Human Rights Violation Hearings — Kimberley — 1996-06-10

COMPLAINANT MARY-JANE THEMBILE MABIJA: I was Phakamile Mabija's cousin.  Some time before his death on 7th July 1977 the police were looking for him because they suspected that he was politically active.  In June 1977 they arrested him for stone throwing at the Recreation Centre in Thulana Street, Galeshewe.  He was with other members of various youth organisations.
 During his detention at Transvaal Road police station he was taken to various friend's homes.  The police were looking for documents.  They went to the home of Juliana Shirping - a colleague of mine and Phakamile's.
 Juliana sent for me and asked me to bring some boys to  her house.  She wanted them to move a wardrobe out of the way and take Phakamile's documents out.  After a while she sent these documents to me.  There were documents/information about police organisations.  I got scared and took them to his parents home.  We then realised that Phakamile was politically active.
 On 7th July 1977 I heard that Phakamile was dead.  My cousins can tell you more.  See CT/00635 and CT/00135.

<UNKNOWN>: Phakamile Mabija was detained on 27th June 1977 after an incident when buses were stoned by commuters during a bus boycott in Kimberley.
 He died in detention on 7th July 1977.  The finding of the inquest wat that he died of multiple injuries following a jump from the 6th floor window at Transvaal Road police station in Kimberley.  He allegedly broke loose from the police escort from the toilet and plunged to his death.
WHAT ARE YOUR EXPECTATIONS OF THE TRC?
Find who  killed our brother and get an explanation for killing him.

<UNKNOWN>: Phakamile Mabija lived in Vergenoeg, 1038 Mintzi Street.  He was the church warden of the Galeshewe parish of St James, and a full-time youth worker for the Anglican church.  Politically he was a affiliated to the ANC.

<UNKNOWN>: Phakamile Mabija was detained on 27th June 1977 after an incident, when busses were stoned by African and Coloured commuters during a bus boycott in Kimberley.  Phakamile was due to appear in court on 8th July 1977 under charges  - under the Riot's Assemblies Act.
 Phakamile died in detention on 7th July 1977, the day before his scheduled court hearing.  He plunged from the 6th floor of Transvaal Road police station in Kimberley.

INQUEST: An inquest into the death was held in August until September 1977.  The verdict was that Mabija died of multiple injuries following a jump from the 6th floor window.  Nobody was found responsible for the  death.  The Magistrate was JH Booysen, his assessor was Professor JA Oliver.

<UNKNOWN>: According to the Police the detainee committed suicide.  Colonel JD du Plessis, then Chief of the Kimberley Security Police, explained at the inquest that normally all windows are locked.  On that particular day he and a Mr Van der Merwe had opened a window in Van der Merwe's office to allow fresh air in.  Sergeant Oscar Ntsiko explained that he escorted the detainee from the toilet, when Mabija suddenly broke loose and ran into Van der Merwe's office.  He rushed after him, only to see the detainee crash through the window.   Du Plessis and Van der Merwe were in the office at the time.  The Head of the Security Police in the Northern Cape read from an alleged ANC pamphlet that urged detainees to commit suicide.  Lieutenant CHE van Wyk told the Court that he had instructed Sergeant Ntsiko and Constable MG Matsheka to take Mr Mabija home to fetch a document.
 The deceased's mother Dora Mabija told the inquest court that during his detention her son was taken back home to look for a document.  When this was not found a white detective had said to her son, say goodbye to your family, you will not see them again, Colonel Du Plessis disputed this statement.
 The district surgeon Dr TC Robertson identified a fractured skull as a cause of death.  In addition the independent pathologist, Dr BA Mahler, said Mabija had cuts on his face, hands and liver.  The cuts on his hands could have been caused by  clutching glass.  Lacerations of the liver could have been caused by assault.

LAWYERS: Mabija family Jack Unterhalter, SC instructed by 
Robert Sobukwe.
Commissioner of Police   CF van der Heever, instructed by 
Deputy State Attorney.

OTHER POSSIBLE CONTACTS: The very reverend Tom Stanage, vicar-general of the diocese of Kimberley and Kuruman.
Canon RA Kraft, director of Education of the Anglican Church.

ALLEGED PERPETRATORS: Many allegations of torture involve Transvaal Road police station.  Accused and witnesses of the Kimberley Terrorism Trial 1982-83 were mainly held at this police station.  They reported several incidents of torture to the Court.  Cases involving the alleged tortures of  Phaki are as follows
Moetie Diseko [21] [460 Malata Street, no 2 Galeshewe] told the Court about being tortured and said that he often heard people crying out in pain in adjoining rooms at the Transvaal Road police station - [Diamond Fields Advertiser, 5th August 1982]Benjamin Lesego Swarts [20] was allegedly assaulted by  six men, including Warrant Officers Du Plessis, Van der Colff and Topkins.  Mr Van der Heever, Captain Van Wyk and Kiewiet [Diamond Fields Advertiser, 10th August 1982]Mr Luthando Charlie [from Vergenoeg]] was collected by Captain C van Wyk, Sergeant Du Plessis, and a Van der Merwe and later assaulted.  Captain Van Wyk threatened to re-arrest him if he revealed anything that happened to him.
Hope Thsepo Chiwa [21] [3148 Matanzima Street, Vergenoeg] told the Court that while he was questioned he heard screaming - sounding like Joey Kers - on the 6th floor of the Transvaal Road police station.  On 10th or 11th February 1980[?] Chiwa himself was allegedly assaulted by Captain Van Wyk, Du Plessis and Kiewiet van Heerden [Diamond Fields Advertiser 17th - 19th August 1982]Mr Lucky Daniel Goalathwe Mokubung [19] [1962 Mandi Road, Galeshewe] told the Court that during questioning by the Security Police he was assaulted by amongst others Captain Van Wyk.Newspaper articles reporting on the Terrorism Trial refer to a Sergeant and a Warrant Officer Du Plessis.  Sources about Phakamile Mabija refer to a Colonel Du Plessis.  It needs to be established whether this is the same person.