Human Rights Violation Hearings — East London — 1997-06-10

UNKNOWN: First of all I would like these people to come forward with their side of the story so that we can hear their side of the story.  Secondly, as the situation was like it was there were no doctors that were helping us we were not treated properly and we were tortured .  The single cells in which we were kept had no windows.  We were then transferred to solitary confinement in prison and we needed medical treatment because we suffered from stress and from torture.  Thirdly, my house and my properties ...  I got three thousand rand and I could not even buy enough clothes to wear with that kind of money.

MS MAYA: Thank you Mr Bikitsha I will now hand over to the Chairperson and maybe you will be asked questions.  Thank you.

BONGANI FINCA: Mr Sandi?

MR SANDI: Thank you Mr Chairperson.  Mr Bikitsha you mentioned certain names in your statement and when you were talking you didn't mention these names, who was Mr Nonhonho?

UNKNOWN: He was a Commander.

MR SANDI: Did he take part in this process?

UNKNOWN: Yes, he did because I was tortured by Mnandana their sub-ordinate.  They pretended to be better and I went to Nonhonho.  They also had documents of people who were in exile.  They interrogated us about these people.

MR SANDI: What did Mr Nonhonho do to you?

UNKNOWN: He was instructing these people to do the things they were doing to me.  They were in his command.

MR SANDI: When you're talking about these people are you talking about Mtatha, the late Mazilwa, Swelendao, Mfundisi  and Bouti?

UNKNOWN: Yes, and others.

MR SANDI: Thank you.

BONGANI FINCA: Mr Bikitsha I have only one question for you, you are talking about doctors.  You were tortured and then you were taken to the doctors for treatment.

UNKNOWN: Please repeat Sir.

BONGANI FINCA: Do you have a medical report to substantiate the allegation of torture?

UNKNOWN: No, we were never given a medical report.  We went to Abes a coloured guy when we were released but I don't know if he's still around.

BONGANI FINCA: The second question, I want to know what kind of torture was used on you.

UNKNOWN: Firstly, they used a cube.  They tortured us daily for the two weeks that we spent there.  They also used a ............ they would handcuff our arms and our legs and they would put something between your knees and your hands and then they'd put two tables together and put you between those tables with your head upside down.  This affected my arms and my legs.   If you were tall enough so that your had touched the floor they would lift the two tables so that you can hang.  At the time you would have nothing on top and they would push you and beat you with a sjambok all the time.

BONGANI FINCA: What did you refer the one you just mentioned to?

UNKNOWN: It was boeing.

BONGANI FINCA: Who were torturing you, do you know their names?

UNKNOWN: There were many of them but Bouti and  Mtatha were also there.

BONGANI FINCA: There are a number of perpetrators you've mentioned.  All of them will come forward to deny that they were involved so your evidence must clearly clarify who did this to you or were your eyes closed.

UNKNOWN: At the time I didn't know them but as I was in prison I got to know them.  They were doing one thing at the same time they were not sending each other.  All of them were eager.

BONGANI FINCA: Lastly Mr Bikitsha, you mentioned Boyce ..........., Nokalema Thomas as the witnesses.  Are these your witnesses, were they detained with you or what are they witnessing?

UNKNOWN: Boyce .................. is not a witness we were charged together.  Nokalema was the one who hired a lawyer Magqabi for me.   He applied for a grant to pay for my house from the Border Council of Churches.

BONGANI FINCA: Thank you for saying that you received a grant from the Border Council of Churches because I'm from there.  Were you tortured alone was there no one who can witness this?

UNKNOWN: I was alone.

BONGANI FINCA: Were you in solitary confinement?

UNKNOWN: In the torture room you would be alone.

BONGANI FINCA: I think this is my last question, you said that at home there was a person who was a member of Umkhonto weSizwe, were you a member of Umkhonto weSizwe?

UNKNOWN: I received training inside.  I received my training inside the country.

BONGANI FINCA: My question was were you a member of Umkhonto weSizwe?

UNKNOWN: No, I was not a member of Umkhonto weSizwe.

BONGANI FINCA: Thank you very much Mr Bikitsha, we apologise for asking you many questions but we have to get clarity because you've mentioned a lot of people's names and these people would like to appear before the Commission to deny these allegations.  We have to get clarity so that we are able to know what the real truth is.  I would like to thank you for now, you may go back to your seat.

BONGANI FINCA: We will call three people who want to state their side of the story regarding Zwelakhe Bikitsha's evidence.  The first one is Mr Mhleli Mfunani who will be with his legal representative Mr Mbandazayo.  Mr Mbandazayo please confirm your name and the name of your client and the reason why you want to appear before the Commission to-day.

MR MBANDAZAYO: Mr Chairman I confirm that I am Lungelo Mbandazayo .............. and I'm representing Mr Mhleli Mfunani ...............

BONGANI FINCA: Thank you.  Mr Mhleli Mfunani  we would like you to take an oath.  We thank you for coming here to give us your side of the story with regard to Mr Bikitsha's evidence.  Reverend Xundu will help you take the oath, thank you.

REV XUNDU: Thank you Mr Chairperson.

UNKNOWN: (sworn states)

BONGANI FINCA: Mr Mbandazayo please proceed with your client.

MR MBANDAZAYO: Mr Chairman as usual you have before you main points which my client will give evidence on and I will start asking him to give evidence on those points.  Mr Mfunani you have heard the complainant Mr Bikitsha giving evidence regarding the circumstances of the day in question, can you before the Commission and in your own words tell the Commission what happened on the day in question.

UNKNOWN: I can do that Sir.  Thank you Mr Chairperson.   First of all it is true that the witness who was here, we used to live together a lot of times.  Secondly Mr Chairperson on this particular day I was working in Bisho and I had just been promoted after writing police examinations.  I was at the Head Office in Bisho at the time.
 On this particular day I was with late Captain Maganuga coming to Mdantsane to the Security Offices there and we had no idea of any operation.  We got to Mdantsane and there was a joint operation.  We went with the late Captain Maganuga to the office and asked what was going on.  We heard that we were going to NU 3 to 7809.   At the time I was not aware whose house this was but out of curiosity we followed the police.  When we were near Kyalatemba we heard gunshots from NU 74.  We were standing near Kyalatemba.  After the gunshots stopped we went nearer.  If I remember clearly when I arrived there, there were police and soldiers.  I don't remember the police who asked me but I was asked to take the injured police to Cecilia Makiwane which I did.  I came back from Cecilia Makiwane hospital because I wanted to know what happened.  I was shown the police who died and one guy from exile.  I don't remember who said this but I received a message that I was called over the police radio.  I don't remember if it was the Commander of Mdantsane but he said that the owner of this house was Mr Zwelakhe Bikitsha and as I was the person who knew him I had to help them arrest him which I did as a policeman.  I arrested Mr Bikitsha together with other police but I don't remember who they were.  
 After that I left him in Mdantsane Security Branch and I never met with him again.  Fortunately Mr Chairperson he didn't even mention that I was the one torturing him.  I met him again in court.  That is all Mr Chairperson.