Amnesty Hearings — Thohoyandou — 1999-06-28

MS MTANGA: Yes, his name also on page 72, at the bottom.

SISI KHAMPEPE: Is he also involved in those who are arrested in connection with the bombing of Sibasa police station?

MS MTANGA: Chairperson, I've not met with him so I don't know what his position is.

CHAIRPERSON: Yes, can I ask a question?

MS MTANGA: Mr Netshivale, under what circumstances was Mr Cavella tortured by you, because he has indicated that he was also one of the people you personally tortured.

AZWIFARWI CARLSON NETSHIVALE: His name is was mentioned because there was a time in which he was taken to the office for assault.  I don't think it had anything to do with the bombing of the police station.

MS MTANGA: Are you also seeking amnesty in respect of the assault that you carried out on him?

SISI KHAMPEPE: No, Ms Mtanga.

AZWIFARWI CARLSON NETSHIVALE: Yes.  He doesn't seem to have been involved in the bombing of the police station.

MS MTANGA: Okay, thank you, Mr Chairperson.

SISI KHAMPEPE: Whilst we're on this issue, Ms Mtanga ...(end of side A of tape)
... and Miranseni amongst others, were implicated.  Were Section 19.4 notices served?

MS MTANGA: Chairperson, I don't have 72(a) on my bundle.

CHAIRPERSON: I think Judge Khampepe is privileged, neither does Adv Bosman or myself have 72(a).

SISI KHAMPEPE: Mr van Rensburg, who afforded me this privilege?  I seem to be the only one privileged with this information.

MR VAN RENSBURG: Thank you, Chair.  ...(intervention)

SISI KHAMPEPE: Were these not documents that were given during our sitting in Tzaneen?

MR VAN RENSBURG: Ja, that is correct.  I can confirm.  You can see page 72 is the same one as included in the bundle, but the affidavit is incomplete.

SISI KHAMPEPE: Is incomplete.

MR VAN RENSBURG: And therefore I requested it to be added as well.

SISI KHAMPEPE: Yes, yes.  And did you also afford Ms Mtanga a copy of the documents that you gave us?

MR VAN RENSBURG: It was in fact received through her office and faxed from Cape Town if I remember correctly.

SISI KHAMPEPE: I would imagine, because I think what seemed to have been a problem ...(indistinct) is that the affidavit as included in our bundle, was incomplete, it did not include the 2nd and the third page of the affidavit.

MR VAN RENSBURG: That is correct.

SISI KHAMPEPE: And these two documents came from our office, so they were not actually given by you at our last sitting?  It is a document that Ms Mtanga should be having in her possession.

MR VAN RENSBURG: Yes, after I started consulting with the applicant I noticed that there's two pages missing from the bundle.  Page 72(a) and 72(b) represent those two missing pages.

SISI KHAMPEPE: Yes.  Ms Mtanga, in the event that they have not been notified, could you also proceed to make sure that they are then notified in terms of Section ...(indistinct)?

MS MTANGA: I will do so, Chairperson.

SISI KHAMPEPE: Thank you.

CHAIRPERSON: Are there any questions arising out of what Ms Mtanga has raised now?

MR MEYER: No questions, thank you, Mr Chairman.
NO QUESTIONS BY MR MEYER

MR VAN RENSBURG: No questions, thank you, Mr Chairperson.
NO QUESTIONS BY MR MEYER

CHAIRPERSON: That then concludes the testimony of Mr Netshivale.  Thank you, Mr Netshivale, you may stand down now.  Mr Van Rensburg?  Mr Van Rensburg, are you calling any further witnesses?
WITNESS EXCUSED

MR VAN RENSBURG: No further witnesses will be called, thank you.

CHAIRPERSON: Does that then conclude the cases of the applicants, of all the applicants?

MR MEYER: Indeed so, Mr Chairman.

MR VAN RENSBURG: Yes, I confirm.

CHAIRPERSON: Ms Mtanga?

MS MTANGA: Chairperson, I would like to call Doctor Farisani as a witness.

CHAIRPERSON: Yes, certainly.  Will he be testifying from where he's sitting at the moment?

MS MTANGA: I think that should be the position, Chairperson.

CHAIRPERSON: Could we please have your full names?

CHINOANE SIMON FARISANI: (sworn states)

CHAIRPERSON: Thank you very much, Ms Mtanga.

MS MTANGA: Dr Farisani, you've heard the evidence of all the five applicants and, I would like you to put evidence before this Committee on the electrical shocks that were applied to you, specifically the electrical shocks that were applied on your private parts and all the assaults that were carried on you on your private parts by the applicants.

CHINOANE SIMON FARISANI: On 23 November 1981, at Masisi police station, Mr Ramaligela came accompanied by at least two other people.  One of those was a woman whose name I do not know and another was a so-called terrorist whose name I do not even know till today and I think there was another police - Security Police person.  Mr Ramaligela interrogated me in the station commander's office.  And when he became unsatisfied with my verbal statement, he threatened me in several ways.  He said he's aware that I would have preached a dangerous sermon at Chipiwa's funeral if I had not been detained.  But another thing he said was that he would go beyond all the torture methods used on me previously in my earlier detentions by crushing my private parts to entertain the woman who was travelling with him.  This he did not disclose to you, your Worship.  On 25 November, same year ...(intervention)

MS MTANGA: Dr Farisani, I may just interfere, did Mr Ramaligela actually do something to crush your private parts?

CHINOANE SIMON FARISANI: Yes, on 4 January 1982 and 5 January 1982, respectively at Masisi and Sibasa ...(indistinct) torture centre, he tried hard to achieve that goal.  On the 4th, amongst other torture methods, he and Managa and Rambuda forced me on my back and forced me to raise my legs and Ramaligela personally jumped on my private parts.  He made it clear he wanted to crush my manhood once and for all.  Further attempts were to no avail because every time he jumped I rolled.  On 5 January, the electric shocks started with the earlobes, they moved to the toes and to the thighs and ultimately to my private parts.  I did show the electric marks on my private parts to several people.  Former magistrate Samuel Makige and Chandama did see that, the doctors at Chilitsini Hospital, I did show them the electric shock marks, especially on my testicles.  I did report this to the International Red Cross team that visited me at the hospital.  I did report this, amongst others to the then attorney-general.  And when I laid charges against the Security Police while in hospital, I did mention amongst others this assault on my private parts.  Throughout my life, since that experience, I did not fail to mention this atrocious attack.  Your Worship, in my three books, especially in this one I have here, 'Diary From a South African Prison' written for the first time in 1985 in German, and later, '87, in English, I describe all the tortures.  The Security Police note themselves they did interrogate me why I did write this book.  So, in conclusion, to cut a long story short, it is the most painful, atrocious lie and a very serious conspiracy among the Security Police to deny their deliberate focus on private parts as one of the most effective ways of achieving whatever intended goals they had.  My story would rest here on the story of private parts.

MS MTANGA: Dr Farisani, just one question.  On the methods of torture that were carried out on you, what would you regard as the most excruciating one?

CHAIRPERSON: We're talking about in relation to this incidence.

MS MTANGA: Sibasa incidence.

CHAIRPERSON: The Sibasa ...(intervention)

MS MTANGA: In relation to the tortures carried out on you.

CHAIRPERSON: ...- the detention, your detention following the Sibasa incidence, the police station incidence.

CHINOANE SIMON FARISANI: In humility, your Worship, I will address only that.  I did testify before the Human Rights Violations Committee.

CHAIRPERSON: Yes, we do have a transcript of that testimony before us.