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Human Rights Violation Hearings

Type HUMAN RIGHTS VIOLATIONS, SUBMISSIONS QUESTIONS AND ANSWERS

Starting Date 12 June 1997

Location EAST LONDON

Day 4

Names MANTOMBI MARIA BEN

Case Number EC1566/97NWC MDANTSANE

REV XUNDU: OPENING PRAYER.

CHAIRPERSON: Thank you Reverend Xundu for your prayer. You have reminded us that today we are hear to listen to different women and to different contributions in our struggle of this country. We will now call people, witnesses who are going to appear before the Commission today. Thank you. Mrs June Crichton will read out the list for us.

MS CRICHTON: Thank you Madam Chair. We will be hearing today cases and I will be mentioning the name of the witness, then of the victim, the nature of the violation, the area from which they come and the year in which the event took place. The first witness Nomalungelo Mcata speaking about herself and Lawrence Mzwanda Mcata on matters of severe ill-treatment of herself and the killing of Lawrence Mzwanda in Mdantsane in 1980 and 1985. The matter of Mantombi Maria Ben about Lena Rasmeni, the nature of the violation severe ill-treatment in Port Elizabeth in 1985. The matter of Noxolo Mjila about herself, attempted killing, Mdantsane in 1993. Witness Nosiphiwo, sorry, Nosiphiwo Damane about herself, attempted killing in Pietermaritzburg in 1988. Funeka Voyiya will testify about herself, attempted killing in East London, Duncan Village, 1985. Nothemba Fazzie about Mzwanele Fazzie and his killing in East London in the Lesotho raid and Sicelo Zweliyazuza Fazzie, killing in East London, Lesotho, 1984. The witness Nyameka Nondabula about herself, severe ill-treatment in Mdantsane in 1986. Ntombizondwa Norushe, self, torture in Bisho in 1982. Regina Nontsikelelo Mngadi about herself, torture in Port Elizabeth between 1978 and 1986. Jane Nomakhepu Ntsatha about herself, severe ill-treatment, Barkley East and King William's Town, 1981 to 1983. Nosipho Blossom Marwezu about herself, torture and severe ill-treatment in East London in 1986. Nosipho Loliwe about herself, attempted murder in East London in 1990. Patricia Gxidi about herself and about Lwando Gxidi, severe ill-treatment in both cases in Whittle-Sea in 1985. Thank you Madam Chair. Apologies, I have left off Shumikazi Sara Jako about herself, torture and severe ill-treatment in East London between 1963 and 1978. Thank you Madam Chair.

CHAIRPERSON: Thank you Mrs June Crichton. We would request everybody to stand up so that we can remember those who passed away.

SONG IN REMEMBRANCE OF THOSE WHO PASSED AWAY

CHAIRPERSON: We remember Lawrence Mzwanda Mcata, Mzwanele Fazzie, Sicelo Zweliyazuza Fazzie. May they rest in peace oh Lord. Thank you. We welcome everybody present here today, especially the witnesses who are going to testify today. We know that it is very cold outside, but we thank you for being here. We would like to ask you, to tell you that this is your day women. We want you to take your time to tell us your stories and to share with us your pain, but we have a problem we encountered yesterday due to electricity. We would like you to co-operate with us to try and save time, but do not feel as if you have to, you do not have to tell your whole story. This is an important day, because Thursday is Womens' Day. It was set aside for women to go to different churches and we hope that with their prayers we are going to get strength.

Because of time problems we would like to make a request to thank you afterwards. We will have a women who is going to tell about the struggle of women, Priscilla, who was a member of Committee of Ten. After that we will have Dr Smangele Magwaza next to me. She is from Durban and I would like to introduce her. She is Dr Smangele Magwaza from the Reparation and Rehabilitation Committee. She is staying in Durban. She came here today to assist us on this important day of women. We thank her. We will now start with our first witness and Mrs June Crichton will lead the witness. Nomalungelo Mcata, is she here. We will now call Mantombi Maria Ben to come forward.

MS CRICHTON: Are you going to swear her in?

CHAIRPERSON: Welcome Mantombi. Please stand up so that we can help you take an oath.

MANTOMBI MARIA BEN: (Duly sworn in, states).

CHAIRPERSON: Thank you. I will now hand over to Mrs June Crichton.

MS CRICHTON: Thank you Madam Chair. Good morning Mrs Ben. Can you hear me?

MRS BEN: Yes, I can hear you.

MS CRICHTON: Mrs Ben, you are here today to talk about your mother, Lena Rasmeni.

MRS BEN: Yes.

MS CRICHTON: Before you start I would like to just clarify one point that is incorrect, I think in the statement that have in front of me. Did this incident that you are going to talk about happen in Port Elizabeth or in Cradock?

