CHAIRPERSON: Mr Mdawe, will you put the head-phones on or are you going to speak in English? Can you hear me?
MR MDAWE: Yes, I hear you.
CHAIRPERSON: Before you begin your evidence, I am going to ask Mr Lewin to ask you to take the oath, please.
JABULANI MICHAEL MDAWE: ; (Duly sworn, states).
MR LEWIN: Thank you.
CHAIRPERSON: You may be seated. Is that your brother who is accompanying you today?
MR MDAWE: The person next to me is my brother.
CHAIRPERSON: We would like to welcome him too. I am not going to hand you over to Mr Malan who will help you with your evidence.
MR MALAN: Mr Mdawe, you did give us a statement and you will be telling us of some events, starting in May 1986, eventually leading up to your detention and eventual release. I don't want to do the story for you. We have read your full statement. We will appreciate it if you will in your own words capture the major moments so that it makes a total picture, without expanding unnecesarily in view of the time constraints. But you are welcome to address us. Thank you very much for being here.
MR MDAWE: Mr Chairperson of the Commission, it has been very much painful to me and I was living, I can not even
NELSPRUIT HEARING TRC/MPUMULANGA/...
2 MR J M MDAWE
mention, I was living like an animal, because during that period when I was with the the police, the security police were looking after my house and they were coming searching. I could not stay home and my family was not staying at one place. I will start from where actually things were happening.
It was the usual thing that the SADF and the security police came to my house to search my house but the searches that they were making, they never got anything, but they continually were searching my house.
It happened that during May three Army vehicles full of Army people, SADF, they were accompanying a certain sergeant from the security police, Sgt John Walters. He entered my house, searched my house. I was around the neighbour. He asked my wife I was. Then he left, it took a lot of my documents and my letters.
When I came home my wife related to me the story. Then I had to approach my attorney. By that time the (indistinct) Jappe was represented by Adv Egothi. The police seemed to be looking for me, I will be more than willing to be available and they should tell me what they were looking for me for. Then he said well, if it is you who are willing to go to the police station to make yourself available, we can go there.
We went there to the police station and then I said I understand the police, (indistinct) police station, I said I understand the police are looking for me, and they have searched my house. Then they said wait for Sgt Walters, he is coming to you. My laweyer had to leave.
Sgt Walters came into the police station and he started asking me questions, with the interrogation. Then from
NELSPRUIT HEARING TRC/MPUMULANGA
3 MR J M MDAWE
there I won't relate what he said. The only thing that I mention to him that I was not prepared to write any statement to him, I am not prepared to confirm any document that he took from my home, unless he brings me before the magistrate.
What happened then, my lawyer pursued my case. He told me to charge me within 48 hours or release me. What happened, they released me. I went home. On my arrival at home I remember I drank water, because of tiredness. Then I went to sleep. My wife was at work doing night duty that day. At two o'clock in the morning, I heard eight bombs. Firstly in my room. I fell from the bed and tried to hide. Then the bombs continued. I couldn't do - the estimation that I could remember, there were eight bombs that were thrown through all four windows of my house. The other room was occupied by my sister and two children of my late brother, Simon Mdawe. Then I tried for my safety I tried to go to the door, the front door, and to open it. The door was locked from the outside. I went to the kitchen. I found the door was locked from the outside. I shouted for help. My brother had already jumped through the window. My sister had jumped through the window. I had to jump through the window because my house did not have any security or burglar proof.
From there I went out, shouting for help from the neighbours. The neighbours came to the scene. The house was on fire. An unidentified vehicle, it was yellow and blue in colour, full of police - there were about 10 police - came near the scene. I went to them. What did they say? They made a joke out of me. They said why are you burning that house. Then from there I realised that these people are not NELSPRUIT HEARING TRC/MPUMULANGA
4 MR J M MDAWE
prepared to help me. I continued crying for help from the neighbours. My neighbours extinguished the fire. The police did not help me.
From there the following day I went to work. They came back and collected all the remnants from the bombs. They were so rude that they never even greeted me when I came to my home. I did not want to touch those bombs because I thought it was necessary for the police to investigate.
