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

MARY BURTON: Good morning again Mr Asiya.  Can you hear me properly through the earphones?  Perhaps you could try another set if that one's not working.

ZINAKILE ASYIA: This one is working.  Good morning Ms Burton.

MARY BURTON: Are you prepared to take the oath?

ZINAKILE ASYIA: Yes.
ZINAKILE ASYIA Duly sworn states

MARY BURTON: Please sit down.  Ms Joyce Seroke is going to lead your testimony.

MS SEROKE: Good morning Zinakile.  We will request that you tell us your story from August 1986 briefly please.

ZINAKILE ASYIA: Thank you ma'am.  Since August 1986, I was coming from Theunisen.  My aunt had told me that my cousin is in detention.  She'd told me that my siblings are in trouble.  I then resigned from my job so that I can go and look after my siblings.  I then came back home.  I was - when I was at home with my siblings as my mother was in detention, I requested that I have an employment insurance card.  
After a while, when I had gone to claim this money,  I came across a policeman accusing me.  Saying I am a perpetrator of violence in Colesberg.  There was no violence at the time, as a lot of people were in jail.  They then assaulted me, took me to the police station.  At the police station, there as station commander.  His name was Van Rensburg.  I was then told that according to R56 an Act, I could be arrested.
They verbally abused me, I was harassed.  These are the police we called the green flies  that abused me.  They would swear at me the whole time.
In 1987 I was harassed yet again by the police.  I then organised what we called an  M-plan, standing for Mandela's plan.  We organised people to clean our streets, because nobody would do it.  We wanted to demonstrate that this could provide employment for our people.  My brother-in-law requested that I go to a funeral at Richmond.  When I returned I was told that there was a whole Army looking for me.  
Because I was young at the time I told my mother not to worry.  I went around the township.  Whilst I was walking a police van approached me.  I then ran away to a certain house so that these people that lived in this house could see that the police were arresting me.
There was a white policeman there, a black one Xolise  - Xolile Sakane.  They took me by force.  They hit me with a gun on my leg.  I was then taken to the police station for further assault.  Van Rensburg, who today, is a warrant officer, asked why I am not killed.  He commanded them to kill me.  I was then taken to a cell.  I was there for four to five hours when white men came.  They took me to the charge office, asking me what I am up to, what my mission is.  They accused me of intending to burn down police buildings.  I said I do not know anything about this.  The only thing I organised is for people clean the street.  That is all I know.  
After that I was told to leave.  It was already at night.  It was dark.  I was asking myself why are they releasing me at this odd hour.  I was scared because there was a command for me to be killed.  On my way home, I had to go up hill and my leg was painful as it was injured.  I went to the hospital and a certain nurse admitted me.  
The next morning, there was a doctor.  The nurse reported that I arrived there with an injured leg.  Doctor Deon then said he could not help me.  I went back home.  My leg was not X-rayed.  I was not even given pain killers.  Continually after that I was harassed.  Even when I would get a job, I would be dismissed or assaulted.  I was told I am a UDF member.  In 1988, Councillors were going to be elected, but they were not going to be elected in a democratic sense.  As the United Democratic Front we campaigned against these elections, because no democracy was reflected at all.  Our people was still behind bars, some in exile, therefore we did not want any elections to take place in South Africa.  These were the people that supported the government of apartheid.  Our campaign unfortunately was successful here at home.  This is because of our comrades were behind bars, some in exile.  The state missionaries had inflicted fear on our people.  Fear was instilled on their minds.  
There then was a meeting to prepare for the elections.  As young comrades we decided to go to the meeting to address the people, enlightening them that the meeting was not democratic at all, neither were the elections.  If there is to be democracy, our people must come back from jails.  Our people must come back from exile.  It is only then that we can have elections that are fair and free.  
After the meeting, the police formed a guard of honour from the building.  I sensed right inside of me that there is something terrible that is going to happen to me.  The people from the meeting then were all silent.  These Xoxomalite was one of the police who assaulted me.  Mbekiso Bonase was also there.  I was dragged to the police station.  They put me in a place, a dark room, for about four hours.  From that dark room, I was taken to the police station.  In the dark room, they were beating me up.  I was then detained for about three, four days.  They then laid charges on me for drunkenness, for intimidation too.  We had our own lawyers.  Roshan Dehar was one of them.  I won the case, but the police continued to harass me.  It was terrible.  
I started working at the Wimpy.  At the Wimpy I was called a terrorist.  My boss called me the one day asking me whether I was a terrorist or not.  I told him not to accuse me of being a terrorist.  He then said he does not want UDF terrorists in him work place.  We went to the manager.  The manager said I am dismissed.  I went take off my uniform.  After I finished undressing, as I was going out, there were police.  They assaulted me yet again.  They took me back to the police station.  I was detained for a further twelve days.  
Roshan yet again defended me and I was out on free bail.  This continues, even today.  I have been shot, they threw also a gun at me.  the things that I fought for, me beliefs continue.  It is unfortunate that still today, I continue to be assaulted.  
I am glad that the Truth Commission has come to Colesberg so that the hearts of our leaders can be freed.  I request that Desmond Tutu prays for Colesberg so that our hearts can be changed of hearts of stone to hearts of flesh.  We need houses.  Our standard our living needs to be elevated.  I think I have finished.  Thank you.

MS SEROKE: Thank you Zinakile.  You told us that the many times that you had been assaulted, detained until you found your own lawyer.  After all this, did you lay charges against the people who assaulted you.

ZINAKILE ASYIA: Yes, I laid a charge, a civil claim against these people.  We went to the Supreme Count in Grahamstown.  The court, the ruling of the court was for the police and against me.  That was the end of the case.

MS SEROKE: Did you have alibis and your own witnesses at the case.

ZINAKILE ASYIA: To tell you the truth, people are too scared to give evidence against the police, because they are too scared that they will be victimised after that.  By then I was seen as a cursed man.  No one then came to stand for me.  I was alone at the Supreme Court.

MS SEROKE: Do you still remember the date that your case transpired?

ZINAKILE ASYIA: I don't remember well, but I think it was in 1990, perhaps at the end of 1989 towards 1990.

MS SEROKE: This Dr de Jongh that you asked to examine you leg. What reason did he use for not wanting to examine you.

ZINAKILE ASYIA: Dr De Jongh knew  my political quite well.  This is a small place.  He knew what type of a man I was.

MS SEROKE: Thank you.  I will ask my colleagues to take over.

ADV POTGIETER: Thank you.  You said  that your mother was also detained at one stage.  Is that correct?

ZINAKILE ASYIA: Yes sir, it is so.

ADV POTGIETER: Why was she detained?