hrvtrans HUMAN RIGHTS VIOLATIONS, SUBMISSIONS QUESTIONS AND ANSWERS 1997-05-23 BALFOUR 1 SIPHO P NHLAPO JB3514 https://sabctrc.saha.org.za/hearing.php?id=54949&t=&tab=hearings https://sabctrc.saha.org.za/originals/hrvtrans/balfour/7balnhla.htm DR ALLY ........ incident of detention and of assault and torture. MR NHLAPO (sworn states) DR ALLY Thank you. MR MANTHATA Good afternoon . Are you relaxed ? MR NHLAPO Yes, I am. MR MANTHATA MR NHLAPO MR MANTHATA Sipho, can I interrupt. Can you tell us how they handled you while in detention please ? MR NHLAPO MR MANTHATA How long were you kept in John Vorster ? MR NHLAPO They took us in the morning and we stayed there the whole day. The following day we were taken to be assaulted. At about four p.m. the following day, we were only released after they had got hold of the evidence that Sipho had left for Tanzania. MR MANTHATA Was that the time that you were released and you came back to Balfour ? MR NHLAPO Thereafter I remained for a few weeks then I came back to Balfour. MR MANTHATA So for the period you were held in John Vorster, the only severe treatment was the hand outside the window, pretending that you will drop down and die ? Had the family had an opportunity at that time to instruct a lawyer about your detention ? MR NHLAPO MR MANTHATA How old were you at that time ? MR NHLAPO I think I was thirty something years old because I was born in 1953. MR MANTHATA MR NHLAPO I could be possible. MR MANTHATA MR NHLAPO MR MANTHATA Sipho, do I understand you to say you were detained for a pass offence ? Can you explain very clearly for how long and what kind of torture was taken out on you ? For how long were you detained ? MR NHLAPO MR MANTHATA MR NHLAPO In 1977 I remained in detention for seven months and I had remained awaiting trial for two weeks in Heidelberg. When I went to appear for the final time I was given seven months with no remission and no parole because they said I had committed treason. MR MANTHATA Sipho, what had you actually done that could have been equated with treason ? MR NHLAPO MR MANTHATA So you were detained for seven months for failure to produce a passes ? MR NHLAPO That is correct. I was awaiting trial for two months and then I was convicted for seven months effective. MR MANTHATA MR NHLAPO Yes, we are. MR MANTHATA Which other year were you arrested and tortured ? MR NHLAPO 1986. MR MANTHATA MR NHLAPO MR MANTHATA MR NHLAPO DR ALLY Please, if we can just respect the witness and just allow him to tell what happened to him, please. MR NHLAPO MR MANTHATA Were you ever a member of any political grouping Sipho ? MR NHLAPO Yes, I was. MR MANTHATA Which ones are those ? MR NHLAPO ANC. MR MANTHATA MR NHLAPO Yes, at the time I was a member of the UDF. MR MANTHATA To which organizations did you belong ? MR NHLAPO I was supporting the ANC even though it was a banned organization. I was supporting the ANC even though it was banned. MR MANTHATA Who was your leader at that time in those groupings where were you were singing all those slogans ? MR NHLAPO I joined the ANC Youth League at Siyathemba and my Chairperson was Johnny Mkwena. DR ALLY Please, please people, if you could just be silent. Just be quite while the witness is speaking. MR MANTHATA Sipho, I have no further questions. DR RANDERA Sipho, can I just ask a few questions please ? First of all, this is on the side, has your brother come back from Tanzania, the one who ran away in 1976 ? MR NHLAPO MR MANTHATA Okay, can I take it then to 1986. On that first of May when you were also arrested. Just tell us what happened at the funeral of Abram Nguni ? What was the behaviour of the police or was it the army that was present that day ? MR NHLAPO DR RANDERA MR NHLAPO DR RANDERA Thank you, I have no other questions. DR ALLY MR NHLAPO What I wanted to say is this, I also want, I remember that I was working. Maybe I was also part of the people who tortured members of the community because whenever a boycott was called by an organization I was also part of the people who intimidated members of the community so that they stayed away from work but that was the political situation that prompted me to act in that fashion. So I would like the community to forgive me for my past or previous criminal acts. I would like to confess before this community, I am happy that I never killed anyone. I thank you.