Human Rights Violation Hearings — Pretoria — 1996-08-14

DANIEL MNINDWA MABENA: It was not clear to us as to what were the reasons.  They only raided the main people within the area,
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especially the younger generation, people of my age and up to plus or minus 40, they were being raided.  There were no clear reasons as to why and on arrival at the police station they just started sjambokking us.  But I was the one who was exposed to a lot of sjambokking, because when the question was being asked as to who are your leaders, I was their only leader that day who happened to being within the group.  Some, due to their stay in Johannesburg by then, they took political asylum in Johannesburg, they were not found.

CHAIRPERSON: And then you talk about a doctor who just ignored your plea.  Do you remember his name?

DANIEL MNINDWA MABENA: It will be difficult for me at this stage to remember his name, but if I could search properly my documentations, at home, I may find something of his office. Or maybe trace through the place where we hired, because this doctor was within the complex of a certain man at Hammanskraal, so-called Rands, so it means it could be traceable through that mechanism.

CHAIRPERSON: And after this doctor had ignored you, did you go to any other doctor?

DANIEL MNINDWA MABENA: No, I went straight on Friday, the 28th to Garankuwa Hospital, accompanied by my colleague, Alfred Malemela, and the two parents, my father and my mother.

CHAIRPERSON: Thank you, I have no further questions.  Except questions from my fellow colleagues on the panel.

MR MALAN: Mr Mabena, you mention in your written statement that you made a case, instituted a civil claim.

DANIEL MNINDWA MABENA: This case where I instituted action for this torture issue, and then this matter was dealt with outside court, it was an outside court settlement as you said, but I received less than R5 000,00, outside court. I was not
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being involved in such a settlement.  Because even the attorneys were supposed to have called me in to say those people are saying they want to settle the matter outside court but they are prepared to offer so much, could we continue that way.  They did not get approval from my side. So I feel there is some cover-up even in the matter.  Because they even to date, I still suffer health consequences due to that assault.

MR MALAN: Are you telling us that your attorney, Mr Hennie Kotze of Savage Jooste & Adams settled the matter out of court, without your permission?

DANIEL MNINDWA MABENA: Yes, exactly.

MR MALAN: He didn't consult you.

DANIEL MNINDWA MABENA: I was only called to say I must come and sign for a certain cheque. I went in and then I was told the matter has been closed and this is what transpired.  I was told this has been settled outside court, they said you were not thoroughly injured and they feel they can offer
R5 000,00 to compensate, I mean R3 000,00 and something to compensate you.

MR MALAN: But with respect, Mr Mabena, if you had to still sign a document for the cheque there, then I mean, then you settled it, then you accepted it. Because I mean, if you didn't sign you would have had an opportunity to proceed.

DANIEL MNINDWA MABENA: Yes, I queried that.  It is because one at that stage was not eligible in the area when it comes to legal expertise, but to date yes, if there was such a situation, I would know exactly what to do, but by then I did not have the know-how on legal matters.  I was only told sign here, here is your cheque, and you know the type of situation sometimes we are exposed to.
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MR MALAN: The problem is I have sort of professional bunions, I am a lawyer from training and background, so if people say lawyers do things without their permission, I usually check it.  It is often not so or some misunderstanding, but I cannot believe that he would have settled it without presenting the option to you which you say you didn't understand at the end.
 Just one other question.  You say you were at some stage a freelance journalist with New Nation.

DANIEL MNINDWA MABENA: Yes.

MR MALAN: How long were you there?

DANIEL MNINDWA MABENA: I haVe been with them for more than a year.  I was actually being interviewed under the state of emergency by the then (indistinct), and by I never rested, because even on roadblocks, the police were confiscating my news articles a lot of time, and they were returning them very late and within the mass media, there are news deadlines. I cannot report about something of January in June, sometimes.

MR MALAN: I am sure that happens often. Then you also made reference to a charge for the possession of dagga, in which you paid R120,00 but you say in this case I was wrongfully charged.

DANIEL MNINDWA MABENA: Yes.

MR MALAN: Were there other cases where you would have been rightfully charged?  Is that what you are saying?

DANIEL MNINDWA MABENA: There was a stage where I was from my in-laws ...

MR MALAN: No, you don't have to answer this, I was really pulling your leg. I am not serious with that question.

DANIEL MNINDWA MABENA: No, I just want to make it a bit more clear to the general public.
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MR MALAN: Okay.

DANIEL MNINDWA MABENA: There was a stage when I was from my in-laws in Winterveld. I am married in Winterveld. So on my way between block BB and DD of Soshangove, I was getting home to Eersterus from Mogopani station.  There was a road block man there.  At that road block, what happened is that two police officials signalled a hand signal that there were too contradictory. The one signal, the first signal was that bypass, bypass, he was just signalling the driver to just bypass. And the other signal at that spot, was saying stop.  So the driver could not stop immediately due to this clashing hand signals.  And then he decided to stop at a later stage and it was a bit of a distance.  So then on arrival the policeman who is stopping me, he is shouting as to why he did not stop when he commanded him to stop, he is supposed to have stopped immediately, maybe he was hiding something.  So that man, you know, our drivers, the taxi drivers, a lot of them are not educated. And I felt I must intervene. I was sitting on the front seat, and I said no, it is perhaps because of two contradictory hand signals.  Then by saying that, I was grabbed off the taxi and then they started beating me, they were crossing of fists and then they started kicking me. I had the mechanism to fire back, because I am involved in the martial art.  But I never did anything. They took my newspapers, throw them in the bush, it was close to the bush.  They throw them away. I lost quite a number of articles even within that incident. So at a late stage they took me to the (indistinct) police station next to Mogopane police station. On arrival there as I was sitting at the charge office, nobody attending to me, they said this one with the dagga, come in. I was dragged
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to where they wanted me to and then they started writing a statement, which they said I must sign. I refused to sign.  They took me to a distance, and it was on Friday. I stayed there behind bars on Friday, Saturday, Sunday, and I appeared in court on Monday. On Monday they said R120,00 bail.  So I had no option but to pay for that bail.  Then that case continued. I did not have legal representation anyway, because I knew I never even smoked myself. Not even a cigarette, the ordinary cigarette. So I knew there would be justice. But unfortunately the Court found me guilty and they fined me R120,00.

MR MALAN: Mr Mabena ...