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Human Rights Violation Hearings

Type HUMAN RIGHTS VIOLATION HEARINGS

Starting Date 09 October 1996

Location KAROO

Day 3

Case Number CT/01509/KAR

Victim SOLANI GCANGA

Testimony SONALI GCANGA

Nature SEVERE TORTURE AND, DETENTION

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MS BURTON

Good morning. Can everybody hear all right.

SOLANE GCANGA

Yes we can hear.

MS BURTON

Mr Gcanga, please will you stand to make the oath.

SOLANI GCANGA Duly sworn states

MS BURTON

Ms Mlauli you are going to be the one speak, is that right. Will you also make the oath then please. Would you stand.

MS MLAULI Duly sworn states

MS BURTON

Please sit down. Is your son also going to speak. Thank you. I will then hand you over to Ms Seroke.

MS SEROKE

I welcome all of you today and I would like the briefer to switch on the microphone. Thank you. We will start with Mr Gcanga. You both came you all came here, the three of you, because you story is similar. The story of Mr Gcanga and Patrick Galawe. We will start with Mr Gcanga.

In your statement you have stated that there were events in Colesberg from the 2 July until the time you arrested and you were tortured. Will you please tell us what happened to you.

SOLANI GCANGA

It was on the 3 July. It was in the morning. We were toi-toiing. We were toi-toiing from the Apostolic church. While we were still toi-toiing, there is another church, the Methodist church. We left we were a group of people and we left the toi-toi at that time.

I was on my way home at that time and I met my friends on my way home. We stayed on the way with my friends, but not in the main road where people were toi-toiing in the other street. While we were still in that street, police came with a Casspir and they came to watch us. They had binoculars with them. They came to the place where we were staying. As we see the Casspir was approaching us, we decided to go to one of the nearest houses, Ms Lutolo’s house.

The police stopped the Casspir near this house. The other police went in the back door and the others came through the front door. They found me inside the house. They didn’t say anything. They didn’t ask anything from us. The first policeman names Jansen touched my shoulder and he dragged out of the house in the front door and he kicked me and there was a policeman waiting for me outside the house. They beat me with their guns, their rifles, they kicked me and they took me to Casspir. They put me inside the Casspir. The Casspir has got two seats inside and their is a passage in the middle. I was told to lie down flat on that passage between the seats. They kicked me severally at that time. They stamped me, they stamped on me.

And all this time they were kicking me, they placed me on top of the Casspir with a sjambok around my neck and around my waist. They were beating me all this time. They told me to toi-toi, because I was toi-toiing. They told me to say Viva and I did all that. They were assaulting me all this time with their sjamboks. All this time this police were beating me and they moved they drove the Casspir to town and I saw two police vans, a brown and a yellow one. They transferred me from the Casspir to the van.

While I was in the van I think they arrested me at about eleven to twelve p.m. Before one o’clock the police came back and Chris was one of the police who was there. He was a detective here in Colesberg, initially he is from Aliwal North. He accused me of burning his car. He came to me with one litre Coca Cola. He opened and entered inside the van. That litre of Coca Cola was empty. He knocked me with that empty bottle on my left eye severely. The one white policeman came and he dragged him out of the van trying to stop him from beating me. The Hippo was following the van and they took me to the police station with the van. [Indistinct]

I was taken out of the van and they were beating me and assaulting me all the time. I was taken to the charge office. Chris came from the Casspir and he took me to the back. Through the back door of the police station. He took me to shower in the police station. What they did to me in the charge office, Chris opened the shower, the tap of the shower, together with Jansen. Chris had a cane and Jansen had a sjambok in their hands. Chris put me under the shower and accused me of burning his car. He was asking me why I burned down his car. I couldn’t answer him at that time. I was crying all the time. They didn’t stop.

