Human Rights Violation Hearings — Nelspruit — 1996-09-03

PHINDILE MAVIS NQOBE: No it wasn't one person, it was about four or five people.

MS MHKIZE: To clarify the matter further, you said to us on your arrival at the hospital, one soldier said that you
should be buried alive. Can you tell us exactly, why did he say that?

PHINDILE MAVIS NQOBE: Actually at that time, those people who were shot, they did not agree that they should be admitted to the NELSPRUIT  HEARING TRC/MPUMALANGA
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hospital.  They said we should be buried alive and the sisters actually in charge, did hear that.

MS MHKIZE: The other thing which I would like you to explain to us is what you have just mentioned to us is that the sister in charge, didn't she give you any assistance in the hospital in order to do whatever is in their rights, more especially to patients?  Can you explain to us what happened, what you heard from the sister and from the soldiers, the discussion that took place there.

PHINDILE MAVIS NQOBE: The sisters could not assist us because it was announced that they should not assist us.

MS MHKIZE: The other thing which you said earlier in your statement, you said that you were actually tortured. Can you tell us, since we have started here we heard many people saying that they were tortured and it's not very clear to us.  Can you explain to us the type of torturing you suffered?

PHINDILE MAVIS NQOBE: What they did to me while I was in jail, they were questioning us.  If we didn't answer them we got beaten.  With us girls, we were just slapped.

MS MHKIZE: If you say torturing, you are referring to being slapped.  What other thing was done to you which you can regard as being torture?

PHINDILE MAVIS NQOBE: I used not to get food regularly.  The only food which I got was coming from my parents.

MS MHKIZE: I thank you.  I'll ask now the chairperson to continue.

CHAIRPERSON: Ms Sooka?

YASMINE SOOKA: Phindile I'm just going to ask you a few questions.  Have you suffered any lasting effects after the shooting?
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PHINDILE MAVIS NQOBE: Yes, up to now, my knee is not functioning  properly. I cannot sit for a long time, I feel as if these ribs of mine are just bulging out.

YASMINE SOOKA: Do you receive any treatment for that.

PHINDILE MAVIS NQOBE: Sometimes yes, but in most cases I was being attended by Dr Bobbit from Barbeton.

YASMINE SOOKA: Did you finish school?

PHINDILE MAVIS NQOBE: Yes I finished school.

YASMINE SOOKA: Are you employed?

PHINDILE MAVIS NQOBE: No I'm unemployed.

YASMINE SOOKA: Who pays for medical treatment?

PHINDILE MAVIS NQOBE: My father.

YASMINE SOOKA: Does he support you as well?

PHINDILE MAVIS NQOBE: Yes.

YASMINE SOOKA: Are you able to identify he members of this gang Cabasa?

PHINDILE MAVIS NQOBE: No it's not easy for me, I cannot.

YASMINE SOOKA: But you know them?

PHINDILE MAVIS NQOBE: Yes I heard of some of them.

YASMINE SOOKA: What is it that you are asking the Commission to do for you?

PHINDILE MAVIS NQOBE: I want that I should be paid so that I can be in a position to pay whatever costs if I have to turn to the doctor because now if I feel some pain I cannot attend a doctor and, as I'm saying now, they wanted to remove the knee cap but they cannot do that because I don't have the
funds.

YASMINE SOOKA: Did your father at any stage lay a charge against the police who shot you and did he ever instruct any lawyer to bring a claim on your behalf?

PHINDILE MAVIS NQOBE: No he didn't because he was saying that as I'm NELSPRUIT  HEARING TRC/MPUMALANGA
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now afraid from jail there is nothing that can be done.

YASMINE SOOKA: One more question, right at the beginning of your statement, you say that you did not want to go with the comrades and you were fact forced to accompany them. Was that a normal practice in the township that you were forced into joining in the process even if you didn't want to go?

PHINDILE MAVIS NQOBE: Yes they were doing that, they were forcing people and when they arrived at your home, they would call out, "Comrade, come out, let's go".

YASMINE SOOKA: Thank you. Phindile, just before I refer you to the chairperson, can you explain to us when you were released, what actually did you come across? How were you affected in your life?  Where do you see yourself now in the next few years to come?

PHINDILE MAVIS NQOBE: I don't understand clearly the question.

YASMINE SOOKA: After your release from jail, what did you do thereafter?

PHINDILE MAVIS NQOBE: There is nothing that I did.  I'm still very much hurt, the reason why was I jailed, because I was jailed without any reason.

YASMINE SOOKA: Maybe if you think now, even if you discuss with your friends, what should be done, more especially amongst the community in order to cleanse your name? More especially those people who were affected and were jailed and were labelled as prisoners and they've done nothing?

PHINDILE MAVIS NQOBE: I'd say, those actually who did the wrong to us, should come to us and ask for forgiveness.

YASMINE SOOKA: If you say now, you are now bad people or you are perceived to be bad people and you realise that people that were sort of victimised like yourselves, and today they are heros because through that, South Africa has now
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reached the stage where it is now, where everyone is free.

PHINDILE MAVIS NQOBE: I request that you repeat the question.

YASMINE SOOKA: I'm trying to say this, even today, now that
we have this Commission, do you still regard yourself as a person who was actually wronged and you were victimised but you can come up boldly and say, you were a hero?

PHINDILE MAVIS NQOBE: I don't see myself as a very bad person.

CHAIRPERSON: We've asked you lots of questions. I just have one final question if you don't mind. You told us that you were injured, you were shot and you were taken to the hospital and instead of being treated you were followed by the police and they took you to the prison and you were there for fourteen days. Now you say in your statement that during those 14 days you received no medical treatment, that you stayed in your clothes which were blood stained because you were bleeding from the ribs and from the knee.  I want you to think very hard. Did no doctor that worked in the prison, did nobody come to see you during those 14 days at all?

PHINDILE MAVIS NQOBE: No doctor. Not a single doctor. I happened to consult a doctor after my release from jail.

CHAIRPERSON: Did you ask for medical help while you were in jail at all or was that impossible?

PHINDILE MAVIS NQOBE: No I did not even ask because I was afraid.

CHAIRPERSON: Thank you very much.  You were fifteen when this happened to you, is that right?

PHINDILE MAVIS NQOBE: Yes.

CHAIRPERSON: So ten years have gone, and I wasn't sure when Ms Sooka asked you what you were doing. Did you say you were unemployed or are you ...(indistinct).

PHINDILE MAVIS NQOBE: Yes I'm unemployed.
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CHAIRPERSON: And if you could, if it was possible to work, what would you like to do?

PHINDILE MAVIS NQOBE: Myself, I wanted to be a nurse.

CHAIRPERSON: Is it still possible for you to apply to study to be a nurse or is it impossible now?

PHINDILE MAVIS NQOBE: No I think I can still make it.