TRUTH AND RECONCILIATION COMMISSION

HUMAN RIGHTS VIOLATIONS

SUBMISSIONS - QUESTIONS AND ANSWERS

DATE: 26/28-08-96 NAME: MZUKISI PETROS MAPELA

CASE: EC /96 UITENHAGE

DAY 1

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CHAIRPERSON: ... by being assaulted while in detention when he was detained by security police, then lost his hearing and he cannot hear very well now, and it is thus crucial for me to sit next to him so that he can read my lips which I am talking, because he cannot hear me properly, so I am now going to sit next to him in order for him to follow the questions properly and also there taking of the oath. Thank you.

MZUKISI PETROS MAPELA: (Sworn duly states).

CHAIRPERSON: You will tell us today about the way in which you were assaulted in 1977. On the 12th September and when Steve Biko was killed, but your story will be about from June 16th, from the first anniversary of the day known as "June 16th". We would like you to start, look at me so that we can understand each other nicely, tell us where do you come from?

MR MAPELA: I am from Uitenhage, I was born around here, we were moved forcefully from Dgendeni to Nobuhle in 1976.

When we got to Nobuhle these things happened in 1976. In 1977 it was the first anniversary of what had happened in Soweto in 1976 and what happened in Uitenhage started with the students at Limberg High, were the students were demonstrating in the school yard and the soldiers were called and released the dogs to bite the students.

The students ran away into the location and stayed in the location and at that time I was working and I used to work night shift and I was woken by my friends and they told me that this incident took place at school, that people went into the location and burnt things there.

We got together and decided what we could do about this and we took a decision that we would burn government institutions such as, the first place was the bar, the second one was the rent office and the third one was the beer hall. It was a leisure place. That happened the night of the 16th June 1977.

When we did this, the police didn't arrest us and we went home, we stayed at home and during September one of us was arrested in connection with something else and after his arrest, it became apparent that he had burnt somebody else's house at Nobuhle and then this thing of our having burnt these things also came out.

MS GOBODO: So, when this guy was arrested in September he told the police what you people did on June 16. You are reminding us that in 1976 and 1977 a lot of buildings were burnt, a lot of government buildings, more so bars were burnt and this happened during the struggle of 1976 and 1977. Only buildings were burnt, so you also got involved in this when the first anniversary of June 16th was commemorated. I want you to tell us now about your detention, who detained you?

MR MAPELA: It was on a Monday afternoon in September at about 4.00pm, September 1977. I was at home when approximately seven or eight cars, police cars stopped. The police were with security guards and approximately five of them came in and one of them was Kuhlane, he was a member of the security branch and they told me to get dressed and that they were taking me away.

I got dressed and left with them. When we got into the car, there was a white guy sitting in the car.

MS GOBODO: What was his name?

MR MAPELA: First, he asked "do you know me" and I said "No". I said, "No, I don't know you, Mr White man," and he said "who is your white man", and I thought maybe he wants me to say "Baas" and I said "I don't know Baas".

MS GOBODO: Was he speaking Xhosa.

MR MAPELA: Yes, he was speaking Xhosa. And I asked him, "What do you want me to say?" and he said "Call me Radebe". So, I know him as Radebe.

The police van then left and Radebe was sitting here asking "Who do you think you are?" and we went to the charge office where the head office of the security branch was and when we got to the office there was one chair in this office and a table.

The chair was at the table. Radebe then came and sat on the chair.

MS GOBODO: Radebe is this white policemen?

MR MAPELA: Yes, he sat on the chair and sent the others to fetch him some water. The other two, he commanded the other two to remain behind and sit on either side of me. I had been placed on the floor. Can I demonstrate to you?

MS GOBODO: Yes, you may if you wish to.

MR MAPELA: Radebe was sitting like that and he handcuffed me to the chair in this fashion. So these two policemen were standing on either side of me.

MS GOBODO: What did Radebe do in dealing with you.

MR MAPELA: Radebe said that before he asks a black person anything he'd start by hitting them so that by the time he put the questions they had answered honestly.