When they finished with beating me, the took me to another room. In that room there many policemen waiting for me there. The first policeman showed me tied my hands and there was one policeman with an axe handle. All of those policemen who were in that room, they assaulted me several times with this axe handle. They gave each other a chance to beat me. They didn’t stop. They put a sack in my face. And they twisted my private parts. I couldn’t see at that time because the sack was in my face. They at this time my face was still covered with the sack. They didn’t stop there. There is a drawer in that room and they took my private parts and put them inside the shelves and close it hard. And they then took me outside and then they took me inside again to do the same thing to me again. That was not all they did to me.

They took me to another room, the third room. When I got in that third room, they were boers in that room, the white men. They assaulted me. They were beating me up. They were doing all this dirty work to me. I was taken out of that room, it was late. At about midnight they took me to the garage. When I got in the garage there was a van in that police garage. They took me to the van.

In all this time, I was naked all this time. They took off my clothes. They took me to van and they told me to lie there. When I look inside this van, there was blood all over the van. I couldn’t sleep in that van, because I was so scared. I saw blood all over the van. I stayed there for ten minutes and they took me out of the van. I think it was about six to eight boers who came to take me out. There were also black policemen who were there. They had R1 rifles with them. They took me out of the van to the gate. They told me to run. I refused to run away. I refused to run away.

They took me inside again. They were beating me and assaulting me all this time and I was naked. They took me to the front door of the police station. It was during the time at that time at about two. My attorney phoned them and told them they must release me and that was when I was released and I went back home. Thank you.

MS SEROKE

How old were you at this time when the police arrested you?

SOLANI GCANGA

I was seventeen years old.

MS SEROKE

What standard were you doing at school?

SOLANI GCANGA

I was in standard six.

MS SEROKE

You said that they arrested you because you were toi-toiing. Why were you toi-toiing. What was happening in Colesberg at that time of the 2nd and 3rd of July.

SOLANI GCANGA

Firstly we there were some issued we demanded from the police and we told them that if they didn’t answer us on the second, we will protest. So that’s why we were toi-toiing.

MS SEROKE

You decided to toi-toi because they did not answer your demand.

SOLANI GCANGA

Yes, but we did not do anything. We not destroying anything, we’re just toi-toiing.

MS SEROKE

But these police, they just chased you.

SOLANI GCANGA

Yes, they chased us, but we didn’t do anything. There was nothing wrong we did at that time.

MS SEROKE

You say they took you to the Casspir. They hung you from the top. What do you think the reason was for them to do this. What did they want to happen.

SOLANI GCANGA

When they did this to me they wanted to kill, because they knew that what they did to me was a bad thing. Everybody who saw this didn’t like it.

MS SEROKE

In other words you say that they were showing other people what would happen to them.

SOLANI GCANGA

Yes, I think so.

MS SEROKE

You say Chris when he was assaulting you, he accused you of burning his car. Did you do that?

SOLANI GCANGA

No, I did not burn his car.

MS SEROKE

Was his car burnt here in Colesberg.

SOLANI GCANGA

Yes, it was burnt after I was detained.

MS SEROKE After you were detained.

SOLANI GCANGA

Yes, after I was detained.

MS SEROKE

When they took you out of the Casspir to the van, were you alone at that time or were there any other people who were with you.SOLANI GCANGA

When they were assaulting me, I was alone in the van, but when I got to the charge office, there was another guy who was there and I think people of Colesberg did not know that there was another man who was arrested.

MS SEROKE

Who was that person?

SOLANI GCANGA

That person is the one next to me, Patrick.

MS SEROKE

He was there?

SOLANI GCANGA

Yes, he was also there, but I met him in the police station.

MS SEROKE

They took you out when you released from the charge office, did you go to any doctor. Were you injured in any way.

SOLANI GCANGA

Yes, I did go to doctor Moola in De Aar. On the fourth if I am not mistaken. My parents took me to this doctor in De Aar.

MS SEROKE

When you got better did you lay any charges against Chris and Jansen, the policemen who were assaulting you.