Until today, those police never came back to me. Then I realised it was unnecessary for me to go formally to report the case to the police, the very same police.
Whilst my house was gutted through the fire, I had to design a plan to rescue my family. I hired a room from my neighbour and I did not have any furniture. Everything was burnt. The roof of the house was burn and my neighbour gave me a room where I took my family, my children and my brother Thirion.
From there I was still in hiding. I could not sleeping that room because they continued. They even went to the same house. They destroyed my garden, saying that they were searching. According to my family members that were there they said they were searching for guns from my house. Until today there has nothing been heard about what they were searching for in my house.
I found that it was unsafe for me to start reconstructing my house. I continued staying in that neighbour's room.
From there what happened a month thereafter? Whilst I was staying at any place and my family were staying away from home? Again, they came to my house. I got a message that they were searching for me. The whole of the township
NELSPRUIT HEARING TRC/MPUMULANGA
5 MR J M MDAWE
was full of the Army. I think they were about 60 Army vehicles.
My photo was displayed, according to what I heard from the comrades there, in the road blocks of the township, that they were looking for me.
Then I had to go away to Tswonge at Driekoppies, where I got hiding around the border of Swaziland. From there when I came back to look for my children and my wife, I slept in the same house where I kept my children.
During the night the security police came. I know one of them. They said you are under arrest. They showed me a newspaper article that according to this newspaper article, in terms of that newspaper I was arrested. I resisted the arrest. I said they must get a warrant of arrest, I cannot agree to go with them.
What they did, they called on a captain and they said you are arrested in terms of state of emergency; we are taking you away. They took me away with those other two young men who were wearing kuppa hats. I thought the police who showed the police where I was. They took me inside the van. The other young man travelled with the police. On arrival at the police station, they took out the kuppa hats from those young men. I see who they were, because they locked us in the same cell. I did not have any grudge, I did not hate them. I realised that they gave the money.
From there they were released, I remained in the police station. What happened there, I suffered visual isolation and social isolation. They refused me visitors. I was not allowed to get any newspaper. I was not even allowed to get my letters and notes that I had.
From there I stayed in that cell for a month. Then they
NELSPRUIT HEARING TRC/MPUMULANGAsaid/...
6 MR J M MDAWE
said you are so hot that we are taking you, together with the other comrades. They took me to the other comrades who stayed in the same cell.
I want to mention to this Commission that the food that they gave us was not the food that was supposed to be eaten by a human being. I complained about the food. I said I can't eat that food. What happened, they called on - I think they called on Justice Richard Goldstone, who came to our cells. I had kept that food there. I did not eat it. The porridge was cracking. I was not having any other thing. Then I asked the Judge, I said, can you eat this. He said that's what I have come here for, please tell me all your complaints. I related the situation in the cells, that they were small parasites in the cells who were eating us and I have a rash over the whole body, and the food that we are eating was not right.
A few weeks thereafter they changed the food in the police station, which we shared with all the other detainees. After that I heard the security police talking when they were visiting us there, that the food was too expensive. From there what happened, we were transferred from that police station to the prison. You said now you are going to be exposed to the library, to the radios, we are taking you to the prison.
On my arrival in the prison I found the situation was the same. I found that the food that we are supposed to eat was skin of pigs and it was not properly cooked. I said this I can't eat. What happened is, I said I can't eat that, and they said no, I am going to get punishment. They brought us mealie meal that was not cooked, that we are going to get two spoons of that mealie meal, because we do not want to
NELSPRUIT HEARING TRC/MPUMULANGA
7 MR J M MDAWE
eat food. I never ate that mealie meal.
It came to my mind that I was must communicate with other prisoners who are in the same cell, but in a single cell. I drank the water from the toilet, making a telephone. I spoke to the other comrades through that toilet. They were able to hear me, because we were in the same row. That comrades, the food that is in our presence here is not the food that we are supposed to eat, we are not charged, we don't know what we have come here for.
