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Human Rights Violation Hearings

Type HUMAN RIGHTS VIOLATION HEARINGS

Starting Date 22 April 1996

Location HEIDERVELD

Day 1

Case Number CT/00702

Victim ISAAC NDAZEMSELA RANI

Testimony ISAAC NDAZEMSELA RANI

Nature TORTURE

DR BORAINE

Can you hear my voice coming through with the translation - okay Mr Rani are you willing to take the oath.

ISAAC NDAZEMSELA RANI Duly sworn states

DR BORAINE

Thank you very much indeed, will you be seated please. Mr Rani the first thing we want to say to you is that we are extremely grateful to you for coming along today.

The story that you will tell the Commission goes back a very-very long time until 1962. And you have had this story in your heart and mind and we hope you will feel comfortable and relaxed in sharing it with us. In order to assist you, Commissioner Yasmin Sooka will help you in leading your evidence. Thank you very much indeed for coming.

MS SOOKA

Hello Mr Rani, I ‘d like you to tell us a little bit about yourself, your family, whether you have children, whether you married. Could you do that for us please.

MR RANI

Yes I do have children, but I don’t live with them, they are scattered all over the place in their own places.

MS SOOKA

Ja, are you married?

MR RANI

Yes I was married.

MS SOOKA

[Question inaudible]

MR RANI

I don’t know where she is.

MS SOOKA

Mr Rani at the time when you left this country were you a member of a political party?

MR RANI

Most definitely.

MS SOOKA

Which party were you a member of?

MR RANI

African National Congress.

MS SOOKA

I see how old were you when you left the country?

MR RANI

Well when I left it was 1961.

MS SOOKA

Do you want to tell us why you left?

MR RANI

It is because I went for training.

MS SOOKA

Where did you go to?

MR RANI

When I left I met Mr Alfred Ngudle, he sent me to Johannesburg. Then from Johannesburg then I went to Tanzania, then from there I went to [indistinct]

MS SOOKA

You were arrested in what was then the old Rhodesia in 1962. Do you want to tell us a little bit about that?

MR RANI

Yes I was arrested in Rhodesia, in - at Bulowayo. Then from there we went to [indistinct] Bridge, that’s where we met people from South Africa. Those are the people who took us to Messina, from Messina we went to Central - toe Central in Pretoria. When we arrived there, we - Fred van Niekerk received us, and Stroom and Smith and others, Aaron and Simon.

But we were - we got split up now, but we didn’t know where the others went to, we didn’t know what happened to the others, I mean nobody told us anything about that, we were tortured and beaten up. We were beaten up so much that after three days I was vomiting blood, and the doctor came in, but the doctor told me that you only have a month to live. And there is nothing else I can do for you.

MS SOOKA

Mr Rani, could you tell me who the men were who picked you up at Bulowayo, the men who brought you to Messina. Were they members of the Security Police?

MR RANI

They were Rhodesian police at Bulowayo, Mr Smith, it was Mr Smith.

MS SOOKA

And then handed you over to the Security Police in Messina?

MR RANI

They handed me over to the police here in South Africa, and those are the people now who took me to Pretoria.

MS SOOKA

When you were taken to Pretoria, who were the other eight people who were with you?

MR RANI

The people who were with me, that I can remember it was:

Wilfred Alfred Khonza Malgas

Jantjies, Alfred Jantjies.

MS SOOKA

[Question inaudible]

MR RANI

Some of them I have forgot them, but I am still trying to remember.

MS SOOKA

[Indistinct] when you remember you can just stop me and tell me their names. You said that you were tortured at Pretoria Central. I know that it’s difficult for you to answer this question, but I wonder if you could tell us why form the torture took. What did they do to you when they tortured you.

MR RANI

They did all sorts of things, such that I was just wearing my bikini, my underwear, when they came to me, they just took me to a hospital, a general hospital. I had to go around the hospital to a certain corner where I was beaten up, they put a cube into my ears. And then when - when that happens my fingers had to tremble, now after that now I was arrested again, that’s how I was tortured.

