hrvtrans HUMAN RIGHTS VIOLATION HEARINGS 1996-06-10 KIMBERLEY 1 https://sabctrc.saha.org.za/hearing.php?id=55369&t=&tab=hearings https://sabctrc.saha.org.za/originals/hrvtrans/kimber/ct00135.htm CASE NO: CT/00135 VICTIM: PHAKAMILE HARRY MABIJA VIOLATION: DEATH IN DETENTION TESTIMONIES BY: SYLVIA MABIJA SHIRLEY MABIJA DR BORAINE Sylvia Mabija - thank you very much. Shirley Mabija - thank you. Thembi Mabija - Thembi is not here? SYLVIA MABIJA Duly sworn states SHIRLEY MABIJA Duly sworn states DR BORAINE And I want you to feel very relaxed - you are amongst friends. For the first time perhaps in your life you have an opportunity to talk to an official Commission appointed by the President of the country and to tell us - to tell this audience and to tell South Africa and indeed the world what happened and what is in your hearts. MS MABIJA DR BORAINE Thank you very much - take you back - could you switch that one off please, thank you very much. You have told us about the day when the police brought Phaki back to the house and the day he died. Can you tell the Commission about the day on which he was arrested or was detained by the police which happened a little earlier? MS MABIJA DR BORAINE Thank you very much, could you just tell me how long was it that he was detained before they brought him back to search the house. MS MABIJA I think it was thirteen days before, they brought him on the 7th instead of the 8th because it was that fourteen that the police just arrested you without telling you the reason why? DR BORAINE Thank you very much, did you see him during those 14 days in prison? MS MABIJA DR BORAINE Thank you very much, can you tell me how old was he when he died? MS MABIJA 27 years. DR BORAINE Tell us just a little bit about him, what kind of man was he? MS MABIJA Phakamile was a very good child and he hated everything that was wrong. He was a person who was involved with the scouts and church activities and he was involved in everything. He was involved in everything, in all the church activities, at school, sports and he was a person who wanted the best and who was goal orientated and he committed himself in achieving his goals. He was a person who was a visionary who channelled all his energies to accomplish the best of things. He wanted success - he wanted the good things to succeed. He would say "I want a plan to succeed and when it succeeds it should benefit all". He always wanted his dreams to come true and be successful. Everything about him was so amazing because he was such a great person. And about the fact that he killed himself - that is not true - there is no such a thing like that. DR BORAINE Thank you very much, was Phaki working when he was arrested and if so, what work was he doing? MS MABIJA He was a teacher at Zingisa. DR BORAINE Thank you and just one last question before I ask someone else questions. Did he belong to any political party, was he involved in politics at all? MS MABIJA DR BORAINE MS MABIJA DR BORAINE Thank you very much, did they find anything in the cupboard or in the room? MS MABIJA No, they found nothing. DR BORAINE When they said you must greet your family because you will never see them again, in what language was that said? MS MABIJA Afrikaans. DR BORAINE MS MABIJA DR BORAINE Of course I can well understand that. You mentioned Oscar, is that Oscar Ntsiko? MS MABIJA Yes. DR BORAINE MS MABIJA I heard in the afternoon after my sisters came in as they told me they have met someone who told them. And this person said to them that Phaki died after he fell at Transvaal Road. DR BORAINE Thank you very much, what happened after that was there an inquiry or an inquest or [indistinct] Did you attend the inquest? MS MABIJA DR BORAINE Thank you very much, I asked your sister about your brother. Do you want to add anything at all about who - what sort of person he was and particular do you know if he was involved with any political party. Did he attend party meetings, was he working for someone? MS MABIJA DR BORAINE MS MABIJA DR BORAINE MS MANZANA DR BORAINE MS MANZANA I was on the third floor making tea. (indistinct) DR BORAINE And which floor was he when you saw him last? MS MANZANA Seven. DR BORAINE Thank you, do you want to add anything at all? MS MANZANA I went to Major when I was on the ground and said Major the dog is mine the law is yours. Major asked where was he? I said he is on the ground and we went there with Major and he saw him there and he asked who did this and I said it is Oscar. DR BORAINE MS MABIJA DR BORAINE MS MANZANA DR BORAINE MS MABIJA DR BORAINE You have illustrated something which we have seen so many times. That the death of one person - the killing of one person brings so much sorrow and grieve not only to this loss of life but also to members of the family and you have obviously suffered very deeply as a family. We have noted your comments about your mother and the psychiatric treatment and we will certainly do everything we possibly can under the circumstances. Can I ask you a final question is there anything else you would like the Commission to do if the Commission was able to assist in any way? MS MABIJA DR BORAINE CHAIRPERSON Thank you very much, are there any further questions - Denzil Potgieter? ADV POTGIETER Thank you Chairperson - Ms Manzana I just want to clarify your evidence. Is it correct - do I understand it correctly that you heard at one stage after Phaki fell - the deceased fell you heard Oscar the policeman