SOLANI GCANGA

When we came from the doctor, my family decided to make a claim. The police heard that we were laying a charge against them. And what they did, they charged me with public violence.

MS SEROKE

Were you arrested because they laid a charge against you for public violence?

SOLANI GCANGA

I couldn’t continue with my claim, because when my parents were laying this charge, I was the one who was charged and it was the policeman’s charge which continued.

MS SEROKE

Who was your attorney at this time?

SOLANI GCANGA

It was Mpati from Grahamstown.

MS SEROKE

And what happened to the police case. Were you charged or what happened?SOLANI GCANGA

Yes, I was charged and I was sentenced and my case just disappeared.

MS SEROKE

You’ve already said that Chris is in Aliwal North and where is Jansen?

SOLANI GCANGA

They do know him here in police station where he is, because the police who did this to us in 1985, was still here and the policemen there in the police station, they do know where Jansen is.

MS SEROKE Is he still a policeman?

SOLANI GCANGA

I don’t know, but I think the policemen in the police office know about Jansen.

MS SEROKE

What are you doing now Solani?

MS SEROKE I am just sitting at home doing nothing. MS SEROKE

Is it because you cannot work.

SOLANI GCANGA

Yes, my health is not good.

MS SEROKE

Please explain.

SOLANI GCANGA

Since I was beaten up by these men, what happened is that my left eye is blind. My left eye in impaired and I have a problem with my left ear. I cannot hear clearly and my whole body is not functioning well. If the weather is bad, I feel pain in my chest. And my parents tried to take me to different doctors. I do go to doctors now and again. The doctors said my body is damaged. They cannot help me, but what they can is to give me pills now and again to stop pain.

MS SEROKE

Are you under your parents now.

SOLANI GCANGA

Yes, my parents are supporting me.

MS SEROKE

What are they doing now.

SOLANI GCANGA

They are pensioner, they are both pensioners.

MS SEROKE

Do you have any other brothers and sisters.

SOLANI GCANGA

Yes, I do, but they are not living with us. They have their own houses.

MS SEROKE

Are you married.

SOLANI GCANGA

No, I am not married.

MS SEROKE

Do you have any children.

SOLANI GCANGA

Yes, I do.

MS SEROKE

How many.

SOLANI GCANGA

I have two children.

MS SEROKE

Who supports your children.

SOLANI GCANGA

My parents support these two children, but they are staying with their mother. I cannot support them. It’s just my parents who help me to support my children.

MS SEROKE

Thank you I will give this opportunity to Patrick’ mother, Martha. Don’t take off your earphones, because you have to listen.

MS SEROKE

Greetings to you Martha. Good morning ma’am. You are going to tell us about Patrick who is sitting next to you. Can’t Patrick speak for himself, why must you speak for him.

MARTHA MLAWULI

Patrick is sick Ma’am.

MS SEROKE

Please come closer to the mike so that we can hear you.

MARTHA MLAWULI

The reason why I have to speak for Patrick because even initially I am the one who spoke up for him. Patrick is not well.

MS SEROKE

What is wrong with him?

MARTHA MLAWULI

Patrick was ill from very early age, but now he is mentally disturbed. He is mentally disturbed.

MS SEROKE

We understand ma’am. Could you tell us according to your perspective Patrick’s condition.

MARTHA MLAWULI

In July 1985 at two o’clock I was knocking off from work. I was told that Patrick was taken by Casspir. The following morning I went to the police station to ask the police not to beat Patrick, because Patrick is not well. It was locked at the police station. No-one opened the door for me. I was asked to knock at the back door. I knocked until the opened. There was a white policeman there. I asked where Patrick was. They said they have never heard of him. I said you took Patrick in a Casspir. I banged on the counter. I said my child is here with the police.