MS SOOKA

What else did they do to you in the prison and do you know how did this - do you remember the names of the people who tortured you?

MR RANI

The people who tortured me, they were torturing me in a police station in Greyvenstein, those people were Fred van Niekerk, he was the boss of everybody else at that time. Smith - Smith and everybody else were also under Van Niekerk, because he was the boss.

MS SOOKA

Did he beat you.

MR RANI

Too much - very hard. He beat me very hard.

MS SOOKA

Was it the beating that made you vomit?

MR RANI

That is exactly what made me to vomit blood, it is the beating, even now my arms are still numb, they even have cracks from both arms.

MS SOOKA

You mentioned where [indistinct] earlier that they brought a doctor to see you, do you remember the name of the doctor?

MR RANI

Oh! No I cannot lie, I don’t know who it was. The person who is the station commander who brought the doctor to me, I don’t know who he was.

MS SOOKA

Was this after you vomited blood?

MR RANI

No this happened before I vomited blood.

MS SOOKA

I see, what did they to you before you vomited the blood beside the beatings, what did they do to you?

MR RANI

They beat me up, then after that I vomited blood. Then it’s after that that the doctor was called.

MS SOOKA

I see, was the doctor nice to you - did he examine you properly?

MR RANI

I commend him because even now I am - I can say I am cured. Even when I went to Court, when I had to appear in Court, luckily because we were kidnapped from Rhodesia, nobody knew where we were. When we got to Pretoria we were split up and then luckily one of the prisoners came, he told me not to close the window, the one behind me.

Nobody was allowed to talk to me, and he threw a small piece of paper through the window. And now he was trying to find out what have I done to - for me to be here. So I also wrote a little note, I also threw it through the window, when it - when it got to him outside, I said to him he must give it to the police outside - he must - I wanted to tell him that I want to get out of here.

They must give this prisoner R60-00 he also - he did that already. He doesn’t know that I am sending him to - to Modise - Joe Modise. When he got to Joe Modise, he told Joe Modise that so and so is arrested, they said he is [indistinct] at a certain place. On a certain date he is going to Court, he said all right, he was given the money, he met with the lawyer, Cultan and the lawyer he told the lawyer to come and represent me in Court.

I wasn’t aware that Cultan was my lawyer, but when he came in here, he told me no-no I am - he told me that I am late, this is the person I am here to defend. Now he - he told me that he is a national lawyer then he can’t defend anyone in this case. He said we’ll meet in the next world.

He said Mr Kotze, and then he told ahh, you under arrest, he said hey hide. So me and Titus we hit, and then I asked him hey why are you arrested, he said I don’t know, that what - that’s why I am here, I want to find out. He told the lawyer why am I arrested, and the lawyer said yes, the lawyer himself wanted to find out who was here to represent me, because nobody knew us. We were kidnapped, from Rhodesia so nobody knew us, so he was also worried who knew anything about us.

Okay the lawyer took my statement, okay we were given, the verdict was passed, but now Titus knew and his wife that - that he simply left.

INTERPRETER

I am sorry the witness says sentences are not completely finished sometimes.

MS SOOKA

Mr Rani, the person doing the translation says that you talking so fast that she can’t hear all of the things that you saying, so if you could just talk a little more slowly then she can relay what you saying, more carefully, all right. You - if you could just tell us who Mr Titus is please, you mentioned [intervention]

MR RANI

Titus is a lawyer who was - who was my lawyer. He escaped and he went to exile into Russia which is his place actually, okay I was left alone now. But because he had already made his statement for me, when I went to the synagogue in that’s when now in high treason where the proceedings took place. General Attorney, I am sorry I didn’t get the name.

MS SOOKA

The Attorney General.

MR RANI

The prosecution went on and then after that okay everything just - disbanded.