There were three pipes, one of them was green and the ANC people were assaulted with that. The other one was a black one, Black Consciousness members were assaulted with that and Communist Party people were assaulted with the red one.

MS GOBODO: You say that Radebe had three pipes and he told you that the green one was to assault ANC people, the black one was to assault the Black Consciousness people and the red one was to assault the Communist Party people.

I would like you to tell us from thereafter he told you, after Radebe told you about these pipes and what he does with them, what did he say to you?

MR MAPELA: He then said that he would hit me with the green pipe, because he said I was an ANC crook. He then took the green pipe and when he assaulted me, he assaulted me on my head with this and if you tried moving your head, these two policemen on either side would hold your head, so that Radebe could hit you right on your head.

Radebe continued to hit me with this and they would bring him pies and cooldrinks and he would keep asking me who I was with when I went and burnt these houses. I answered Radebe, I said to Radebe, "I don't know who they were because it was at night".

At approximately 1.00am I had been severally assaulted by Radebe, this is 1 o'clock at night, so I started agreeing with what Radebe was saying. I agreed that I had burnt these places and Radebe made me write a statement and sign it.

There were policemen who kept coming in and out, black policemen, Kuhlane and Nokwe and Ndzengu and these were the ones that were sent and they were in and out.

While I was being assaulted they did not take any part. These were the ones that were sent for pies and cooldrinks. I was then taken to a Magistrate for a statement, I went with Kuhlane and when I came back, we brought the statement to Radebe and Radebe read the statement and said "Yes, this is exactly what I want you to say".

I was then taken to Rooi Hell.

MS GOBODO: What did the statement contain that you signed?

MR MAPELA: It was me agreeing that I had burnt the rent office and this bar and this beer hall. I did not say who I was with because I said it was dark and I couldn't see who the others were.

MS GOBODO: You were now taken to the charge office?

MR MAPELA: No, I was taken to Rooi Hell.

MS GOBODO: Is that the name of a prison?

MR MAPELA: Yes, it was a prison known as Rooi Hell.

MS GOBODO: Why was it referred to as Rooi Hell.

MR MAPELA: I think it was because of the way the people were treated there in jail.

MS GOBODO: That's understandable.

MR MAPELA: After being taken there I was told that I - I was taken on the 6th October to Algoa Court where my Attorney, Mr Nchinga was, and also this Radebe. The Magistrate was Mr Loots and he presided over my case and every time Radebe would speak to Loots.

I was then found guilty and sentenced to six years imprisonment. After being sentenced, I was sent back to Rooi Hell. When I got back there, there were people that had been sentenced before me in 1976 from Port Elizabeth and also people that were sentenced in 1977. When I was taken to Rooi Hell I was sentenced with criminals and we fought so that we could be separated from the criminals so that we could make a distinction between ourselves and the criminals.

MS GOBODO: Without interrupting you, I would just like to know after you were sentenced were you again assaulted in the cells?

MR MAPELA: Yes. We were. The assaults stopped after when we fought to be separated from the criminals because the criminals were working with the prison warders and, to try and get us out of politics.

MS GOBODO: When you speak about fighting with them, do you mean negotiating speaking to them?

MR MAPELA: Yes, we spoke. We said to them we shouldn't be with these people. We spoke to the person in charge of the prison.

MS GOBODO: So, you were fighting for your rights as political prisoners. I would like to know when did you realise that you had lost your hearing?

MR MAPELA: When we were fighting for our rights, it became apparent that Lt. Gerber who was in charge of the prison had called a warder for us. These warders assaulted us and I was put into solitary confinement. That was known as "Mkulu Kutu" imprisoned - that is now when you are put in solitary confinement and when you are in there, you don't have any rights, you don't receive any visitors or anything.

I was put into solitary confinement for 90 days. In this 90 days, I realised that I can't hear too well. There is this noise in my head and I was not sure whether Radebe was the cause of this or it was the prison warders.

