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

CASE NO: CT/00135

SHIRLEY MABIJA: HENRieTTA

DR BORAINE: Chairperson, the first witnesses that we call before the first hearings in the Northern Cape are the following and I will ask them to please come and take their place at the witness table in front of me.  Sylvia Mabija, Shirley Mabija, Thembi Mabija and Henrietta Manzana, if you'd please come forward.  
I would like to welcome you very warmly on behalf of the Chairperson and the Commission and first of all I would like to suggest that if you are going to need these earphones if you'd please put them on now.   Are you going to be testifying in English or in Tswana or Xhosa.   Then  I'd be grateful if you'd please put the earphones on.  I'd be grateful if you would - first of all can you hear me all right on the earphones,  you can - you can hear the Xhosa,  right thank you very much indeed.  
I'm going to ask you please to identify yourselves because there're quite a few of you here which is unusual.  So perhaps if you wouldn't mind my just calling out you names and you can tell me if that is who you are
Sylvia Mabija - thank you very much.
Shirley Mabija - thank you.
Thembi Mabija - Thembi is not here?
And Henrietta Manzana - thank you very much indeed.
 Now we are going to be discussing and looking at - and hearing stories about Phakamile Mabija.   Before I ask you to tell that story which goes back to 20 - almost 20 years ago now,  I'm going to ask you to take the oath which we have to ask all witnesses.
Now the way we're going to do that is the following, I'm going to ask you a question and I'm going to ask you - it together and if you are able to answer  that question your response is   So help me God.  So if you would please all stand, now I'm going to ask you.
SYLVIA MABIJA Duly sworn states
SHIRLEY MABIJA Duly sworn states
HENRIeTTA MANZANA Duly sworn states

DR BORAINE: Thank you very much, please be seated.   Now I'm going to ask if you'll please put that light off on that - fine and only put it on when the person is speaking, it helps with the communication.  
You are the very first witnesses and I'm quite sure that you are nerves.  If you were not nerves you should be nerves.  You have a story to tell it  happened a very long time ago,  it will bring back many memories and you will  feel a great deal of pain.  Because those memories are very sad ones and one which caused you great misery a long time ago and you will be looking again to what happened.  
 And I want you to feel very relaxed - you are amongst friends.  For the first time perhaps in your life you have an opportunity to talk to an official Commission appointed by the President of the country and to tell us - to tell this audience and to tell South Africa and indeed the world what happened and what is in your hearts.
I'm going to ask you to be quite brief but at the same time it is your story and we want you to tell it in your own way.  From time to time we'll be asking different Commissioners to assist in the telling of those stories but nothing more than that.  On this occasion I will be doing that on your behalf.  And first I'm going to call Sylvia Mabija and I would like you to tell us perhaps something about the Mabija family and then tell us what happened on that day on the 7th of June in 1977 concerning your brother.

MS MABIJA: On the 7th of June the police came, there were two policemen and they got inside the house.  So we were all sitting in the house in the lounge.  So they came in with Phaki and Phaki was dry and looked terrible  as a result of being beaten up by the police.  So this police the lifted up the carpet and after that they went into the bedroom and they searched.  I didn't see them coming out with anything and then after that they went outside with him at the gate.  And then as they were going out by the gate they then turned back into the house again and they said him "gaan groet jou mense want jy sal nie vir hulle weer sien nie."  So  we were surprised and shocked about this statement but anyway we sat down and talked among ourselves.  It was not long afterwards then I just took my cousin half way as she was leaving because she was with us and we just heard while we were on our way that Phakamile is dead.  When I heard that it was a horrible thing to hear and it even became difficult for me to hear this and this was the most painful experience and I don't  even know how I got home.

DR BORAINE: Thank you very much - take you back -  could you switch that one off please,  thank you very much.  You have told us about the day when the police brought Phaki back to the house and the day he died.  Can you tell the Commission about the day on which he was arrested or was detained by the police which happened a little earlier?
MS

MABIJA: I think it was thirteen days because he was suppose to appear the 8th and they brought him the 7th because he was suppose to appear the 8th.  The day he was arrested it was very early it was two o'clock or three o' clock I'm not sure about the time but they came to knock hard on the door and on the window.  Phaki was sleeping in the front room with his brother Themba so when he woke up we opened the door and they said they were policemen they came in when they were inside they wanted Phaki and he showed himself.  So they got inside the house and they looked around everywhere and they started searching the house.  And they turned everything in the house upside down and they left the house like that.  So they left with him.

DR BORAINE: Thank you very much, could you just tell me how long was it that he was detained before they brought him back to search the house.

MS MABIJA: I think it was thirteen days before, they brought him on the 7th instead of the 8th because it was that fourteen that the police just arrested you without telling you the reason why?

DR BORAINE: Thank you very much, did you see him during those 14 days in prison?
MS

MABIJA: I saw him once but he didn't want to speak to us.  When I came with my brothers in Transvaal Road and as he came out he was unable to talk and it seemed difficult for him to talk in front of the policemen who were with him because he felt intimidated and it became obvious to us that he felt threatened and intimidated by these policemen.

DR BORAINE: Thank you very much, can you tell me how old was he when he died?
MS

MABIJA: 27 years.

DR BORAINE: Tell us just a little bit about him, what kind  of man was he?
MS

MABIJA: Phakamile was a very good child and he hated everything that was wrong.  He was a person who was involved with the scouts and church activities and he was involved in everything.  He was involved in everything, in all the church activities, at school, sports and he was a person who wanted the best and who was goal orientated and he committed himself in achieving his goals.  He was a person who was a visionary who channelled all his energies to accomplish the best of things.  He wanted success - he wanted the good things to succeed.  He would say "I want a plan to succeed and when it succeeds it should benefit all".  He always wanted his dreams to come true and be successful.  Everything about him was so amazing because he was such a great person.  And about the fact that he killed himself - that is not true - there is no such a thing like that.

DR BORAINE: Thank you very much, was Phaki working when he was arrested and if so, what work was he doing?
MS

MABIJA: He was a teacher at Zingisa.

DR BORAINE: Thank you and just one last question before I ask someone else questions.  Did he belong to any political party, was he involved in politics at all?
MS

MABIJA: I don't remember but I think he was a youth (nomad?).