DR RANDERA: Mr Ndlovu, good afternoon and welcome to you.
MR NDLOVU: Thank you.
DR RANDERA: You have had a long wait. I know you arrived yesterday already and you have come all the way from Christiana, the furthest point in this circle of towns that we are listening to for the next four days. I would like to thank you very much for coming all that way. Thank you, Sir.
MR NDLOVU: I also thank you, Sir.
DR RANDERA: Mr Ndlovu, you are also going to talk about incidents that happened to yourself and your family and your property. Before I hand over to Commissioner Yasmin Sooka, I would just like you to stand to take the oath, please.
JOE NDLOVU: (Duly sworn, states).
DR RANDERA: Thank you, Mr Ndlovu. Commissioner Sooka?
MS SOOKA
MR NDLOVU: I also thank you, Sir. Mr Ndlovu, you have quite a history and I think it would be best if you tell us first a little bit abour yourself, your background and what actually led to all of these attacks taking place against you.
MR NDLOVU: Thank you and I thank the Truth Commission for having listened to my complaint. I am from Christiana. In
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1986 we started with the struggle. Now this government, this oppressive government was in power and in 1990 we now operated very well. We negotiated with the council and as we were negotiating with the council we realised that the negotiations were actually not bringing any result. It was myself, Hottie and Dithejane.
We started talking with the comrades, and still then, the council was not helping us in any way. We sat with a group and we decided as to what we can embark on. We embarked on a consumer boycott. We wrote a letter to the council, telling them our demands. We told that our roads are in bad condition, there are no lights in the townships and we wanted the roads to be tarred. We wanted taps in our yards. We said to them we are giving you a period of three months, after that time we aren't saying anything, but we are going to take action.
Truly, the three months elapsed, and they didn't give us an answer. Most unfortunately the consumer boycott was in place. It was our responsibility as the leaders, and it went on.
Every time we went to our meetings we would see in our presence the CID. We told them that our area was very dark with no lights. They said it is true and it is your right to fight for that, we are now leaving, but when we come back, we aren't coming back as we did, we are coming with a different story.
My nickname was Vespa. Every time when they arrived they would bring in the local police at Christiana to ask us as to where we got the permission and who our officials were. But every time they would come to me I would keep quiet, I would not give them answers. It was our plan, we
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planned to keep quiet every time. When they came to ask me are you an ANC activist I would say yes, I am. They would say do you know that the ANC is banned, it is not existing at all. We would say no, we are affiliated to the UDF, we are operating a civic association, we are not fighting, but we are negotiating with the council to accept us as human beings.
Unfortunately, the police from Lichtenburg, from Potchefstroom, from Stilfontein, Klerksdorp, were sent in. When they arrived I was alone. Comrade Hottie was a teacher in Warrenton and I was left alone with the youth. They arrested all the youth and they put them in the cell. We started the negotiations again with the council, telling them are you now aware that the youth is being arrested for nothing. They realised that we were now fighting against the police and they realised that every time when the youth was arrested, I would go to them and the same day the youth would be released.
Mr Motala was the lawyer and Surtees Ruppa. At Watco these people came with advices, they helped us with legal advice. The people who helped us were Lemene, Vusi, Sidiso. We went on and they arrested our comrades. Our consumer boycott was very successful. We used to buy at Jan Kemp shops. They decided that Joe Ndlovu must be killed because he was actually the perpetrator of violence.
Every time they arrested me, they would ask me about what UDF is, where did it start, and I would tell them everything. The ANC was banned and it didn't exist at all. I said to them yes, the organisation that is in existence is the UDF and they took the comrade.
They took me into the cell. They don't say anything to KLERKSDORP HEARING TRC/GAUTENG
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me. They don't inform me and they released me. I was not even taken to the court of law. I went back to my place of work.
On the 4th of November, a group of taxi owners emerged. They proclaimed to be the Inkatha members. They were just the local people, not even one of them was an outsider. They hit me, comrade. They assaulted me on that day from seven o'clock and we were attacked at nine o'clock. I was the most attacked. Luckily enough, I knew beforehand that they were going to attack. When they arrived I was not at home. They broke my windows, they broke the doors. Bungwe took a spade and he shattered all the windows of my car. I was running for my life the whole night. They couldn't get hold of me.