MS GOBODO: I would like to know the injuries that you sustained after the assault from Radebe. We will refer to him as "Radebe". I would like to know what injuries on your body did you find after Radebe assaulted you?

MR MAPELA: Radebe assaulted me on my head, so my head was swollen and it was very sore and I couldn't even sleep on my back, even up to this day, I cannot lie on my back.

MS GOBODO: When they saw that your head was sore and swollen did they take you to a doctor for treatment, were you taken to hospital or to a doctor?

MR MAPELA: You would only get to see a doctor when you got to Rooi Hell and the doctor there was Dr Laing.

What he would do is he would take about two hundred people who were standing in a queue and get us all to undress. He would put one hand in his pocket, he would be wearing a stethoscope. He would be walking in conversation with this prison warder and just touch you with the stethoscope without even looking at your face and thereafter he would sign and say that there is nothing wrong with you.

MS GOBODO: Laing became very popular about something that he had done at the time of Steve Biko as well. Is this the same Laing that you say would just put the stethoscope on your chest without even examining you?

MR MAPELA: No, he wouldn't even look at your face. He would just put the stethoscope there and walk past you while looking at this prison warder who he was talking to.

MS GOBODO: In other words, he did not offer you any treatment or help or anything?

MR MAPELA: No. I only started receiving treatment after I was released. The South African Council of Churches sent me to Dr Breban and that's where I started receiving treatment, but Dr Breban and them didn't know what to do about the injuries that I had sustained on my head. A hearing aid wouldn't even help.

MS GOBODO: I would like us to speak about, you have already mentioned that your hearing was affected and that you cannot hear that well and I would like to know that now in your condition is there anything that you do now that you didn't do then. Could you just tell us a few of them, mention just a few of what has changed in your life?

MR MAPELA: Firstly, I lose my temper very quickly. Secondly, I am extremely forgetful. I forget very soon and I lose my temper very quickly.

MS GOBODO: Were you not like that before?

MR MAPELA: No. I was not. Something else is that I cannot sleep on my back, I cannot lie on my back. When I lie on my back, I experience nightmares.

MS GOBODO: Let us just ask you now, what are your desires, what would you like the Truth Commission to do for you?

MR MAPELA: My greatest wish is that I should receive a hearing aid. If I could get a hearing aid I would be able to hear so I would be able to communicate with people because Radebe and them, even if they were arrested, they wouldn't be able to bring back my hearing.

MS GOBODO: So, the main thing that you want is that your hearing, you receive a hearing aid so that you can communicate with people that you encounter?

MR MAPELA: Yes, I might even be able to earn my daily bread.

MS GOBODO: Unless there is something else that you would like to say, I would like to hand you over to our Chairperson. Is there anything else?

MR MAPELA: Yes, there were people that used to assist me. Dr Carstens used to treat me without me having to pay him.

MS GOBODO: So, you would like to express your gratitude to Dr Carstens?

MR MAPELA: Yes, I would like the Truth Commission to thank Dr Carstens for me.

MS GOBODO: Is he here in Uitenhage?

MR MAPELA: Yes. Somebody else that use to help me financially was Allen Greenstein. Allen Greenstein used to help me financially, he was a white man, he used to help me financially.

MS GOBODO: Thank you very much, I will hand you over to our Chairperson and see what he has got to say.

CHAIRPERSON: Mr Ntsikelelo Sandi.

MR SANDI: Thank you Mr Chairman.

Mr Mapela, let me put two questions to you. This Radebe that used to assault you, have you ever seen him again, in the road or anything and would you be able to identify him if you were to see him again?

MR MAPELA: I last saw Radebe when I saw him and Loots in court.

MR SANDI: Would you be able to identify him if you were to see him again?

MR MAPELA: I am not sure.

MR SANDI: At court when you appeared before Mr Loots, the Magistrate, did you tell him that you had been assaulted and you had been forced to make this statement?

MR MAPELA: I could have told him, but it didn't work like that because Loots, when I was charged, Loots was in cahoots with the investigating officer and this Radebe.

MR SANDI: Did you have any visible scars or injuries that Loots could see when you appeared in court?