MS SOOKA

How long were you kept in the prison before you were brought to the proceedings in the Court, before you were put on trial, how long did they keep you?

MR RANI

They kept me for a long time - a long-long time.

MS SOOKA

Do you remember the date at all?

MR RANI

The only date I can remember is the one that I was sentenced, that’s on the 2nd of January.

MS SOOKA

The year [inaudible]

MR RANI

1962.

MS SOOKA

You were sentenced to two years imprisonment, is that?

MR RANI

Two years that’s right, I was sentenced for two years. When I got out of there, they sent me to Cape Town, that’s how I came here. When I came here, I reported I did my claims, all my clothes were also stolen by the police.

I just came with nothing at all. I went to the - [indistinct] they gave me a little paper where I went to take it to Caledon Square where I can claim for my clothes, yes I did that. They told me okay I am going to get it soon, then after that I was told - I was told that I would be detained for three years and then every morning I was told to report at eight o’clock.

MS SOOKA

You were told to report at the police station - how did you feel about that?

MR RANI

It was terrible, it was really terrible for me, I couldn’t work, I didn’t know where to work. I also have kids.

MS SOOKA

[Inaudible] how many children have you got?

MR RANI

They were ten at the beginning. But three passed away.

MS SOOKA

How did you support yourself then Mr Rani?

MR RANI

I tried their mother and themselves, I use to go and fish and I would even get some work from the contractors for a while, just for my kids to have something to eat. But there was nothing else I could do.

MS SOOKA

I want to take you back a little bit to what you told me before, you said that you were told to report to the police station every morning, but were you - where you kept under house arrest at all when you came back to Cape Town?

MR RANI

Exactly, the reason why I got 144 - 194 I got it because I was under house arrest. I was - I was given that instruction that every eight o’clock I must go to report at the police station, and 6 pm I must also go and report to the police station.

MS SOOKA

What else did they tell you to do, did they tell you that you can’t speak to other people, what did - did they say you must stay at home, what did the police tell you at the time?

MR RANI

The instructions were that I mustn’t get any visitor and I mustn’t also visit anyone, I was just house bound with my family. Even at night at 1 am or 2 am they would - they use to come in, they use to come and check me up, just to see if I have any visitors or I have visited anyone else.

MS SOOKA

Did they harass you for a long time?

MR RANI

Yes they did, they did harass me. Then eventually I got a job at Cavana, it was known then as Cavana at Salt River. I worked there for a while on my fourth week working there, they took me from that work - from my work place to Johannesburg. Only to find out there is another case that I have to be taken to there.

When I got there I was arrested. They got hand grenades and all other firearms. They were told that they were from abroad, they were send to me. When I got there I was surprised to find that these were mine. And I was asking them okay why are these with you instead of with me if they are mine, and they told me there is a box with your name on it.

So they said okay now why didn’t I go to the post office myself if it’s mine, that’s how it’s suppose to be, why did you go and fetch it. They didn’t answer me with that, they just - they just send me to [indistinct] that’s where I was arrested.

MS SOOKA

Who arrested you the second time, was it the same person who arrested you the first time?

MR RANI

It’s the first group, still the first group who arrested me. I can say that they don’t arrest because it’s the same people. It was Sergeant Rani and Sergeant de Villiers and Hambo, those are the people who took me who sent me [intervention]

MS SOOKA

Where did they take you to?

MR RANI

They took me to Johannesburg in the Central Prison. From there they took me to East London. And they took me to East London until the date of the trial, I stayed there, I stayed there until I had to come to - to appear to Court. When I did, they were accusing me of all these grenades.

Now I told them to please call Lebranch for me, who was handling the Gorilla affairs at that time, he refused, so he send his Lieutenant, when he got here, I told him look this is what I am being accused of, just tell this Court that I have - I am innocent, I had to go back to my kids. The Lieutenant got back with the response that, that is not my place to say that I am innocent, it’s for the Court to decide that.

