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Human Rights Violation Hearings

Type HUMAN RIGHTS VIOLATION HEARINGS

Starting Date 26 June 1996

Location WORCESTER

Day 3

CASE NO: CT/00244

VICTIM: NOWOWO EMILY TSENZE

VIOLATION: BEATEN BY POLICE

TESTIMONY FROM: NOWOWO TSENZE

DR ORR

Do you swear - I will read the oath - Ms Tsenze I will read the oath and then you will say so help me God.

NOWOWO EMILY TSENZE Duly sworn states

DR ORR

Thank you, Pumla Gobodo is now going to help you tell your story.

MS GOBODO-MADIKIZELA

Thank you Wendy.

Thank you Mama Tsenze, you may take your earphones off. We would like you to give us your opinion of the events that happened that time when you were beaten by the police. Can you first tell us where you come from?

MS TSENZE

I come from Robertson.

MS GOBODO-MADIKIZELA

Where did you stay in Robertson?

MS TSENZE

In Qubello.

MS GOBODO-MADIKIZELA

Can you tell us what happened at that time in Qubello?

MS TSENZE

We were at ... in the township and I was sleeping. When I got up and looked out it was dusk. I went into the house and there was a stove just a little way away from the door, the police then came in and asked me why the rubbish is scattered around outside. I said it’s the dogs that come at night and scatter the rubbish.

They then came and hit me with a sjambok because they said that we wanted to be free but we couldn’t clean the location. I again went into the house and while I was standing against the door they came into the house again and attacked me. We were told that we were wanted at Worcester to see the lawyer to tell him how badly we had been beaten.

When we got to the court to see the lawyers we saw the lawyers by the vans and we went back again without meeting with the lawyers.

MS GOBODO-MADIKIZELA

You are telling me that you were beaten because of the rubbish that was scattered, was that the reason the police gave you?

MS TSENZE

Yes it was.

MS GOBODO-MADIKIZELA

You are also saying that it was not only you who was severely beaten, can you tell us why the others were beaten?

MS TSENZE

I don’t know whether the other people were beaten in their houses but we were told that we had to go out and then we were taken into custody ... (tape blank)

MS GOBODO-MADIKIZELA

When you say we, are you meaning those that were beaten with you?

MS TSENZE

All the people in the location were told to go in to take the papers in.

MS GOBODO-MADIKIZELA

To pick up the papers and then you were beaten? We’d like you to explain to us how you were beaten.

MS TSENZE

In the first place I was hit on my head and also on my buttocks and my head was swollen through that beating as well as my buttocks.

MS GOBODO-MADIKIZELA

Were you beaten with a whip by the police?

MS TSENZE

I was beaten with a whip by the police.

MS GOBODO-MADIKIZELA

Were they in a police van or what?

MS TSENZE

They came on foot, they came into my house on foot.

MS GOBODO-MADIKIZELA

How were you injured, was it only that you were swollen or were there any wounds?

MS TSENZE

My head is still hurting at this point where I was beaten on the back of my head, it still hurts even today.

MS GOBODO-MADIKIZELA

Did you go and see the doctor because of the wounds?

MS TSENZE

Yes I did go to the doctor.

MS GOBODO-MADIKIZELA

What did the doctor say?

MS TSENZE

There was a clot of blood that I had at the back of my head as a result of that beating and he gave me pills which I’m still using to this day.

MS GOBODO-MADIKIZELA

Could you please tell us tell us the side effects of the beating you received, did you have any side effects or was there anything that you couldn’t manage to do after you were beaten?

MS TSENZE

I can’t manage to see the sun when it’s very hot and I can’t bask under it because my head aches.

MS GOBODO-MADIKIZELA

Whom do you still remember of those who were beaten as well?

MS TSENZE

I can’t remember the names of those people now but one of them was Tsenze and then Zengelaki.

MS GOBODO-MADIKIZELA

Which year was this?

MS TSENZE

I don’t know because I’m someone who has not been educated.

MS GOBODO-MADIKIZELA

In you statement you said it was in June 1985.

MS TSENZE

I’ve forgotten though.

MS GOBODO-MADIKIZELA

Thank you Mamma Tsenze you told us about a court case, can you tell us about it.

MS TSENZE

Apart from the fact that we were called there to see the lawyers.

