Amnesty Hearings — Thohoyandou — 1999-06-28

MR MEYER: Is it correct that you were arrested on other occasions as well besides this incident with regard to the Sibasa police station?

CHINOANE SIMON FARISANI: It is true but I do not know what it has to do with this application for amnesty which ...(intervention)

MR MEYER: Yes, please don't ...(intervention)

CHINOANE SIMON FARISANI: ...understood ...(indistinct) to the Sibasa bombing.

MR MEYER: The Panel will decide about the relevance, Dr Farisani.  Because you mentioned the names of other people like Makgato, Matsena I think ...(intervention)

CHINOANE SIMON FARISANI: Matsena.

MR MEYER: Matsena and Col Kruger.  Is it correct that these people were not involved with regard to the Sibasa police station attack, this was a different arrest or incident where you were involved?

CHINOANE SIMON FARISANI: I referred to those names in connection with my interrogation on 5 January 1982 and it is as certain as I sit here that those names I mentioned were involved on those processes around my torture on the said date.  Mr Matsena, including Mr Makgato and the other names I've mentioned already.

MR MEYER: All right, well, be that as it may, they are not involved in this application anyway.  All right, and then you also mentioned other methods which were used, one of which was they would, and I take it you refer to the applicants, they would use their knees and hit you in the groin with their knees, do you remember saying that?

CHINOANE SIMON FARISANI: Yes, I do.

MR MEYER: Did you also, when you said they would hit you with their knees in the groin, did that also refer to your private parts?

CHINOANE SIMON FARISANI: The groin, the knee, no, they did not knee my private parts, they kneed my groin.

MR MEYER: Okay.  May I just have a minute, Mr Chairman.  Thank you, Mr Chairman, I have nothing further.
NO FURTHER QUESTIONS BY MR MEYER

CHAIRPERSON: Thank you, Mr Meyer.  Mr Van Rensburg, do you have questions you'd like to ask the witness?

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

CHAIRPERSON: Do you have any re-examination, Ms Mtanga?

MS MTANGA: No re-examination, Chairperson, thank you.
NO RE-EXAMINATION BY MS MTANGA

CHAIRPERSON: Judge Khampepe, would you like to ask the witness any questions?

SISI KHAMPEPE: I have no questions to put to Mr Farisani.

CHAIRPERSON: Adv Bosman?

ADV BOSMAN: I have no questions, thank you, Chairman.

CHAIRPERSON: Thank you, Dr Farisani.  That then concludes your testimony.

CHINOANE SIMON FARISANI: Thank you very much, your Worship.
WITNESS EXCUSED

CHAIRPERSON: Ms Mtanga?

MS MTANGA: Thank you, Chairperson, the next witness that I will call is Rev Phoshwana.

CHAIRPERSON: What are your full names, please?

MRANGANENI PETROL PHOSHWANA: (sworn states)

CHAIRPERSON: Thank you, Reverend, Ms Mtanga.

MS MTANGA: Thank you, Chairperson.  Rev Phoshwana,  I would like to request you to confine your evidence to the methods that were used on you by the applicants and which they have denied having used, that is the applying of electrical shocks and the pulling of your hair.  And will you also give the names of the people who were involved in these methods?  Can you please answer?

MRANGANENI PETROL PHOSHWANA: Thank you very much.  I was detained on 5 January.  On that very same evening, I was given blank papers by Mr Ramaligela to write the so-called confession.  The following morning, on 6 January, Mr Ramaligela came in the company of two other police people.  And then he took me to the interrogation office and took me into the office where there was Mr Ramushwana and, then Mr Ramushwana asked whether in those papers which I was supposed to write confession, I had written the confession.  And Mr Ramaligela said 'Hy het kak geskryf.'  And then he tore that paper.
	I was taken into another office, when I entered that office the first person I ...(intervention)

CHAIRPERSON: Sorry, before you proceed, Reverend, when you say he tore the paper, did he read what was on before he tore it or did he tear it without having reference to the contents?