But can - now I - when I asked you to come end of Tape 3, side A … all of this things were in this box, and now. Now tell me where were these made, England, America, I told them I’ve never - I’ve been - I’ve never been to England, I’ve never been to America.

The grenades that I was using, they were from Cuba and Russia ja. Those are - those are the ones I was using. These are the Bazookas I have no idea of - of them. I told the Judge but you people are framing me because I - you even made a mistake, you people have no rest.

MS SOOKA

What did the Judge [indistinct] you.

MR RANI

The Judge agreed that yes they were framing me and they were framing me with really sore hearts, because they didn’t - they didn’t want me to be free outside. They wanted me to be in the prison, inside.

MS SOOKA

Do you remember the name of the Judge who heard your case?

MR RANI

I think it was Justice Roedolf.

MS SOOKA

Could you tell me how long it was after - do you remember the date when you were taken to East London for this?

MR RANI

It was Mondee not East London, I went to Mondee. Now I do not know the date, I mean we uneducated people we have no idea of these dates.

MS SOOKA

What happened after [indistinct]

MR RANI

Well nothing happened really, I lost my house, it went to their side and my kids just went all over the place and my wife left me, I mean she couldn’t life with an unemployed husband.

MS SOOKA

So - so one thing in fact being arrested, being detained, being tortured all of this has meant that you’ve had very little life with your family?

MR RANI

The only chance I got to stay with my family was before I was arrested which was 1952. Now after that I was never outside prison, I would - I was with Mr Nngovela, I was always in prison, in and out - out to the last minute. It’s only now that I have a rest.

MS SOOKA

Mr Rani could I take you back a little bit, I just want to ask you a little more questions about the time when you were kidnapped in Rhodesia. Could you tell me where you were when you were kidnapped and where you were taken to by the Rhodesian police please.

MR RANI

The Rhodesian police took me from Bulowayo from the police station, sent me to the [indistinct] Bridge, they took me to Messina, that’s when we were taken to the South African - into the South African Police, from there we went to Pretoria and then the following day on six o’clock we went to - we were met by Fred van Niekerk and Stroom - Stroom and Smith.

MS SOOKA

When - what were you doing in Bulowayo when the Rhodesian police picked you up?

MR RANI

I wasn’t doing anything, I was on my way to South Africa. The first time we were arrested we were at Livingstone. But the people from Livingstone - the police from Livingstone called South African Police who took us through to Bulowayo at eight o’clock. Now we had the information from the Livingstone policeman.

MS SOOKA

Who was with you, you talked about we and you said to me that Alfred and Malgas and Alfred Jantjies were with you. Do you remember the other people who were with you?

MR RANI

Also Mathews Macalema, Alfred Conza and Nzuza - I can’t remember the other [intervention]

MS SOOKA

Can’t remember - do you know what happened.

MR RANI

I can’t remember everybody they are from different places.

MS SOOKA

But do you know what happened to them?

MR RANI

They were sentenced. Some escaped before I did, they were running away from the State of Emergency, they went to Lesotho, and now when they - when they were discovered they were told you were - you ran away at a certain time.

MS SOOKA

Could you tell me what you do now? How do you support yourself now?

MR RANI

I live on pension. I try and save my pension that’s how I live on, there is no other way, I don’t have really energy to go and work.

MS SOOKA

Do you feel better now that you’ve come to the Truth Commission to tell your story?

MR RANI

Ja I do feel a little better, because I can’t say the Commission has any fault, but it’s trying to dig up information, just to find out what happened.

MS SOOKA

Are you happy to share that information?

MR RANI

I am very happy. I am very happy so that everybody else can know what happened.

MS SOOKA

What - what do you actually feel the Commission should you, what would make you feel better?

MR RANI

I - this is very difficult for me, I can’t really ask the Commission to do anything, the Commission itself will see what to do. I can’t really instruct it to do anything.

