  There's a casino there.

MR LAX: Now, you joined the mine in 1972.

WITNESS:   Yes.

MR LAX: (Inaudible) ... there was no trade union on the mine.

WITNESS:   There was no trade unions which grouped all the employees together, even though there were unions where individual workers can go and join.

MR LAX: Please continue with the story from there.