MR MAPELA: No. You couldn't see them.

MR SANDI: Was it a while after you had been assaulted?

MR MAPELA: Yes, it was nearly a month after I had been assaulted.

MR SANDI: Finally, Mr Mapela, was it a common occurrence for Mr Loots, when an accused had been assaulted by the police, that when the accused told him that they had been assaulted that he wouldn't pay any attention to it?

MR MAPELA: He never used to pay any attention to it and also we found that the investigating officers and the Magistrates and the police used to work together.

CHAIRPERSON: Ms Tiny Maya.

MS MAYA: Thank you Mr Chairperson.

Mr Mapela, I just have a few questions to put to you. At the time you were assaulted by this Radebe, were you working or were you a student?

MR MAPELA: I was working. I was working at Good Year.

MS MAYA: Were you able to work after these injuries?

MR MAPELA: I was able to go back to work, but it became apparent that my employers did not want to accept me back because of my hearing problem.

MS MAYA: So, you lost your ability to earn your own living because of your injuries?

MR MAPELA: Yes, that is correct.

MS MAYA: At the time you were injured, were you married?

MR MAPELA: Yes, I was married already.

MS MAYA: Do you have any children, you and your wife?

MR MAPELA: Yes, we do have children. Three children.

MS MAYA: How old are they?

MR MAPELA: One is 10 years old, one is 8 years old and the other one is 7 years old.

MS MAYA: How do you survive at home, how do you make ends meet, since you don't work. Is your wife working?

MR MAPELA: My wife works. Yes she works.

MS MAYA: All in all, your wife supports you and your children because of the injuries that you sustained?

MR MAPELA: Yes, that is correct.

MS MAYA: Is there any assistance that you receive from the government in the form of a disability grant or anything?

MR MAPELA: No. As I said to you Allen Greenstein used to help me, but I never received anything from the government. The only money that I ever received was from the SACC after I was released from prison.

MS MAYA: Thank you very much Mr Mapela.

CHAIRPERSON: The Commission feels very strongly about the fact that the police who are responsible for much of the atrocities have been paid enormous amounts of money, either severance packages or as retirement grants etc. "Golden Handshakes" as Ms Tiny Maya is reminding me.

I sense that the witness feels very strongly that that money should be re-appropriated to people like himself, who are the victims of the atrocities of those policemen.

I wonder if you could put through a question to him, to establish what his attitude is on this matter, so that it is on record.

MS MAYA: The Chairperson explains that you are not happy with the manner in which policemen who were responsible for the assaults on you and things like that and your loss of hearing were the ones who received huge sums of money. The Chairperson also said that he understands that you have a wish that these funds should be re-directed because these policemen are basically being paid for the evil deeds which they did - that these monies should be re-directed to people such as yourself, so he would like your opinion on that so that it can go down on the records of the Truth Commission. MR MAPELA: For example, in the de Kok case. De Kok was given R1 m by the government - as a donation - and now that he has been arrested for killing people, even now he is being defended by the government and rumour has it that the government has spent R3 m on his defence, that means that the government has spent R4 m in de Kok's defence and we, the victims of people such as de Kok, it is difficult for us to even receive 10c.

CHAIRPERSON: Pumla, I wish to thank you first for the service that you have rendered to our hearing, especially by leading the witness and I wish to ask you to conclude by thanking the witness on our behalf, and also to mention to the witness that we have noted the fact that he has mentioned Dr Laing as one of the doctors who failed to live up to what he expects of a doctor when he was in detention.

Could you inform the witness that it is the intention of the Commission to hold a special hearing, where we will call people who are mentioned in our hearings in this manner and ask them to account for what they did or did not do so that we have got a clearer picture of these events.

Could you also mention to him that we have noted his request that we convey his thanks to Dr Carsten and to Dr Greenstein who rendered, Dr Carstens rendered him free treatment when he was requiring one as a result of this injury and Dr Greenstein offered him financial assistance. We will write letters to these people and thank them for these kind gestures.

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