Human Rights Violation Hearings — Worcester — 1996-06-25

MINA DAY: They said he is their superior, they said he has given them the right to kill.  I couldn't ask who Le Grange was, I just listened to what they were telling me because they said we are taking their country out of their hands.

GLENDA WILDSCHUT: So - so you  were one of the people who was busy taking the country out of the hands of the police.

MINA DAY: I also don't know as I was also wondering how I could take their land so I didn't mention anything about their country that's why I was surprised.

GLENDA WILDSCHUT: Ja, I am trying to understand and I am sure that everybody who is listening to your testimony today, is also trying to understand why somebody of your age should be beaten so severely and then imprisoned for three months.  And also when you  were...[intervention]

MINA DAY: They said I'm very cheeky so I must go to prison so that I can change my mind.  They said that even if I die it's okay with them.

GLENDA WILDSCHUT: Yes most of the people in this area who were arrested and taken to prisons, were sent to Victor Verster prison in Paarl, why were you sent to Cape Town, to Pollsmoor?

MINA DAY: Woman were all sent to Pollsmoor prison in Cape Town only the male victims were sent to Victor Verster, those who were arrested at that time.  My son was also sent to Victor Verster.

GLENDA WILDSCHUT: So your son was sent to Victor Verster and you had to go to Pollsmoor in Cape Town.

MINA DAY: He was sent to Victor Verster and I was sent to Pollsmoor.

GLENDA WILDSCHUT: Was there ever a charge laid against you - why were you sent to prison?

MINA DAY: We didn't attend any courtcase, we were just released and no charge was laid against us.

GLENDA WILDSCHUT: Did they - did they tell you whether you were detained under the State of Emergency Regulations?

MINA DAY: That's what they told us.  A charge was laid against the younger brother, the younger son of mine.

GLENDA WILDSCHUT: And what charge was laid against him?

MINA DAY: They said he was involved in the burning down of the house.

GLENDA WILDSCHUT: Do you know anything about that?

MINA DAY: I know nothing about that but even in the town they were accusing him but he was attending choir practice in Oukamp.  They said it won't help them to try to escape because they were going to be taken to prison.  Whether he threw stones or burn a house or not they were going to be taken to prison unless they could help the policemen patrol on the location.

GLENDA WILDSCHUT: Ms Day I know this might be difficult for you but I wonder if you can tell us how was your stay in prison - how  were you treated what were the conditions like in prison?

MINA DAY: I didn't get any bad treatment the only place that we got bad treatment was here in Worcester.  In Cape Town there was nothing bad but there was one particular day when we asked when we were going to be released, they threw teargas at us and we were separated and put in different cells.

GLENDA WILDSCHUT: How were you affected by the incident that you talked about today, by the beating and your subsequent imprisonment, how did that affect your life?

MINA DAY: One of my kidneys is not functioning properly and I'm getting cramps time and again, it's a side effect from that beating.  Even if I'm not working now I've got that child who was released and was working but now he is unemployed.  He couldn't find any employment because of this situation.  They don't want to employ him because they say that he was involved in the burning down of the house and the throwing of stones.  As I'm not working I'm waiting for them to support me.

GLENDA WILDSCHUT: So the impact on your family has not just been on - on you but also on your children and your son in particular.

MINA DAY: Yes, not the one who was beaten but the one who was arrested.  It's just that his employer couldn't get a person to fill his position so the one who was arrested was the one who was not beaten.

GLENDA WILDSCHUT: What I - what I find very remarkable is that as police beat people and particularly in your situation as the police were beating you, so they were also insulting you, that must of had a tremendous impact on you because as a older person in the community, we are meant to respect our elders.

MINA DAY: Yes I was supposed to be respected.  To be insulted by your private parts is not right more especially so by someone who is not of your nation.

GLENDA WILDSCHUT: H'm that evening I know that also reference was made to a dog, were there any dogs in the neighbourhood?

MINA DAY: The dog was mine, not the neighbourhood's.  It was a strong dog and they threatened to shoot my dog and I told them they dare not do that because it had a chain on therefore it was chained.  That would have been the fist time that I experience a person shooting a chained dog.

GLENDA WILDSCHUT: But they were also referring you - they were comparing you with a dog.

MINA DAY: Yes, it's like that.

GLENDA WILDSCHUT: Ms Day I wonder if you can give us an idea of what you would expect from the Truth Commission - how is it that we can - what is it that you would like us to do for you?

MINA DAY: Because my blood was innocently shed I want to get revenge on those who assaulted me because I've got children who are suffering from their deeds.  I want them to pay me something for what they did to me and my family.

GLENDA WILDSCHUT: Yes could I just ask you to - to explain a little bit more, could you explain to us what do you mean by you wanting revenge and...[intervention]

MINA DAY: I want them to pay, to give me some funds because there is nothing I can do to take revenge physically.  I want them to pay for my blood that was shed innocently.  Ever since I was beaten I'm a little bit blind in my one eye and as time goes on it gets worse.

GLENDA WILDSCHUT: Ms Day this must have been very difficult for you to  share your story with us, I just wonder whether my colleagues would like to ask you any questions.

ADV POTGIETER: Yes Pumla Gobodo.

MS GOBODO-MADIKIZELA: Thank you Chairperson.  There is nothing that is so hurtful as to hear  that a person in another violation is insulted in the fashion that you have been.
XHOSA -

ENGLISH TRANSLATOR: I don't how the person who is translating translates that in English.

MS GOBODO-MADIKIZELA: Other mothers would not believe that such a thing could happen, that your character has been so insulted.  Those boys, those young boys insulting a person of your age and standing, if you had been a White person would they have insulted you in such a way, would they have done the same thing to a White woman of your age?

MINA DAY: I don't know.

MS GOBODO-MADIKIZELA: It seems to me that because of your colour this gave these policemen the feeling that they had the right to insult you in this awful way.  There's nothing else that I want to say.  I've heard the disgusting things that have happened to you and to your children and as you've told us how they've insulted somebody who is not even of their own nation.  When you think of they way in which you were insulted by those people what is it that comes to mind?

MINA DAY: It's very difficult for a person to insult you with the thing that he doesn't even know or have in a mass of people because it was something that they could enjoy and there was nothing we could do.

MS GOBODO-MADIKIZELA: That's the thing that is most painful about this, that all the things that have happened to you and even to the person who spoke here, the father before you, that there was nothing that you could do.  You'd both been insulted in the most private parts and it's a very painful thing to hear that such things were happening.  That is all that I would like to say.

ADV POTGIETER: Thank you Pumla, Ms Day just one issue, how long were you detained?

MINA DAY: I was arrested on the 15th of June and came out on the 18th of December at night.