From there what happened, they took us to one cell. They changed that food. The other comrades were all released. My brother came there. He was crying with my mother. I said please, don't cry, I am alive and I am happy here.
They knew that they had correspondence from my lawyer that the Minister of Law and Order has written to them, that he is satisfied that I should stay in the cell and I can't be released. He can release all the other detainees.
I could not communicate with my relatives and they never told me that story. I was just happy to see them.
What happened, my lawyer visited me, the following week. He told me that he is going to make a court interdict in the Supreme Court. Because he does not understand why I am here. What happened a few weeks thereafter, I was called and I remember the prisons were closed at that time. The prison commander was not in uniform. He came there with the other warders. They mentioned my name.
What I remember, I remember the interrogation and the ill-treatment, which includes clapping and pushing against the walls. I could not think that I was released. They said you are taking now back to the police station. I was
NELSPRUIT HEARING TRC/MPUMULANGA
8 MR J M MDAWE
taken back to the Nelspruit police station, where I met the captain of the security branch. He drew the documents. He said you are now released but you cannot use public transport, the police will take you home, because you are released and restricted to stay home. He showed me the document. They took me, those policemen with the Kombi to my home. I stayed home, the home that I am mentioning now, is the same room that I hired from my neighbours. That same house of mine did not have anything. It remained unguarded, it was a stand.
From there what happened, I stayed at home, working on my garden. I could not go to work. During my stay one of the days, after some years, if I remember correctly, it was 1990, when my brother knocked at my door. He was carrying some newspapers. He said my brother, the ANC has been unbanned. The number of detainees, the number of people who were banned have been unbanned. I jumped and I was happy. It was then after that time when the ANC was unbanned, where I was able to start rebuilding my house.
I have no grudge against any person, even the person who burnt my house, but I want the truth. From now I just information, I request, before the Truth Commission was established, the police were busy investigating this case. A young soldier in the name of Frans came to my house, apologised and said I was one of those who burnt your house. I did not hate him. I listened to him, I was not angry. I then thought that it was easy for me to get those others who were there with him. Because he mentioned that he was with other people. He mentioned the captain of the SADF, Captain Lilley, I don't know the surname. He mentioned of Sgt Tshonge, whom I knew, who worked at (indistinct) police
NELSPRUIT HEARING TRC/MPUMULANGAstation/...
9 MR J M MDAWE
station. He also worked with the security branch in Komatipoort. He mentioned John Walters, who was also mentioned that he was present. Then to me those four were suspect. I suspected that they were the people who were involved in what happened to me.
I request the Truth Commission to investigate because I don't understand why up to this point, the people, after one has come out, those other people are not arrested up to this point.
I don't want them to go to jail. I wanted them to say the truth so that that thing can diminish from my heart. I request the Truth Commission to pursue that case so that I can see whether it is that reconciliation or we should continue with the court proceedings.
Thank you.
MR MALAN: Thank you, Mr Mdawe. When did you say this young soldier by the name of Frans came to see you? When was this?
MR MDAWE: The young soldier is staying, for information, he is staying at my township, I know him. I did not know that he was involved in what has happened. He came to my house. I thought he came on a friendly basis. Then he related the story to me. I want to mention the fact that I could not mention the date now, I don't know remember what date was it.
MR MALAN: More or less when was it, was it this year or last year or when was it?
MR MDAWE: It was early this year.
MR MALAN: Will you give us a supplementary statement as to that discussion, because you had not disclosed that in your statement to us. You told us nothing about the visit of the NELSPRUIT HEARING TRC/MPUMULANGA
10 MR J M MDAWE
soldier in your statement. So if you could see one of our statement-takers and give us the full story in writing about what transpired there. So we can follow that up. Will that be okay with you?
MR MDAWE: It is true in my statement amongst the four, only two I wrote that.
MR MALAN: Then could you tell me a little about yourself at the time. You say that you were initially interrogated because of your membership with the United Democratic Front. Were you an activist at the time, did you hold any office in any of the movements, any of the organisations?
MR MDAWE: I was the founder member of the Mazulu Civic Association, which was an affiliation of the UDF.
