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Human Rights Violation Hearings

Type HUMAN RIGHTS VIOLATIONS, SUBMISSIONS QUESTIONS AND ANSWERS

Starting Date 04 September 1996

Location NELSPRUIT

Names MR SHADRACK THAMSANQA HLONGWA

Case Number 1327

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+mkhize (+the +family)

CHAIRPERSON: Mr Hlongwa, are you able to hear me? Could you tell us who the lady is who is accompanying you so that we may welcome her?

MR HLONGWA: She is my mother.

CHAIRPERSON: Welcome Mamma, to the Truth Commission hearing. Mr Hlongwa, before you start your story we will ask Mr Lewin to ask you to take the oath, please.

MR LEWIN: Mr Hlongwa, if you could please stand?

SHADRACK THANSANQA HLONGWA: (Duly sworn, states.

CHAIRPERSON: We will now ask Ms Mkhize to assist you with the telling of your story.

MS MKHIZE: We welcome you. I request you if you try and speak loud so that people should hear you. I will request you to tell us your story. Tell us briefly about yourself and what happened in 1986, what were you doing, how were you involved and how did you make a living.

MR HLONGWA: In 1986 I was a fellow person, a person who was working, working for the people. When I say people I was a pastor. I was helping people and trying to assist them as a pastor. You will excuse me, sometimes it is not easy for me to speak a little bit faster, because I was actually hurt. In 1986 there was this political activities, more especially in our area. It was on the 6th May 1986. There were comrades who were toyi-toying and the burning vehicle belonging to Mr Makoa. As we were, as we heard about this

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story, we heard from outside there was some loud noise and we heard that people were running up and down, going up and down where the car was busy burning. Myself I went and stood at the corner, looking as to whose car was burning there. We stood together with the other boys and some elderly people also. The car was burning. Police arrived there. On their arrival, on the very same place. They looked around, trying to extinguish the fire. From there I turned around. I said well, I am going back; I must go and prepare myself for the evening service. I was supposed to be in the evening service at the Pachmine. I went back.

After some time unexpectedly as I was trying to arrange some transport and to check whether people were available for the service and they were actually coming for transport for me and then I saw the policemen coming. On their arrival there they found me there. At that time it was the time when the state of emergency was on. The car was already burnt.

In the evening on the same day or when the police arrived, they started clapping me. They said to me I burnt the car to Mr Makoa and I burnt also the house belonging to Mr Mlameni. I said to them myself, no, who said so? They said no, don't tell us rubbish; you say you are a minister, a minister for what? You are a minister for rubbish, don't tell us rubbish. I kept quiet. Then my mother said no. Then they said prepare a coffin, because from here we are going to kill him. Then they said if we kill him, there is no problem about that. Ourselves, actually, we don't even put the mourning garment. They took me then.

They took me to the police station. On my arrival at the police station, as I was entering the office, and they

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stood and some came to me and they started hitting me, beating me. They were hitting me, I mean, hitting me by fists. Some had batons. Mr Stoffels. He was actually beating me here on the genitals. I had to jump. I jumped once and I fell down. I kept quiet for a while. I fell down, my whole body was painful and I was feeling pain. Then they said I should stand up. They asked me the very same question why did I burn the car. The van belonging to Mr Makoa. I said to them no, I haven't done anything wrong, I don't know anything; I was not even there when this thing happened. They said to me yes, you yourself, you think you are a minister of religion, you tell the people that you are a minister and yet you are a minister of the comrades. I kept quiet.

At that time it was during the time of political activities. At the police station there when we left the place, I refused actually to give, to make a statement. I said I can't, I can't give you a statement of something which I don't know of.

They kicked me, they tortured me and they took the car jumpers. They connected me on my genital organ and then they connected them on my toes. Then they connected that to the extension. They switched on, I jumped. As I was jumping up I fainted. After fainting I gained my consciousness. Then I asked them what wrong have I done to you, why are you torturing me, why are you killing me, and you are just doing this for something which I don't know. They said to me, Mr Dlamini said to me, yes, yourself, you tell us that you are a pastor, you are a minister of rubbish. They took me, they locked me in.

The following day they took me again. They took me to

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the court to appear before the magistrate court. Then I refused to give a statement there. I said I don't know anything myself. The police said they have already damaged me, I mean, they wounded me. The magistrate could not give an explanation in that regard. I went back then. They took me back to the prison.

