Human Rights Violation Hearings — George — 1996-06-19

MAPULE RAMASHALA: Are you all right Mr Mthamzeli.

MR MTHAMZELI: Ja I am all right.

MAPULE RAMASHALA: Okay.
GAMA MTHAMZELI Duly sworn states

MAPULE RAMASHALA: Chairperson I have been assigned the task of facilitating evidence this case involves the arrest and torture of Mr Gama Mthamzeli at Mossel Bay police station on or about June 17th 1985.  I will ask Mr Mthamzeli to tell this in his own words, giving as much detail as is possible so  that we can understand what happened.  Could you proceed please Mr Mthamzeli.

MR MTHAMZELI: It was 1985, I was at school then, I was still in primary school doing Std 6.  I was 15 years old.  Policemen came at the school premises, there were three of them, they were seemed to be detectives.  They said I am in need in the police station.  They tried to hunt me at school, I had to flee - they took me to the police station.  When we arrived there, I said nothing, they just put me into a separate room, there was a Coloured, I saw his name Captain  - Gerhard Maritz - there was Captain Gerhard Maritz and Captain Jordaan.
 They kicked me - after they kicked me asking me to say who burnt down the rent office in Nonqaba.  I told them I don't know who did that, they said I was also involved in that situation so I must tell the truth - they keep on kicking me - beating me with their guns.  They said they saw that I am not saying the truth, they took my testicles and my penis - they put them into a drawer, Maritz it was Maritz he put them into a drawer.  The Captain stood there in silence, I was 15 years then.  They pushed the drawer inside with my testicles and my penis.
 After that I had to cry because it was painful they said I must tell the truth, I told them there is nothing I know.  They went out, leaving me alone in the room, they came back again and they said no - we been just accusing me.  The other member who were also with you, they knew everything so you were also involved.
 I told them that I know nothing about their telling me, if you want the truth just - just bring those people to me and you ask us with them.  We had - I need the co-accused to come so that we can negotiate, even then they couldn't - they kept on beating me and they put me into a cell.
 I was not sent to a doctor because I was still very young to be beaten up that way.  The way I was beaten was not right for a very young child -  boy.  The way policeman beat me up, it was not a nice thing to one who was watching if that person is already an adult.  I stayed detained for 14 days - they took me to the Magistrate Court and I was put in remand.  They said I  can - they released me, I couldn't even write the June examinations.  I was behind at school because my - my mind was concentrating on this thing, these people who are were assaulting me, I couldn't manage to go back.
 My mother was a high blood patient, my father had sugar diabetes, now that my parents were sick, they were sickly and they were very old.  I was there last born and I am still their last born.  They said to me the school is your priority and it's the best future for them, you must go to school and leave the rest.
 I couldn't afford to go to school because of the assaults, they were accusing me of something I didn't do, some things like public violence at the age of 15.  While my parents were so sickly the policemen use to come at home, but they couldn't find me because I was a soccer player, I use to go out with - with the team when we are going to play out.  They throw stones on top of the dak.  On - on top of the roof and they - my parents tried to open the stone fell on the bed, on their pillows.  I imagined what if the stone fell on one of their heads, that person would have died.
 So they said I must go to school even if they did arrest me they will come and tell me as your parents.  I was - I was sentences to be beaten seven lashes, because I was very young to be kept in a cell.  They couldn't take me to a doctor to be examined to see whether am I fit to take the sentence.  Even the doctor who came to me because at that time I was a fit young boy and then he said no this one can go  for a sentence.  Those doctors - that doctor was a State doctor - that was the time of the apartheid.
I tried not to go to school when I  come back there, because my brothers were sick and my sisters got married and they are looking after  their families.  The one who was in Lesotho in Maseru, the sister next to me, when she heard about this, she decided to come back - lost his husband - her husband to give support to the family.  Because her husband couldn't take the wife, the wife who was living in her home, so she decided to lose her marriage and her husband to come and look after her parents.
 As I am talking to you now, my father has got one leg and they amputated his leg,  that was during the time when the boers use come inside their house, a wardrobe fell on his leg, and the leg was swollen as he was a diabetic, so they decided to amputate - they  first amputated three toes, as the time goes on, they could see during the '90's that his leg was nog okay, so they decided to amputate before it affected the whole body, because he was a diabetic and my father had pains.
 He can't stand pain, he was - he is very old, he can tolerate any pain.  While my father was in hospital on the amputation of his leg,  my mother also fell sick because of what was happening to me.  Her pressure has risen up, I usually  go to court without my parents and I was still very young at the age of 15.  I was born in 1969 on the 16th of July.  I couldn't go to the court with my parents, I had to take my aunt with me, because my sisters were also not there.
 So my aunt gave me the support because my father was also in hospital.  She died of heart attack.  After hearing what was happening to me, she died of heart attack, that's how I loose my mother.  
 In 1986 I was a part-time worker, there was a project in the location there was a white guy whom we use to call Oubaas, we were working under this guy, he was our employer, I was not at school then.  I wanted to support my family because we were studying, I was trying my best, so that we can have shelter, I can supply food to my family.  If everything went well I wanted to go back to school, so I tried my best to work.
 A friend of mine came in, he stays here in George, his name is Dangiso Dagole, he told me they call me G.  He told me that a State of Emergency has been declared so you - you won't be lucky.  I think he won't survive, and he said how come because I am too young and I am no longer a student.  I am working and he told me that's why I am here, I also escaped from those - from that situation because there is no where else to hide.
 I told him that I also had nowhere else to hide, so I advise you go  to my employer and ask for a job up until the State of Emergency is over.  And then you can go back home to George.
 On the 16th of June Maritz came to me with my uncle Michael James, they took me there, I was at work, they beat me with the back of the gun and they also take Dangiso, we were taken and be beaten.  I was sent to the prison in Mossel Bay.  I was also beaten there, even my ears are still sore.  We were beaten there like anything and we were thrown into a van and it was very cold, because it was winter.  They took us to George.
 We were detained there in George, some stayed there for three months, others for two months, I for one, I couldn't get out because they said they were still searching, they wanted more evidence about me.  If I didn't get any influence with the students.  I stayed there for a long time and I was released on the 6th of November.  That's how my story goes so far.

MAPULE RAMASHALA: Did you say that Michael James was your uncle?

MR MTHAMZELI: Yes he is my uncle.

MAPULE RAMASHALA: He was part of the group of policemen who arrested you?