saying something? MS MANZANA Yes - when I was on the ground floor where Phaki died - Oscar was looking at Phaki and said you must die you dog. ADV POTGIETER Sorry, before you saw the body dropping passed the window, did you hear anything in the building? MS MANZANA CHAIRPERSON Thank you, yes. ADV POTGIETER Thank you Chairperson, perhaps Shirley could assist with this. How long was it after the police brought Phaki home that you heard that he had died? MS MABIJA CHAIRPERSON STATEMENT - COMPLAINANT SYLVIA NONTSIKELELO MABIJA On 27th June 1977 the police arrived at my home to search. There were lots of them who came with SAP cars. They told us that they were looking for Phakamile [Phaki]. At the time Phaki was asleep on the couch with his younger brother. The police then left with him. My other brothers had tried to visit him at the police cells at the Transvaal Road Police Station but in vain. After some days, the 13th day of his arrest, two policemen came with Phakamile to our house. It was about 14:00 when two of the policemen came home with him. The two policemen were Oscar Ntsiko [deceased] and Van Wyk. We could see that Phaki was in pain as he did not even want to speak to us. The police led him to a carpet in the front room where they lifted it but there was nothing there. He was later led out into the yard. We tried to speak to him but he did not answer. When they were about to leave the gate Van Wyk told Phaki to greet his people as he would not be able to see us again. Van Wyk came in with him but he did not say a word. They then left. STATEMENT COMPLAINANT - SHIRLEY MABIJA On 7th July 1977 I was sitting with the family at 3048 Miti Street at plus-minus 12:30 when two or three policemen arrived with Phakamile Mabija, my brother. He did not have his specs on or his belt. His lips looked very dry. The policemen would not let me speak to him. He said that he did not know what they wanted from him. The black policeman - Oscar Ntsiko and the other policeman took him outside to the gate and then brought him back. They told him - groet jou familie, jy gaan hulle nie weer sien nie. They then took him away. At 3:00pm on that same day we heard from others - [neighbours] that he had fallen out of a 6th floor window at Transvaal Road police station. My brothers have more details - Themba and Abraham Mabija. The incident was reported to the Transvaal Road police station. STATEMENT - COMPLAINANT MARY-JANE THEMBILE MABIJA On 7th July 1977 I heard that Phakamile was dead. My cousins can tell you more. See CT/00635 and CT/00135. RESEARCH NOTES Phakamile Mabija was detained on 27th June 1977 after an incident when buses were stoned by commuters during a bus boycott in Kimberley. He died in detention on 7th July 1977. The finding of the inquest wat that he died of multiple injuries following a jump from the 6th floor window at Transvaal Road police station in Kimberley. He allegedly broke loose from the police escort from the toilet and plunged to his death. WHAT ARE YOUR EXPECTATIONS OF THE TRC? Find who killed our brother and get an explanation for killing him. RESEARCH NOTES Phakamile Mabija lived in Vergenoeg, 1038 Mintzi Street. He was the church warden of the Galeshewe parish of St James, and a full-time youth worker for the Anglican church. Politically he was a affiliated to the ANC. DEATH IN DETENTION Phakamile died in detention on 7th July 1977, the day before his scheduled court hearing. He plunged from the 6th floor of Transvaal Road police station in Kimberley. INQUEST An inquest into the death was held in August until September 1977. The verdict was that Mabija died of multiple injuries following a jump from the 6th floor window. Nobody was found responsible for the death. The Magistrate was JH Booysen, his assessor was Professor JA Oliver. WITNESSES AT THE INQUEST The district surgeon Dr TC Robertson identified a fractured skull as a cause of death. In addition the independent pathologist, Dr BA Mahler, said Mabija had cuts on his face, hands and liver. The cuts on his hands could have been caused by clutching glass. Lacerations of the liver could have been caused by assault. LAWYERS Mabija family: Jack Unterhalter, SC instructed by Robert Sobukwe. Commissioner of Police: CF van der Heever, instructed by Deputy State Attorney. OTHER POSSIBLE CONTACTS The very reverend Tom Stanage, vicar-general of the diocese of Kimberley and Kuruman. Canon RA Kraft, director of Education of the Anglican Church. ALLEGED PERPETRATORS Many allegations of torture involve Transvaal Road police station. Accused and witnesses of the Kimberley Terrorism Trial 1982-83 were mainly held at this police station. They reported several incidents of torture to the Court. Cases involving the alleged tortures of Phaki are as follows: Moetie Diseko [21] [460 Malata Street, no 2 Galeshewe] told the Court about being tortured and said that he often heard people crying out in pain in adjoining rooms at the Transvaal Road police station - [Diamond Fields Advertiser, 5th August 1982]Benjamin Lesego Swarts [20] was allegedly assaulted by six men, including Warrant Officers Du Plessis, Van der Colff and Topkins. Mr Van der Heever, Captain Van Wyk and Kiewiet [Diamond Fields Advertiser, 10th August 1982]Mr Luthando Charlie [from Vergenoeg]] was collected by Captain C van Wyk, Sergeant Du Plessis, and a Van der Merwe and later assaulted. Captain Van Wyk threatened to re-arrest him if he revealed anything that happened to him.