On the following day I went, they took me again to the cross somewhere at Sabie. As I was there and right inside the van there was a cat in a bag. A bag, you know, this bag which is almost formidable, which weighs 90 kilogram. As we arrived at the place they unclothed me. There is this place where there is sort of a small spring. They took the cat inside the empty bag and then they took me inside the bag. As there I was inside the bag, they tied me, they tied me up to my waist here. After tying me, they pushed me into the river, into the water. The cat inside actually scratched me, scratched me, because you know, the cat does not like water. The cat was actually wild and it was scratching me. I was actually screaming. I said to them no, man, please, be merciful. I said to them well, I know this thing. They took me out then.

After taking me out I went out then. But they did not remove the empty bag, they left it like that. Outside there then they said are you still disagreeing and I said yes, well, I don't know anything, I don't know anything myself. They said, Sgt Dlamini, he took now, he used the gun, the other side of the gun and he hit me on the stomach, the back of the gun. At that time I was tired, I could not even feel the pain. I was just getting wounded and then they took me back into the empty bag, Mr Stoffels was now handling me. He took me back to the water. As he was putting me in the

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water, that's where I started to fight now, to fight and defend myself. I said if you can, kill me now, because already now you are busy killing me; if you can, kill me then, because I know I was not there. Then they took me out from the water again. Then they removed me from the bag.

I went back to the cell at the police station in Lydenburg. On our arrival there then the police, Sgt Dlamini said this is the dog, this is the dog that burnt my home. He says, he calls himself a minister of religion. The police said we actually have full trust on you, and you are the person who are actually conducting funeral services here in around the township, and then you go and burn the police house, why? Why do you such a bad thing. As I was busy saying that, the other white police, I can't remember his surname, he clapped me on my face. My eyes were closed. I fell down. After falling down he said tell us why did you burn the house of Sgt Dlamini; if you agree we will release you. I said to the well, I can't admit something which I don't know, say what you want to say. I kept quiet then. They took me back to the cell.

On the following day relatives of my family came to bail me out. They took me then. My bail was about

R2 000,00. Then they took me home. I went home.

On my arrival there at home, I went to my brother's place. He is actually our elder brother at home. On our arrival there I had to wait, sit for a long time. While we were sitting there and yet on the other side there was actually a funeral, night vigil for one of the comrades whom I knew. Then I went to that night vigil. As I was there it was everything went well. I came back. I went back to my (indistinct). As I came back I sat at home for a long time. NELSPRUIT HEARING TRC/MPUMALANGA

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I think it was almost three months. As I was at home, after that period, it was discovered that they wanted, I am wanted, and yet the time actually which I should have appeared before the court has already elapsed.

Policemen came to look for me to look for me and search for me and found me. As they found me, they found me asleep. They took away the blankets. Then they asked my brother where is Jeffreys. They said I am Jeffreys - that is my nickname in fact. Where is Jeffreys? And then my brother said well, he is asleep on the other side of the room. Police came, Sgt Dlamini and Thachayo and Const Jonas Dimandi and they found me there. James Thachayo took the back of the gun and hit at me on the head. I jumped. He clapped me again. Then I asked why are you clapping me like this. Then he said to me, he insulted, Dlamini insulted me in fact and that I burnt his house, I want to kill you; I want to take you and throw you in the mountains, in the mountains. Then I said there is no problem you can throw me there. Then they said to me you are going to die, you are a dog. The other one said no, let him dress and so that we can go. As I was dressing, James Thachayo started hitting me by his fist, and on my right ear. As I was looking I saw my ear, I could not - it was deaf. Even now, if a person can say something a little far away I can't hear anything. Because blood came out from my ear. I kept quiet. Then I said to them what's wrong, what are you looking for. They said you burnt the house of Sgt Dlamini. You say you are a minister of religion. Then I dressed up, I went with them.

On the way along the way here, and both of them actually, I was handcuffed and I was handcuffed, both police were on both sides. Some were hitting me, using the back of

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their guns, you know, until we reached the police station. On our arrival there, on the way we found Sgt Nkabela. Nkabela said this is the dog that burnt Sgt Dlamini's house, just try your strength on him. Sgt Nkabela tried, I mean, his strong and he started hitting me. I was beaten. There was nothing that I could do, I was tied up, tied with my hands at the back and there is nothing that I could do, I was defenceless.

My stomach here it was already tight, because I was beaten several times, there is nothing that I could do. I was beaten many times. I said to them well, if you want to kill me, well, kill me. That's where they said if perhaps that is what God sent you to do, well, take it, do it. If you have been sent, do what you want to do, I have nothing to do. I kept quiet.

