Human Rights Violation Hearings — East London — 1996-04-17

MS MAYA: Thank you very much.  Mr Malgas, I have seen here in this testimony that the treatment that the treatment that you received in the hospital, you have been unable to get it because you don't have any means to maintain your health.  You can't even attend physiotherapy sessions, you are unable to get medication, is that true?
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UNKNOWN: Yes it is true.

MS MAYA: And I can also see that your house which was burned down and demolished should be built again and I suspect that you'd also like to have treatment? Is that so?

UNKNOWN: Yes it is so.

MS MAYA: Is there anything that you can talk about?

UNKNOWN: No.

MS MAYA: Thank you very much.  Are there any other questions?

PANEL MEMBER: According to information which you have given us, there is something which says, in May 1985, you were requested by Mr Godolozi, Mr Fasi and Mr Hashe, Mr Nguli, that they should accompany you to the airport.  You say you were surprised.  Can you tell us why you were you were surprised about this request?

UNKNOWN: I wish to say, Hashe and Godolozi and Galela and Nguli, they told me that I should go to the airport with them.  It was a few weeks before, and I stated that I was unable to do so because I was afraid to go to the airport.  And then we decided that we all should stay behind and only a few people should go.  I was afraid that the people, because this person we did not know, whom we were supposed to go and fetch, we were afraid they could get into trouble if they went to the airport.  The police at the time were always after us, harassing us, so we were afraid that the police will be after us and following us to the airport.

PANEL MEMBER: Again in your explanation you state that one of the policemen who was torturing you and beating you, he had a few words with Faku Gus, I'm quoting from the statement, it is said
"You will get it dead!"  That was Mr Faku who
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uttered those words.  He said, when we get freedom, which will be over our dead bodies.

UNKNOWN: I would like to say to them, if we freedom over our dead bodies, but I'd like to make them aware that we've got freedom.

PANEL MEMBER: Thank you Mr Malgas.

PANEL MEMBER: Mr Malgas, there is something in your explanation that I'd like to follow up. On the day when the house was burned down, I think I said your son was first burned with an acid.  Again you say, due to this assault he died, is that so?

UNKNOWN: Yes it is so.

PANEL MEMBER: Was an inquest done during this period?

UNKNOWN: Not, nothing tangible had taken place during this period and we didn't have any opportunity to expose ourselves.

PANEL MEMBER: I understand that you took this to the authorities and reported but nobody took action about it?
Did you bury your son?

UNKNOWN: Yes we did.

PANEL MEMBER: Up to this day there was nothing done about this legally,

UNKNOWN: No, nothing was done up to this day.

PANEL MEMBER: Do you wish that if there is a way, could the Commission follow this up?

UNKNOWN: Yes.  I'd like also that there should be a follow-up as to why he was removed.

PANEL MEMBER: Thank you.

DR BORAINE: Well Mr Malgas, I want to ask you a
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question, but if it is too painful for you to answer, that's fine.

UNKNOWN: Okay.

DR BORAINE: You have told us today that you were tortured many times in many different places.  If you are able to and it's not to painful, could you describe some of that torture, what actually did they do to you?

UNKNOWN: During the torturing, I was always suffocated with a mask and there was this helicopter training.  A stick was put inside your knees and you had to stretch your knees. During that period you were suffocated.
(Witness appears to be overcome by distress)

DR BORAINE: Mr Malgas, thank you very much indeed., for coming and we will certainly follow up what you have asked us to do, and I hope you have a safe return to your home.  Thank you very much.
 That adjourns the proceedings for today, we will start tomorrow at nine o'clock.  Thank you very much indeed.