MS SOOKA

Thank you very much for telling us your story.

CHAIRPERSON

Thank you, any questions - yes.

DR BORAINE

Mr Rani I need your help, you told us that after you were tortured you were visited by the doctor, the District Surgeon, who examined out. Was that right - okay.

MR RANI

Exactly.

DR BORAINE

Can you remember what he said to you?

MR RANI

The only problem is the beating up, because no-one else can do anything for me, no-one can do anything really for me. The only person, the only thing that can happen is for me to stay with me in prison.

DR BORAINE

Let met try to find out what you mean, are you saying that if the doctor helped you, he would also go to jail?

MR RANI

Yes he was going to be arrested because look my lawyer was also arrested. He was really also going to be arrested.

DR BORAINE

That - thank you that helps me. In other words even the doctors who should be helping were nervous to help people like you.

MR RANI

They were very scarred, very-very scarred. They were really scared.

DR BORAINE

Thank you very much for your help.

CHAIRPERSON

Yes.

MS SOOKA

Mr Rani just a few more questions, were you tortured at the Pretoria Central or were you - at the prison or were you tortured at the police station, can you remember?

MR RANI

It was - it was at the police station in Gesina where I was prosecuted, not at the Pretoria Central, it was in Gesina. That’s were I was tortured, they wanted statements, they wanted information.

MS SOOKA

And just another question, were you kidnapped first and you were then taken and arrested, do you remember - do you remember what happened first. Were you first taken to the police station or did they kidnap you first, can you remember that part when you were kidnapped in Rhodesia.

MR RANI

When we were kidnapped in Rhodesia we went to Central in Pretoria. That is where we were all split up into different places and we didn’t know about the whereabouts of each other.

MS SOOKA

Do you know if the others were tortured as well?

MR RANI

I can’t be sure because I didn’t see them. But I know that it is - it is there usual duty to torture people.

MS SOOKA

Were you - when you were charged in Court, when you were triad, were you trialed for leaving the country without having a passport, or were you trialed for having undergone military training, can you remember that?

MR RANI

The reason why I was arrested that side is because I didn’t have a passport.

MS SOOKA

And when you were brought to trial?

MR RANI

At the Court is - because I was charged for leaving the country.

MS SOOKA

Can you also tell me do you recall ever being taken to a hospital after you were tortured?

MR RANI

No, I was never taken to hospital, I was treated in the cell.

MS SOOKA

Thank you.

MR POTGIETER

Mr Rani just one issue, the policeman whom you refer to as Fred van Niekerk, where was he from?

MR RANI

I know Fred van Niekerk when he was still in Cape Town at Phillipi, he was still here, Phillipi at Cape Town. He was transferred to Pretoria where he is at the moment.

ADV POTGIETER

And what - what rank did he have, what did they call him, did they call him Sergeant or a General or what, what did they call him?

MR RANI

They called him Major.

ADV POTGIETER

Major [indistinct]

MR RANI

Yes.

ADV POTGIETER

Thank you - thank you Chairperson.

MS SOOKA

Mr Rani can I say that I am really struck by the way you have talked today. You have such spirit and I am amazed by the fact that you can still laugh about your experiences.

MR RANI

Yes there is only one reason for this, is because out of all these people in this - in this house, I don’t have an enemy. If I had an enemy in this house, I wouldn’t - I wouldn’t be laughing. Why would I - why would I cry, why - why would I be angry, there is no enemy of mine in this house.

MS BURTON

Mr Rani the colleagues of yours who were kidnapped and then arrested with you, did you never see any of them again?

MR RANI

No, the ones I saw were only two. One - it’s Alfred Jantjies who died last year, Goodman Mlaili, who is now in Pretoria in the camp, he is working there. Those are the only two.

CHAIRPERSON

I would also like to say that we thank you, we also thank the way that even the people who tried to destroy you, but now today you can be able to see this freedom, the freedom that you struggled for. Thank you.

 
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