MR MALAN: Were you also an office bearer or only a founder member?
MR MDAWE: I was an office bearer and I was chairing that civic association.
MR MALAN: You were the chairman, the chairperson of the civic?
MR MDAWE: Yes.
MR MALAN: What was the programme of the civic, that they would have followed you and checked on you?
MR MDAWE: Our rule was to make sure that the government at that time is ungovernable. But we were trying our own level best to see to it that even the people that we are referring to as enemies are not injured. What we were arranging was consumer boycotts, stay-aways and to make sure that we pressurise the government, to listen to the plight of the people at the township. Amongst other things that I did, there was no purified water in that township. I did send a bottle of water to the then Bantu Administration Board, to
NELSPRUIT HEARING TRC/MPUMULANGA
11 MR J M MDAWE
investigate whether that water was water that should be drunk by the people.
MR MALAN: There was a, according to our research, in the first week of April, there was a stayaway. Did you organise that stay-away? Is that perhaps the reason why they started following you?
MR MDAWE: With the stay-aways, I made it a point that I am always there, to make sure that there is no injury, there are no comrades who are out of way, who are not following the policies of the civic association and the UDF.
MR MALAN: Thank you. I think that at least gives a perspective, your activities, why you were being watched, because you only referred to your membership of the UDF. You didn't give us the other information. I am glad for that input. Now we can understand why they were looking for you. Both in your detention, initially, you say you were, when you were released, you were clapped and pushed against the wall, but at no stage did they torture you. You made no reference to any torturing or so.
MR MDAWE: I don't want to call that torture, because I wanted to tell this house that those police were also mentioning the fact that we don't kill people here, we know that your brother died here. What happened, the pushing that was happening, was not related to the point where I can talk of torture.
MR MALAN: Thank you very much, Mr Mdawe for your straight and forward and honest testimony. I enjoyed and appreciated yuor approach. Thank you very much.
CHAIRPERSON: Mr Ndawe, I am going to ask the other Commissioners if they have any questions for you.
MS MKHIZE: Thank you very much. For me it is just a small
NELSPRUIT HEARING TRC/MPUMULANGA
12 MR J M MDAWE
point. There are quite a number of people who we have listened to, who have gone through similar experiences. I would like to take advantage of your wisdom and hear what needs to be done to make sure that people who made major sacrifices for the liberation we enjoy today, for them to begin to heal. Also, what needs to be done to make sure that what we have gone through never happens again.
MR MDAWE: Thank you, Chairperson. The concern that I have that can make healing to the comrades, who suffered the same as I suffered, is that most of them are unemployed. If some means can be devised to create jobs for them and most of them are members, I know them, are members of the ANC. I believe that when they came home, they were dreaming of staying at home well and working. But most of them are unemployed.
The other thing that I am much concerned about the healing of those who suffered, is that most of them it appears they are not being visited. I would appreciate it if social workers can follow up, even those who came from exile, who are not known, should be traced and socially helped.
The other thing that I think can also help, is that most of the people feel very insecure, even myself. I hear of the very same people whom I believe made me suffer, they have resigned from the Army, others have resigned from the security ranks. I don't know where they are. If some means can be devised that we see them and they come before this Commission. If they don't, then I don't think there would be healing. Thank you, Chairperson.
CHAIRPERSON: Thank you. Mr Mdawe, we often wonder why it is after such a conflict, that South Africa has reached this NELSPRUIT HEARING TRC/MPUMULANGA
13 MR J M MDAWE
point, where in a sense, the world looks on us as a miracle nation. I think we in the Commission are struck by your forthrightness, your courage, even though you and your family have suffered enormous injustices at the hands of the system. Yet, when we ask you what can be done, you again refer to people other than yourself, as needing help. We salute your courage, and it is because of you that South Africa does indeed have some kind of future. We thank you for sharing your story with us. We will investigate it and that of your brother, and we hope that we will be able to bring you some kind of answer. Thank you for coming today.
MR MDAWE: Thank you, Chairperson.
NELSPRUIT HEARING TRC/MPUMULANGA