Patrick then leapt from amongst the police. They had hidden him in the most atrocious way. Patrick then fell. I asked why are you hiding Patrick. What has he done. Why are you treating him like this. Why would he leap only when I banged the counter. This man then said he does not know what Patrick has done. I should go and ask the police in the Casspir. I went back to the township. I accosted the Casspir. I asked the police in the Casspir what police has done. What Patrick had done. I said Patrick is not well, he is not healthy. Please give him back to me. They refused. They said is they would find Patrick in the streets, they would shoot him.

MS SEROKE

Please just tell us clearly. Had they put Patrick in a locker or what.

MARTHA MLAWULI

No, Patrick was between the wall and the locker. There was a small space between the wall and the locker. He was all curled up.

MS SEROKE

Do you think they were trying to hide Patrick from you.

MARTHA MLAWULI

Yes, they were. They did not want me to know that Patrick is present.

MS SEROKE

Please go on ma’am.

MARTHA MLAWULI

I then accosted these police in the Casspir. They refused. I told them Patrick is not very healthy, therefore they should not beat him. They said they would look well after Patrick. But when they went to drink their tea, the would assault him, asking him questions that he does not know anything about.

Throughout the night they assaulted Patrick. By the time Patrick got to me, at about twelve, Patrick had marks on his body, a blue eye. I asked Patrick what happened. Patrick said he was going to his friends and when he was close to the Roman Catholic church, a Casspir accosted him. They shot him with a rubber bullet. They then assaulted him.

They threw him into a Casspir, driving him to the police station, assaulting him the whole time. They were asking him everything, things that he did not know anything about. They threw him in a van full of blood, splashing him with water. They assaulted even him groin area.

There was Chris Lebane next to the van. They assaulted Patrick saying that Patrick is their enemy.

MS SEROKE

Was Patrick at school at the time.

MARTHA MLAWULI

Yes, Patrick was at school.

MS SEROKE

Was he a member of the youth congress.

MARTHA MLAWULI

I don’t think so, because Patrick was quite young.

MS SEROKE

How old was he then.

MARTHA MLAWULI

He was fifteen. He was in standard two.

MS SEROKE

He was in standard two.

MARTHA MLAWULI

Yes, he was. After they assaulted Patrick, they took him out of the van that was full of blood. They detained him. The next day they told him could go home.

MS SEROKE

Did you try to take Patrick to the doctor.

MARTHA MLAWULI

When he got home, I was too scared to take him to the doctor, because I thought if he is out in the streets, then they would re-arrest him. I thought a van would be waiting for him somewhere to re-arrest him

MS SEROKE

Thank you ma’am. I want to question Solani. This van that was full of blood. Where was this blood from.

SOLANI GCANGA

This was people’s blood. People that was shot in the township. Because as they had put us in the van, they had told me that I was going to sleep in the van, because this blood belongs to dogs, your dogs, we have shot them in the township.

MS SEROKE

Were they trying to scare you, saying that this blood belongs to people, people that had been killed.

SOLANI GCANGA

They were not scaring us, they were giving us facts, because this had happened. I was not there when this happened, but they were telling me facts that they had shot people in the township.

MS SEROKE

Thank you.

ADV POTGIETER

[Indistinct] had said that when you were at the police station, you saw Patrick sitting next to you at the police station. Is that correct?

SOLANI GCANGA

I met Patrick at the police station. That is so.

ADV POTGIETER

Have you witnessed any assaults on Patrick while you were there at the police station?

SOLANI GCANGA

Yes, I would meet with Patrick now and again. What they did to Patrick, they had done to me too.

ADV POTGIETERNow you say you met him now and then. Did you see any assaults being perpetrated on him or did you see injuries on his body or did he tell you about assaults. What happened?

SOLANI GCANGA

We were beaten together, assaulted together.

ADV POTGIETER

[Indistinct]

SOLANI GCANGA

Yes sir.

ADV POTGIETER

Can I just ask you to move the mike to Ms Gcanga. Just one issue ma’am. You said that you were afraid to take Patrick for medical treatment, because if you do that the next thing that happens is that the police come and pick up or pick the person up again.

