Human Rights Violation Hearings — East London — 1997-06-11

MANDLA TOBEZWENI: I did not lay a charge and all the time I was wearing one trouser and one shirt and a duster coat and there was blood in the duster coat from my, both arms.  I reported to the police that I was bleeding.  They said that they are going to send someone.  A Chief Magistrate came and I reported this matter to the Chief Magistrate saying that I was, I had a problem with my arm.  He wrote this down and he told me that people from NU1 are recovering.

MS MAYA: What is the Magistrate's name?

MANDLA TOBEZWENI: It is Mr Nwaba.

MS MAYA: Thank you.  Is that all your story Sir?  If you would like to add something you may do so.

MANDLA TOBEZWENI: On the fifth these police came to check me.  They, my two arms were swollen and these police, that I am not going to mention by names, went to NU12 clinic.  The nurse who was there asked me where I was coming from.  I said that I was coming from detention.  This nurse said that she cannot treat me, because there was one nurse who was in court because she treated a detainee.  They took me back to the cell.  The following day, on the sixth, they took me to Cecilia Makiwane Hospital.  In Cecilia Makiwane Hospital they then took me to Dr Mklenge.  My arm was swollen and people asked me what happened.  I said that I was involved in a car accident.  Dr Mklenge asked me what happened.  I said that I was tortured on the 20th and on the 22nd.  I stayed for 15 days and they took me to hospital on the 16th day.  Dr Mklenge gave me medicine and told me to go hospital frequently so that I can be checked.  The two police said that I was going to treat myself in the cell.  My, both arms were swollen.
 It was difficult to use the tap in the cell.  When I tried to change I would have, I would wash my trouser and I would be naked, because I would have to wait for it to dry up.  My wife tried to bring clothes for me, but she was not allowed to get in.

MS MAYA: Thank you Mr Tobezweni.  After you were released did you lay a charge?

MANDLA TOBEZWENI: No, I did not, because these people were police and I would have to lay a charge in other police.

MS MAYA: What is your request to the Commission?

MANDLA TOBEZWENI: I had twins born in 1985.  They were homeless at that time and I am still feeling pain in my back as a result of this torture.  I would like a medical aid, because the one I had was dissolved.  I have three children and the younger child is three years old.  I went to stay in East London in Breylon.  My children are studying in Southernwood.  I have to pay R400,00 school fees for them.

MS MAYA: What is your request concerning your children?

MANDLA TOBEZWENI: They are using bus to school.  It is R40,50.  I take them to school and they come back with the bus.   I do not, I was operated three times in my back.  I was broken while I was playing rugby and I had screws in my body, seven screws and.

MS MAYA: Where were these screws?

MANDLA TOBEZWENI: They were in my ankle.  So I would like the Commission to help me, but I am scared of getting another operation.  Maybe I will be paralysed.

MS MAYA: Thank you Mr Tobezweni.  My last question.  The people who tortured you in this way, if you can see them today what would you say to them?  Do you have peace in your heart?

MANDLA TOBEZWENI: I would have peace if they can come forward. My children are asking me what happened to my arms.  I said that I was assaulted by the police.  If these police can come forward and my children can be here I would show my children that these are the people who assaulted me and that would satisfy me.

MS MAYA: Thank you Mr Tobezweni.  I will hand over to the Chairperson.  Maybe you will be asked questions.

CHAIRPERSON: Mr Tobezweni, thank you for coming before the Commission.  When you were making your written statement you, did you mention the people who tortured you, because the Law of the Commission states that if one is going to mention the name of the perpetrator in public, that perpetrator has to be noticed, the perpetrator has to be notified 21 days before the hearing so that he can get a chance to come forward if he wants to, but unfortunately you did not give out those details in your statement, but although you did not mention them in public, we would like you to go to that table and to give out these names so that we can include these names in your statement.  I thank you for coming before the Commission and we thank you for your story.  You may go back to your seat Mr Tobezweni.