MRS BEN: In Cradock.

MS CRICHTON: Thank you, yes, that is what I thought. The incident you are going to talk about is one of the most horrific incidents that happened to women and it could not have been easy for you as a daughter to know that this happened to your mother. I believe that your mother is now deceased. Is that right?

MRS BEN: Yes, that is correct.

MS CRICHTON: In what year did she die?

MRS BEN: In 1993.

MS CRICHTON: And the incident that we are going to talk about, of the rape that she experienced, was on the third of August 1985. Is that correct?

MRS BEN: Yes, that is correct.

MS CRICHTON: I am going to hand over to you now to tel us the story of what happened regarding that incident. Thank you.

MRS BEN: I was not present when this incident happened. I was in the farm. It happened on a Saturday. I came home on a Monday. When I arrived home I was told about what happened. My mother was sleeping at home, she was sick. I asked what happened. She told me. She said that it was at night on Saturday, she was at home. She heard people outside. When she was going to see what was happening she met the police. The police took her, forced her into a hippo and they took her to the bushes in Mission. Two police were left with her. The two policemen raped her and then they left her in that area. She woke up and she went to a coloured township, to Bongweni to my uncle.

When she got to my uncle, my uncle took her to the doctor. On the following day he then took her to the police to report this matter. The police asked whether she knew the people who did this to her. She said no. The police then said that there is nothing to be done if she did not know who these people were. What happened when I got there is that I went to the Street Committee to ask for advice. They then asked me to tell them the story. After that Mr Goniwe, who was a Comrade, called ANC lawyers. The lawyers got there and they took my mother with. They then returned her back home saying that they will come again to pick her up.

The came and picked her up. When she came back on this last occasion they said that they found the White men who did this to my mother. After a month, I think two months, we received a letter saying that the White men who did this were found and they have been fined. They have been fined R7 500,00 each. I took this letter to these people, those who were handling this case. They told me that the lawyers passed away so nothing will continue after that. That is all my story.

MS CRICHTON: Now, you are saying that the people who raped your mother were police. Were they police or SADF?

MRS BEN: They were soldiers.

MS CRICHTON: They were soldiers. You are also saying that you did not appear in the court or your mother did not appear in the court at all. Is that correct?

MRS BEN: Yes, that is correct.

MS CRICHTON: Do you know whether she received any medical treatment after the rape?

MRS BEN: Yes, she did receive medical treatment.

MS CRICHTON: Where did she receive that?

MRS BEN: In Cradock in the clinic.

MS CRICHTON: How did the rape effect your mother?

MRS BEN: This rape injured my mother, because after that she suffered from epileptic fits.

MS CRICHTON: How do you, Mrs Ben, feel about the fact that people who had raped your mother, who at that time was a 65 year old woman, was simply fined R7 500,00 and allowed to go back, presumably, into the army again? What does that make you feel?

MRS BEN: This is a pain to me, because my mother died afterwards.

MS CRICHTON: If these people were to seek amnesty for the deed that they did, how would that make you feel?

MRS BEN: I do not know, because up until today I am not satisfied about what happened.

MS CRICHTON: Mrs Ben, are there any other children, did your mother have other children?

MRS BEN: Yes.

MS CRICHTON: Will you tell me how, if there are any that are still dependent that you are looking after.

MRS BEN: Yes, two of them.

MS CRICHTON: Their ages.

MRS BEN: One is 36 years old and the other one is 21 years old. One is 36 and the other one is 24.

MS CRICHTON: Mrs Ben, in coming here today what were your expectations from the Commission? What were you hoping that the Commission would do for you?

MRS BEN: I would like the Commission to help me with a tombstone for her grave.

MS CRICHTON: For your mother's grave?

MRS BEN: Yes, my mother's grave.

MS CRICHTON: Is that all that you wish to ask of the Commission at this stage?

MRS BEN: Yes, that is all.

MS CRICHTON: Is there anything further that you feel you would like to say that you might have forgotten at this point?

MRS BEN: No, that is all I had to say.

MS CRICHTON: Mrs Ben, we thank you for bringing this painful story to our attention. In this day and age when rape is such a common thing, it is still shocking to hear that two young White men should rape an elderly woman such as your mother. We extend our sympathy to you for an event that happened many years ago, but that has affected your life even up to now. Thank you for your courage in coming forward to tell us about this. We will, as the Commission, take note of what you have asked for about the tombstone and submit that recommendation to the President. Thank you very much. You may leave the stand. Thank you, just, no, before you go, it might be that my colleagues would want to ask you questions. So I am going to hand you back to the Chairperson.

CHAIRPERSON: Thank you Mrs Crichton. We thank you Mantombi. We have no further questions.

 
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