MARTHA MLAWULI

Yes, it is so. I was very scared.

ADV POTGIETER

That was what was going on at that stage. If you go to a doctor for treatment, you come outside, there is a police van waiting for you.

MARTHA MLAWULI

That was the situation.

ADV POTGIETER

As if there was some co-operation between the doctors and the police, because it appears as if the doctor or the doctor’s staff would notify the police if somebody comes for treatment who was injured in a political situation. Would that be a fair summary of the situation?

MARTHA MLAWULI

Well, it might have been so, because that’s what would happen.

ADV POTGIETER

Thank you very much ma’am.

MS SEROKE

Martha, you said Patrick was not healthy, even from an early age. What then happened after all this.

MARTHA MLAWULI

His health deteriorated. He is mentally disturbed to this day. He does not work. He does not do anything. He’s just in the township. Sometimes he does not even know who he is.

MS SEROKE

Have you tried to get him a disability grant.

MARTHA MLAWULI

I thought of that and I tried to get it.

MS SEROKE

Is he on this disability grant.

MARTHA MLAWULI

Yes, he is.

MS SEROKE

In your statement what you not said now, you have not mentioned, you said that you accosted the Casspir and made them stop. I appreciate that, because it is only a mother’s love that could bring about, evoke such determination. Thank you for that ma’am.

MS BURTON

I just want to ask one question of Mr Gcanga please if you could pass the microphone again. Mr Gcanga I just want to make quite sure that our papers are all correct here. In the written statement that was typed after you made it, it says that you are currently staying at number 12 Phatsha street and then it said Knysna. Is it Knysna or is it Kuyasa or Kayasa?

SOLANI GCANGA

No, I stay in Colesberg, not in Knysna.

MS BURTON

[Indistinct] of Colesberg.

SOLANI GCANGA

In Knysna.

MS BURTON

No, no is there a township in Colesberg, what is the township where you stay, was the are where you stay.

SOLANI GCANGA

Kuyasa.

MS BURTON

[Indistinct] was reading Kuyasa. They read Knysna and typed Knysna by mistake in the statement. So I am just going to correct it. So it will say number 12 Phatsha street, Kuyasa. O.K., thank you.

SOLANI GCANGA

Yes ma’am it is so.

MS BURTON

Yes, I did correct that. Thank you very much. I would just like to say to all of you thank you very much for coming today. Two young men who had a really terrible experience which has affected your lives right through until now and we hope that from now on things will be better for you.

That it will have helped you a little bit to talk about your experiences, but we also realise that you need help, that you need to be able to find work or in the case of Patrick to be able to obtain a disability grant and we will see what can be done to help to point you in the right direction. We really are grateful for you for coming today and we just want to ask if there is anything that you want to say finally before you leave. Mr Gcanga you want to add anything. Ms Mlawuli you want to say anything else.

MARTHA MLAWULI

I have nothing else to say. Thank you very much indeed then.

MS BURTON

Mr Gcanga you want to say something.

SOLANI GCANGA

Yes, I have something to say. Can I talk now? I request of the Truth Commission please investigate. I want to know the perpetrators. Again I will request the Truth Commission. My parents have spent a lot of money on me. I go to the doctor. Nobody gives back that money. Could you help me with my treatment with the doctors? Thank you.

MS BURTON

Mr Gcanga, let me explain that what the Commission is able to do is not in fact give out funds to for instance as you say reimburse your parents for their medical expenses with you. At the end of the procedures, we will write a report which will recommend to the President and the Government steps that should be taken and it would be that some compensation the medical treatment might be one of those steps.

We don’t know at this stage what that will be. At the same time we also have our reparations and rehabilitation committee which can in some cases intervene to give urgent interim assistance and it is possible to make application for such assistance. So in the meetings that you will have after this hearing, we will explore opportunities of what can be done. Thank you very much.

SOLANI GCANGA

Thank you.

 
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