Human Rights Violation Hearings — Kimberley — 1996-06-11

ADV POTGIETER: Did you hear anything further about the charges that you made against the police that assaulted you?

DAVID MABEKA: I've never heard anything.

ADV POTGIETER: You said that you saw a doctor and you made your - the complaint to that doctor.  You told that doctor that you were assaulted.  You say that you were taken to a house. Can you still remember the doctors surname perhaps or anything about him?

DAVID MABEKA: No, I don't remember anything.  The only thing that I know is that we were taken to a white house very close to the Transvaal Road Police Station.  It's a house with rooms nobody stays there.  That's the place where we met the doctor.

ADV POTGIETER: The policeman you referred to as Double Ice or Double Eyes, do you know what his real name is or his surname?

DAVID MABEKA: I know him perfectly well, he stays at Barkley West.  He's now a detective at Barkley West.  Double Eyes was just his nickname, we knew him as Double Eyes.

ADV POTGIETER: Could - what is there that you feel that the Commission can do for you to be of some assistance?

DAVID MABEKA: The life that I'm leading now, is a bit difficult - I cannot cope because of this Double Eyes and Rosa and their friend.  I don't know why should I live with this pains knowing that I was defenceless.
The first thing that I request from the Commission is to meet Double Eyes, I want to meet him.  I want to meet Rosa and their third friend.  I need them to explain to me as they've put me in this pain, what should I do so that I can survive, so that I can make life easy for myself.  I want them to come and tell me - they caused me a lot of pain.

ADV POTGIETER: [indistinct] hand back to the Chairperson.

YASMINE SOOKA: David I just want to ask you three questions so that I just can have some clarity.  At the time when the police beat you, did they beat you on your head or did they beat you directly on your ear.  Can you still remember that?

DAVID MABEKA: I think it - it was their tendency, it was something they used to do.  You'd find that most of the comrades get their injuries on their heads, on their ears and on their faces.  Now as they were assaulting me they were aiming - they were targeting my head.  It was their intention to destroy my ears.

YASMINE SOOKA: You've mentioned that you asked to see a doctor and you were taken to the doctor.  When the doctor made his report because you tell us that Rosa threatened you because you had brought a case against him.  Was the doctor's report about the damage to your ears?

DAVID MABEKA: The doctor took the case and I never came to know what happened.  I only realised that there was a case laid against them when Rosa came to me to tell me that I should drop  the charges.

YASMINE SOOKA: You mentioned that your friend James Morake was picked up with you.  Was he with you when you were being beaten up?

DAVID MABEKA: At the beginning I said they took him to the other room where they assaulted him and they assaulted me in the next room.  The only time when we were assaulted together was when they came back from the township - when they told us that our  comrades threw stones at them.

YASMINE SOOKA: One more question - you mentioned that when you went to Johannesburg a specialist treated you for your ears.  Could you tell me what he said was wrong with your ear?

DAVID MABEKA: The specialist said there is nothing wrong with my ear and I asked him how was that possible because I couldn't hear anything.  And he said to me your ear is clean - I don't see anything wrong with your ear.

YASMINE SOOKA: You still could not hear properly in the one ear?

DAVID MABEKA: As I'm sitting here I only use my right ear.

YASMINE SOOKA: Thank you, I'm going to ask the other Commissioners if they want to 
ask you any questions.

ADV NTSEBEZA: David I just want to know again - in 1986 were there any legal advise  centres in Kimberley and Beaufort and in Barkley West - do you know?

DAVID MABEKA: I didn't understand the question quite well.

ADV NTSEBEZA: Were there any advise centres in other words places where you could go and seek advise about your rights - like for instance where you could have gone and said whilst I was in detention I was assaulted by the police.  I was detained for no reason and I would like to sue the police, can you assist me because I have no money.  Did you - were there any centres like that in Barkley West or in Kimberley for that matter or were you aware that you could go to such places?

DAVID MABEKA: Such places were available but I didn't have any information.  That is why most of the time I would come down to Kimberley to meet other comrades if there was a campaign that we have to do.  During those time things were not happening as easy as they happen now.  And there were no comrades that a person would reach out very easily so that they would help us with the relevant information.

ADV NTSEBEZA: [indistinct] the lawyers - black or white in the area to assist you with a  claim against the police or was it also not easy in those days to approach any lawyers to assist you with those sort of things?

DAVID MABEKA: It was difficult because I didn't have money and I didn't have any information of where can I get help.

ADV NTSEBEZA: Lastly can I conclude then from your answers that you never referred any civil claims to sue and claim money for damages for your ears and for the assault and for the wrongful detention that you underwent in those days?

DAVID MABEKA: Since I have  pains that destroyed my life, I'm just going to ask the Commission - I want to see myself completing my studies, working for my mother.  And I would like to get help as to whether can this problem of my ear be solved.

ADV NTSEBEZA: Commissioner Sooka has indicated previously and  I'm sure she'll indicate to you again.  The Commission will do whatever is possible to assist you but I just wondered as a matter of fact  to establish whether you have not in the past instituted civil action to claim money from the police who assaulted you.  Or from the Minister who was in charge of the police at that time in 1986?

DAVID MABEKA: No, I didn't do that.  When I was released I didn't go to any lawyer.

YASMINE SOOKA: David we want to thank you for coming forward and giving your evidence.  We are very-very conscious of the fact that our young people have paid a terrible price for freedom in this country.  The previous witness lost an eye,  you have lost the hearing - your hearing in your one ear but to despite all of that you have managed to complete matric and indeed you can be said to be a survivor of the struggle that our country has gone through.  
 We hope that we can assist - we have heard your request that you meet with these policemen so that at least you can find out why they did what they did.  We are also conscious of the fact that many of them remain in positions of power and that is part of the price that our country has to pay.  We hope that we can help you and we thank you for having come forward today.  Thank you for your evidence.
 Could we please rise while the witnesses leave.  We will now break for tea.