On our arrival at the police station Sgt James Thachayo said to me pray for the last time now, pray for the last time; pray for the last time, this is your last chance. I said then you cannot force me to pray, I know I was called by God to come and heal the people, there is nothing that you can do. I kept quiet.

As we arrived, while we were still at the police station, James, Johannes Dlamandi went - as he said I must praty for the last time, the only person who actually defended me, it was Johannes Dlamandi. He said do you know that really what you are doing, you will be charged for what you are doing, leave this person alone. This was going to be a case against you, this person is going to open a case, because you have tortured me, and you will fall into trouble. I kept quiet. They left me alone.

Then they locked me in. They went back to Lydenburg.

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On a Sunday, the following day, on Sunday, Sgt Bange came and Sgt Dlamini too. They came to fetch me. They took me now to Lydenburg. As we were entering at the cell and then he said deep-freeze. He actually uttered, he insulted me. He said to me today you must talk the truth, otherwise you are going to shit this place. You say you are a minister. I said to them but please speak politely, because myself, I am just a person just as good as yourself. I am a living a human being. If you call me that, if you insult me in this fashion I won't accept it. As I was answering him, he hit me by using his fist. He hit me and he clapped me and we were actually manhandling right inside the cell now. Until I had to defeat him. Then I took out the gun, I said to him well, if I want I can kill you. I took the gun, I sent it to the police station. As we were walking for a distance, he tried, he actually - I fell down. He tripped me and I fell down and he kicked me around, kicked me around, kicked me around. He dropped me, trampled me. Dlamini came again and he was also trampling me. I said to them man, look, I was bruised on my face. I could not urinate properly. I could feel that I need to urinate but I couldn't. I said to them I think take your gun, take your very gun that you are using and point it to me and you must just, and shoot me once and for all. Then he took the gun. That day the station commander was not available. Then he pointed the gun at me. I said well, there is no problem, but I know, but I said you are going to be responsible for my family until - and then he left the gun alone. We went back to the police station.

Then he signed that he was present, he was on duty and he was here to fetch me. Then he took me with his Skyline

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to Lydenburg police station. At the police station the same occurred, and the same thing happened. As I could say, I was an enemy to them. Even amongst the people, the committee members of my Mashesheng I was an enemy, and I wasn't aware that I was an enemy. The community at Mashesheng they chased me. They said it was beause of them. They say the reason I got arrested, they came back and they told my mother you mother Hlongwa, Jeffreys must come back; if Jeffreys comes back our children will be released, because he is actually the one responsible for the burning of the car.

MS MKHIZE: Mr Hlongwa, maybe I could help you. We thank you. We listened to your story and we could have enough time to ask you questions. We realise that you have taken a long time trying to explain what happened to you, which actually were things not nice to you.

One of the things which you mentioned earlier, you said you were the Minister of religion and you are a prophet at the same time when this thing happened. Can you explain to us how were you doing, what type of ministry were you involved in?

MR HLONGWA: I would say amongst the community I was a Minister of Apostolic Church. It is St Joseph Apostolic Church.

MS MKHIZE: If you say they say you are the minister of comrades, can you perhaps tell us exactly what you did for the comrades during that time, which perhaps labelled you as a minister of comrades?

MR HLONGWA: What I can say there was another boy who was actually a member of my church, Jambulan Nduli my name. He was in my congregation. He was my member in the - he was

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actually shot by the policeman. He was shot by a police. There was actually a team from Middelburg coming for a soccer play. Then there was trouble between the two teams. As a person from that area and some of the comrades they went out to go and call other comrades. Anyone who was just a boy they were collecting them. They were going house to house, going, taking boys and then they went to a place where there was a policeman actually renting a house, a room. They came in there in a very unwelcome manner. Yet the boy in that house was just standing looking through the window. He had a gun. He did not ask, he simply released the gun and shot him. Now I happened to lead the funeral of that boy. That's where the comrades had the courage on me. In other words, if they say you are the minister for comrades, it is just because you gave assistance during the funeral of that comrade.

MS MKHIZE: The other thing which I would like to know is that you mentioned that earlier in fact, in your statement you said that the way you were tortured, more especially in your body, you said it is not very easy that you could hear, because you were actually damaged. There are certain parts in your body that was somehow affected. Can you tell us the way you were beaten?

MR HLONGWA: I don't understand the question clearly.

MS MKHIZE: You said earlier on you are not audible enough because of the way you were beaten. Can you tell us maybe in your parts of your body, maybe somewhere you are affected through that beating, in short.

MR HLONGWA: The way I am speaking is not actually the normal way or my normal way of speaking. I was not born like this. This was actually an affection which I got after I

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was beaten. My ear was actually affected when I was beaten by the police.