MRANGANENI PETROL PHOSHWANA: I took it that he read because he took those papers from my police cell so, we draw from the police cell into the office, interrogation office.

CHAIRPERSON: Yes, thank you, you may proceed.

MRANGANENI PETROL PHOSHWANA: And then when I was taken into that interrogation office, at first glance, when I entered the office, there were more than nine police people in that office.  And Mr Netshivale was one of them, and he was the first one to lay his hands on my head and pulled my hair.  The rest followed, pulling my hair, my beard and puberty hair.  And that was the beginning of the ordeal which after lunch, included even torturing me in my private parts where they attached electric devices and I remember vividly clear when Mr Ramaligela commented that 'Now we are doing this, you will no more give bags to the Communists.'

CHAIRPERSON: Sorry, who said that?  Mr Ramaligela?

MRANGANENI PETROL PHOSHWANA: Yes.

SISI KHAMPEPE: Now who amongst the people who were present during this particular torture tortured or touched you on your private parts?

MRANGANENI PETROL PHOSHWANA: I would not specifically say it's so and so because what happened is that after beating me physically, and handcuffed my hands behind my back, they put the canvas bag over my face.  But the voices I could hear were that of Mr Ramaligela and Mr Nesamari and Mr Managa.

CHAIRPERSON: So when this, we'll call it the electric shock treatment, was applied to you, did you actually have a bag over you face at that time?

MRANGANENI PETROL PHOSHWANA: Precisely.

SISI KHAMPEPE: Prior to this bag being pulled over your face, who had been in that interrogating room?

MRANGANENI PETROL PHOSHWANA: Mr Netshivale was there whom I remember vividly clear because he was the first one who laid his hands on my head and pulled my hair.

SISI KHAMPEPE: Yes?

MRANGANENI PETROL PHOSHWANA: And Mr Nesamari was also there.  The late John Managa was also there and quite a number of other including Mr Matsena.

SISI KHAMPEPE: Yes?

MRANGANENI PETROL PHOSHWANA: Mr Thakalane and Mr Makgato.

SISI KHAMPEPE: And was Mr Ramaligela there as well?

MRANGANENI PETROL PHOSHWANA: He's the one who took me into the office ...(intervention)

SISI KHAMPEPE: There?

MRANGANENI PETROL PHOSHWANA: ...interrogation office, yes.

SISI KHAMPEPE: And how soon after some hair had been pulled out of your body was this bag pulled over your head?

MRANGANENI PETROL PHOSHWANA: It was after I'd been order to do some press ups, frog jumping which Mr Ramaligela admitted and demonstrated at Tzaneen and also made to sit on an imaginary chair and stand on the wall with my head down.  I can't remember exactly how soon but it was after those, what were called preliminary warm-ups.

SISI KHAMPEPE: So, it was a continuous chain of events?

MRANGANENI PETROL PHOSHWANA: Precisely.

SISI KHAMPEPE: Thank you.  You may ...(intervention)

MRANGANENI PETROL PHOSHWANA: Because I was tortured for three days.

SISI KHAMPEPE: Yes, you may continue, Ms Mtanga.

MS MTANGA: Rev Phoshwana, what injuries did you suffer as a result of these methods applied on you?

MRANGANENI PETROL PHOSHWANA: Thank you.  I had 25 scars all over my body including the tip of my penis and the testicles which I showed the doctor at Chilitsini and then also I injured my hands with the handcuffs, the scars which are still visible, even now ...(intervention)

CHAIRPERSON: Your hands or your wrists?  Your wrists?

MRANGANENI PETROL PHOSHWANA: The wrists, yes.  And all these 25 scars were noted by doctor at Chilitsini.

MS MTANGA: You have heard the evidence ...(intervention)

CHAIRPERSON: Did you have to - sorry Ms Mtanga, if I may while you're still on this point, were you confined to hospital at all?  For treatment?

MRANGANENI PETROL PHOSHWANA: No. No.