MS GOBODO-MADIKIZELA

That’s what I want to know, were these your lawyers?

MS TSENZE

It was the ANC lawyers.

MS GOBODO-MADIKIZELA

Which case was it for?

MS TSENZE

We never actually appeared in court, we were just called to see the lawyers to show them how we had been injured by this assault but nothing happened after that.

MS GOBODO-MADIKIZELA

Do you still remember the names of the lawyers?

MS TSENZE

I do not know their names.

MS GOBODO-MADIKIZELA

Were they in Robertson?

MS TSENZE

No they were here in the court at Worcester.

MS GOBODO-MADIKIZELA

Are they still here? The reason I’m asking is because we want to do an investigation to obtain full information.

MS TSENZE

I’m not sure where they are now, I’m not sure whether they are still here or in Robertson. They were not in Robertson.

MS GOBODO-MADIKIZELA

You said there was no case.

MS TSENZE

No there was no case, we were just called by the lawyers.

MS GOBODO-MADIKIZELA

Sorry, I want to ask a question that I’ve asked before. As you were beating this day and given instructions to clean the location, you said you don’t know the others who were with you, weren’t there any neighbours or those who lived in your street that you can remember?

MS TSENZE

I was also in front of the person’s house who is sitting next to me at the time that this happened but she was not beaten.

MS GOBODO-MADIKIZELA

Was it that day?

MS TSENZE

Yes it was that day.

MS GOBODO-MADIKIZELA

And that day it was not only you who was asked to clean the place?

MS TSENZE

Other people who came out early were told that they should also be cleaning up the rubbish around the camp at the same time otherwise they would be beaten as we were.

MS GOBODO-MADIKIZELA

Can you tell us your wish and the reason for your coming here today?

MS TSENZE

The thing that I want is to get some help with the injury to my head which is still troubling me.

MS GOBODO-MADIKIZELA

Is there anything that you would like to say before I hand over to my colleagues?

MS TSENZE

No there is nothing further.

MS GOBODO-MADIKIZELA

Does anybody wish to ask questions - Mary Burton.

MS BURTON

Yes Ms Tsenze our investigators did talk to some of the other woman - I just want to check that you can hear me and understand in is it Xhosa. Thank you - I just wanted to let you know that our investigators did check with some of the other woman who were involved in the cleaning up that day and so they have confirmed your story.

MS TSENZE

They were there but are you asking or telling me that they are confirming my story or asking?

MS BURTON

No I’m telling you. That’s right, but you said in your statement to us that you agreed that it was a good thing to clean the area and to keep it clean but, that, that was not the right way to make you to do it, is that right?

MS TSENZE

Yes that is so.

MS BURTON

And I wanted to ask you if that kind of thing happened in [indistinct] at the time, was that just one day or did you have that kind of experience on other days?

MS TSENZE

No it was simply on that day.

MS BURTON

Do you have any idea why the police came that day and acted in that way?

MS TSENZE

No I have no idea why they came and treated us like that.

MS BURTON

And can you tell me also if in [indistinct] at the time there was other political activity going on, meetings and protests?

MS TSENZE

Yes there were.

MS BURTON

That was just before this, was it?

MS TSENZE

Yes before we were beaten.

MS BURTON

What I am really trying to find out is why the police should have been so angry as to behave in that way, do you think it was because of that?

MS TSENZE

I cannot say. They could be angry with meetings but I cannot say.

MS BURTON

So from your experience it was just - it came as a complete surprise that this happened to you.

MS TSENZE

Yes we were taken by surprise with this assault as we were not prepared for it at all.

MS BURTON

Thank you very much.

MS GOBODO-MADIKIZELA

Mamma you can take off your earphones again. Thank you very much for coming and telling us how people have been bullied in these ways that you have described. As Mrs Burton has asked you, was this thing done to you out of anger by the police that they should have treated you this way and that I think is the truth of it.

When they’re angry they feel free just to storm in and bully people in the area and the reason for this beating is clear to us now at this point that people who were staying in their houses were simply stormed in upon and bullied in this way and told to clean the place where they stayed as if you don’t know that you should be doing that.

The request that you’ve made to the Commission we will investigate and see if there is anything that can be done to answer to your request. We will write to you and tell you of the progress that we make in this matter and the decisions that the Commission will arrive at, thank you very much.

 
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