Very early I said to them now you can come, because I can see you and people can also see you. And they left. There came an investigator. They were now coming for me. They were coming to arrest me. Instead of arresting the people who destroyed my house, people who chased me the whole night. They came for me. I said why. No answer and I was arrested and I was put in the cell for 48 hours. After those 48 hours I appeared before the court of law and the bail that was given me was R400,00.
This investigator was Investigator Lotter. They put me in the back of the van, and they took a tear-gas canister. They threw it into the van and they closed the same. I was coughing and on my release - we used our clothes actually to protect ourselves. Thereafter they let me out of the van. But they didn't let me go. They took me back to the cells. I was released on Wednesday.
We appeared again before the court of law. The
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situation was really bad the whole of that weekend. I think they knew how the young lions were feeling. The young lions were angry. They said we want Ndlovu out and the bail was given of R400,00.
I was then taken out and I was advised to lay charges against the people. Even today, I don't know what happened to the charges I laid. Every fortnight I would appear before the Court and I would be prosecuted and I would be asked why did I confuse matters at Christiana.
The case continued in February in 1991. I appeared again before a Court of law. I was found not guilty. I was not guilty and I was discharged. I wanted to know what happened to the charges I laid in November and still there was nothing coming up.
This other Adjudant Vorster said to me you, the children of Mandela, do not know what you want. You see already, Mandela is already dead. He is not even going to leave for two years, he is a dead man. What do you want after him? He said you are going to die in this prison. He said I am not giving you anything, there isn't any piece of information that I will give you; who are you to lay charges against the police. I left.
I spent three days and after those three days I was called once more like in 1991. You are now under arrest they said. I asked them what for. They said for intimidation. I said who did I intimidate. They said no, be quiet, we will talk when we arrive at the police station. It so happened that I forgot about this case. Every time I would be brought into the police station or the court of law, and I would be given another note that the case has been postponed.
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The person who was perpetrating all this was my colleague at work, and they said you know, this person is an activist and you work with me, you know his activities. We know the situation of the time. Christiana was very lucky, nobody died, but they did shoot three children. One was shot on the leg, one on the arm and one on the thigh. But everything was brought back to me as the parents were complaining. The police said the person who is using your children stays in your township and you don't say anything to him, but yet you come to complain here. At the end of it all the comrades turned their backs against me, telling me that I am misusing their children. I was released.
Since then - and the commander told them, I just forgot the name of the commander, but he said we do not want to see Joel Ndlovu alive, the next time when he comes here, he should be in the form of a corpse, we do not want to see him alive. He said because we talked to him, he doesn't want to listen.
They called investigators from John Vorster Square. The brigadiers would come to me. They would come and talk to me to depart from the ANC. I was now waiting and I did not know whether I was alive or dead. Every time I told them this is, I am belonging to the ANC not the UDF, they would say no, this is the ANC.
We went back to the original demands and we went to the municipal administration and no change took place. We said to them we are now moving forward. We are embarking on a three-month consumer boycott if you do not respond to our demands. They called us to the negotiations. As we sat around the table, we thought they were going to discuss the consumer boycott issue, but instead they told us that they
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were now handing out the arrest documents for all those people who do not pay their rent and a rent boycott was then called.
That is where I suffered most. That is where I actually suffered. I spent six days in the wilderness. I was suffering, I was battling. It was in winter. I was suffering. But God helped me because the police did not manage to kill me. Every morning at three o'clock, I would go to the police station and I would tell them I am in the wilderness.
I still remember this other one. They wanted to take April from me. When they were looking for me, they would use a helicopter. I would get into a hole and spend the night in the hole. But during the day I would go to work. But at about three o'clock I would go and report to the police station. There was a command that I have to come back to the police station dead not alive. But every time I go to the police station they would transport me with their car and take me home. That would be the end.
MS SOOKA: Thank you. I am just going to ask you a few questions to make sure that we have got the story down correctly. You say that you were the chairperson of the local civic association at the time. Is that correct?
MR NDLOVU: Yes, ma'am.
MS SOOKA: And because the civic had planned a consumer boycott of the White businesses, you had given them three months, and when the three months expired, the civics then decided to embark on this boycott. Is that correct?
MR NDLOVU: That's true, ma'am.