MS MKHIZE: The other thing which you mentioned, you said you urinated the blood and your ears were affected, but you never went to the hospital. Did you really ask maybe to be seen by the doctor? Did you explain to the doctor what happened to you, the way you were beaten and you need a doctor.

MR HLONGWA: Yes, I did explain this. I explained but it did not take care.

MS MKHIZE: I will ask the chairperson in order to allow my colleagues to ask questions in order to clarify some of the issues.

CHAIRPERSON: Thank you, Ms Mkhize. Mr Malan?

MR MALAN: Mr Hlongwa, can you tell me how old you are now?

MR HLONGWA: I am 42 years old.

MR MALAN: Which means at the time of the incident you were about 32 years old. Can you further tell us, in your statement, and I am not sure but it is a little confusing in paragraph 7. You say when you went to court all the kids who were burning Mr Dlamini's house were there. You say we were 10 and all of them were free, I remained alone. Did the others burn the house?

MR HLONGWA: Well, I don't know anything. As I have said earlier on here, I was not there, I don't know. I don't know who burnt the house.

MR MALAN: That's really the question I want to get to. That seems a bit confusing, because in your statement you say the others that were accused that went free, they burnt the house, the other kids. That is also, if you were the people's pastor, and you had no idea and no knowledge as to

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who burnt the car or the house, do you have no idea as to what the circumstances were that led up to your arrest and eventual imprisonment?

MR HLONGWA: I can't remember anything, I don't know anything as far as that is concerned. Since this thing started, as I have already indicated to you, that I was the minister of the whole congregation in Mashesheng, not for the comrades only.

MR MALAN: Yes. No, I was just, I mean, in my community usually the minister knows most, because everybody confesses and speaks to the minister. Can you just tell me, reply to one other question. This sergeant that pursued you and beat you and tortured you, Dlamini, is that the same sergeant whose house was burnt down? The same Dlamini?

MR HLONGWA: Yes, that is the same Dlamini.

MR MALAN: The person whose house was burnt down was also the investigating officer. Is that correct?

MR HLONGWA: Yes, he was an investigating officer.

MR MALAN: And where in Mashesheng did this take place? Where did you live at the time, where did this happen?

MR HLONGWA: I was living in the township at Mashesheng.

MR MALAN: Okay. Thank you very much. I have no further questions.

CHAIRPERSON: Mr Hlongwa, I would just like to ask you, how many years of the prison sentence did you actually serve?

MR HLONGWA: I was sentenced for 12 years, six months.

CHAIRPERSON: Were there any other people who were sentenced with you for that crime?

MR HLONGWA: No, we were only two. There is only one.

CHAIRPERSON: And this was for the burning of the house or for the burning of the car?

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MR HLONGWA: No, they combined both crimes.

CHAIRPERSON: What is the name of the other person who was sentenced with you?

MR HLONGWA: It is Mandla Kumani. He is no longer alive, he died.

CHAIRPERSON: Did he die whilst he was in prison?

MR HLONGWA: No, he died after he was released.

CHAIRPERSON: Did you ever, whilst you were in prison, discover who was actually responsible for the burning of the house, was it Mandla?

MR HLONGWA: As I have said, as I have discovered, he told me that who is the person responsible.

CHAIRPERSON: Did he deny that it was himself?

MR HLONGWA: He said to me he has agreed, he knows. He said to me while we were travelling in the van.

CHAIRPERSON: Mr Hlongwa, what is it that you want the Commission to do?

MR HLONGWA: As I am here, I am not working, I have got children to look after. I have got my mother here. There is nothing that I am doing. I do get a small pension of some kind, but it is not, I am carrying a lot of responsibility. The Commission, can't they sort of do something for me? By way that I should, you see the doctors, consult the doctors, because since I got injured I never consulted a doctor. The police refused. Now I am requesting that this thing actually affected me. I can't sit for a long time. I do also, I have got children and I can no longer produce children.

CHAIRPERSON: Mr Hlongwa, I want to - Mr Malan has just indicated that he wants to ask you another question. He says he will hold - Mr Hlongwa, I want to thank you for sharing the story with us. It is not a nice one, and is an

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example of many of the stories that we have heard in our work this year. There is no reason why we should not be able almost immediately to be able to arrange with the MEC for Health that at least you are able to obtain the health services that you need, because health services in our country is supposed to be free. Often it is question of simply putting you in touch with the right people who hold those resources. We will look into your matter and see what we can do. Thank you for coming and sharing your story with us. Thank you.

 
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