MS SOOKA: And this was because people in the townships were demanding water, electricity, a proper sewerage system and
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proper schooling facilities.
MR NDLOVU: Yes, ma'am.
MS SOOKA: That it was after that the first attack took place on your house. Is that right?
MR NDLOVU: Yes, ma'm.
MS SOOKA: Could you tell me, you talk about the fact that you also then decided to boycott local taxis. Was the local taxi owned by a policeman, because in your statement you talked about it belonging to a policeman.
MR NDLOVU: Yes, it is true. These taxis were not for policemen, these people were conniving with the police, with the local people to come and attack us.
MS SOOKA: You also mention that you were in, you were detained for three days, after the attack. Where were you kept?
MR NDLOVU: Christiana.
MS SOOKA: After that period, was there any other time that you were in detention?
MR NDLOVU: Yes.
MS SOOKA: Could you tell me for how long and where you were kept?
MR NDLOVU: At Christiana for the first time, it was before the consumer boycott, it was just detention without trial. They were just questioning me about UDF, and what is happening.
MS SOOKA: You talked about the fact that your case lasted for four months. During that time were you out on bail or were you kept in prison?
MR NDLOVU: I was outside with bail, bail of R400,00.
MS SOOKA: And the case that you actually pressed against the police, have you ever heard anything about what happened KLERKSDORP HEARING TRC/GAUTENG
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to that particular case?
MR NDLOVU: Nothing, even now I didn't even hear a thing.
MS SOOKA: Just for the record, did you instruct any attorney to act on your behalf?
MR NDLOVU: Yes. I had instructed - that's Mohamed Randera whom I have instructed to help me with the case.
MS SOOKA: One more question. After you were - the Court found that you were not guilty, did you press charges against the police for wrongfully, for malicious arrest and for detaining you? Did you ever bring any claim against the police?
MR NDLOVU: Yes, I opened a case against the police. Even up to now I don't know what, where the case is. They just gave me a card and even if you can go to the police station you won't get any kind of information in that regard.
MS SOOKA: Is there anything that you would like to add before I conclude with you and hand you over to the other Commissioners?
MR NDLOVU: Yes, I was asking that this Truth Commission should take steps against these four people, Bungewe, Snack and major steps against Lotter and again against Vorster, because those are the people who are responsible that I should be killed. Then thereafter, after they saw that we are now strong, they would send police from Christiana, Lichtenburg, Klerksdorp, Potchefstroom and Orkney, Stilfontein, Johannesburg, to mix them, to come and disturb us. When they come in they would look for my head. They were shouting my name, called Vespa. I could hear them from the distance. I would enter the house and run away because I was afraid to be killed. They went to call April. He tried, this April and then I went even and slept inside the
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jackal's hole. I even, I haven't put something so that snakes should not even enter there, because I was the only one who knew where I am sleeping.
MS SOOKA: Thank you. I think that we have noted, you have mentioned their names in your statement as well. We will certainly follow that up. I am now going to ask the other Commissioners if they want to ask you any questions.
Thank you very much, Mr Ndlovu for coming. Your statement has been very revealing about the kind of harassment that took place in your particular area. You yourself have been subjected, particularly, to many different forms, and the worst of it is the attacks upon your house and your family. That was a violation in itself. We thank you for sharing the information with us and we are also conscious of the fact that you in fact are telling us that something needs to happen about these people who have done all these things.
The Commission certainly is in the process of identifying people with information and shortly we will be releasing names of those whom they intend to bring in under section 29 of the Act. We again reiterate our invitations to those who have been guilty of gross human rights violations, to come in and apply for amnesty. Again, I say, that the date, the 15th of December is approaching very rapidly and we note that if you do not apply, you will lose a wonderful opportunity to be free of this heavy burden. We also think that it is very, very important for us to make sure that we know the truth of what has happened in our country. The only way we can do that is both victims and perpetrators come forward. So that justice can be seen to be done in the form of accountability for people's actions. KLERKSDORP HEARING TRC/GAUTENG
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We would like to thank you for reminding us of that duty. Thank you for sharing your story with us.
Faizel, are there any announcements that you would like to make?
DR RANDERA: Chairperson, that brings us to the conclusion of today's statements. I want to thank all those people who have travelled such long distances.
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