hrvtrans HUMAN RIGHTS VIOLATIONS, SUBMISSIONS QUESTIONS AND ANSWERS 1996-10-03 VENDA 1 NAMADZAVHO DAVHULA https://sabctrc.saha.org.za/hearing.php?id=56093&t=&tab=hearings https://sabctrc.saha.org.za/originals/hrvtrans/venda/davhula.htm MR ALLY: The next witness was not here yet, I'd just like to make sure that the next witness is here - Davhula. Oh, he is here, can he just come forward. Mr Davhula, you are coming to speak on your own behalf, that is correct? You are coming to speak about what happened to you? MR DAVHULA Yes. MR ALLY Because, I must apologise for the way in which this is put out on our programme, you say you are coming to speak on your own behalf, the programme incorrectly speaks about a death, a killing, I think you are coming to speak about torture and being beaten up and harassment and a shooting. Before I ask you to relate to the Commission what happened to you, I would ask if you will just please take the oath and Commissioner Lyster will assist you. NAMADZAVHO PAVO DAVHULA (sworn states) MR ALLY Thank you. Mr Davhula, if you could now just tell us what happened to you, thank you. MR DAVHULA Thank you. On the 4th of June 1987, whilst I was coming from Messina the bus on which I was travelling, stopped at Chicombane. It was dark. There was a certain woman next to me, but I don't know here name and asked if there was any other taxi and I told her that there was a last taxi coming. VENDA HEARING TRC/NORTH WEST 2 NP DAVHULA And we were two, the driver of the taxi stopped and the woman - I asked the driver of the taxi to accompany me and he said, no, he couldn't do that. And asked me if I could ask for help from the neighbourhood so that I should reach home. I went to another place and there were two elderly people. I greeted them, they accepted me. I introduced myself and told them where I was coming from and where I was going and this people told me that no one is allowed to sleep at a place before the sub-Headmen knows what is happening. And on the following day, that is when he can get his own transport. So the owner of the house was around and then he was to take me to the Headmen and I was taken to the Headmen. And we went passed the place where we were standing on the road and we went to a place belong to the Waqoma or the sub-Headmen - a kraal. That person explained to the sub-headmen that this person was taken over by sunset and explained that he was going to Moledana and introduced himself and the Waqoma or sub-Headmen agreed so that on the next day, when the taxi's will be coming or busses, I will be awake then and I will be ready to go back at them. After they agreed, during the night I slept with the sub-Headmen who was the owner of the house. The one who took me to the sub-Headmen had already gone back home. Indeed, there were two beds in the house. I took off my clothes and I was left with my own underwear. I didn't have an (indistinct) or vest, I had my (indistinct) just down on the floor with my sweets that I VENDA HEARING TRC/NORTH WEST 3 NP DAVHULA bought for my brother's kids. During the night I woke up and realise that right at the place where we were, it was already clear as if it was sunrise. When I took off the blanket, I realised that the people who were there, were police and they had guns. I had forced myself to wake up slowly. I explained to them that I'm Namadzavho Davhula and I'm going to Moredane, who's Headmen is Mawosela. I was still in my bed. I then tried to introduce myself, you know as a pure Venda person, as they used to. I gave them my ID which was in my pocket, it resembled my names. They didn't want to approach me and I forced myself to stay as I was. They didn't want to approach me. All right, as I was telling them, telling them who I was Namadzavho Davhula, they asked me to keep quiet, not to make a noise. And then I got frightened. Now I was wondering why these people are having guns and they are legal people and they didn't even want to arrest me or take me to the police station or at Moledana where I used to stay, or where I stay. Then an idea came to me and I thought maybe people wanted to kill me for muti or something, because people are not good. As I was sit up like this, the old lady, I urinated just then and there and I told them look I cannot get murdered right in the house, it is better if you can apply your murders outside, because these people allowed me, you'd rather do your activities on the verandah when all the people are watching, because this people were ready to kill me. VENDA HEARING TRC/NORTH WEST 4 NP DAVHULA Lately when I arrived at the other side, they released their guns and it went through my shoulder and then there was a big hole. It went through and then I sat on my buttocks. On sitting on my buttocks, the people who rushed there, that person who rushed there, I couldn't even feel that my hand was terribly hurt, it was just falling, more or less falling apart. And I asked them, look are you afraid of that. They said, look you are very lucky, but I said, look you can't say I'm lucky and I told them, look you have killed me. Because blood was flowing and they kill and they said, come this side and when I heard that come this side, I said, oh, today I'm dying before I even see my mother. I asked them, pleaded with them that I want to see my mother in Chicombane. It is then that a van approached and when I watched, I realised that the van's registration number is VP. I was then called. I couldn't lift myself, because I was holding on that, and then they helped me on the shoulders, lifted me up into the van. I balanced myself on the other side and I was taken to Silom for treatment. In my mind I was crying and I was restrained as a baby and then I didn't even know, I thought maybe they are going to kill me in the bush because I didn't even know where Silom was. By then I was already at Silom. When they came to open at the back, when they wanted to lead me I said please stop, you lift me after, I just vomited. I just vomited there and then. That is when they lifted me from the van and took me to VENDA HEARING TRC/NORTH WEST 5 NP DAVHULA where I got treatment. They stitched me, all three holes were stitched. The bullet went through, exploded right inside and then there were three already. Then they tied me. The whole night the blood was flowing, blood was flowing continuously. I was crying and calling nurses, needing for water, I was thirsty, please bring water. The nurses said the Doctor had to be called, the very same Doctor who stitched me, because blood was flowing continuously. When the Doctor came, he said I don't have any other place where I can stitch you. He only stitched whilst I was feeling, but there was nothing - I was crying. The Doctor said, look take this person out, don't let him sleep here. Let him sleep alone. On the following day the Doctor who stitched me, said to the nurses, this person - you should plead with this person because I don't have any other machines that I can use in stitching. He must be referred to Garankua, but then I didn't want, because I was crying. I was crying and I was tired of crying. I said, please I want to see Mrs Chinakawo, my mother. The Doctor said, look if this hand last for three days, it will definitely be a crippled hand. It is better if you will be transferred to Garankua and I agreed. I was sent to Garankua. I asked about the people who hurt me, what about my clothes and the Doctor said the very same people who hurt you, are going to bring those. Of course they did bring my goods. I was taken to the X-Ray machine so that I should go to the ambulance to be transported. I was just on a little VENDA HEARING TRC/NORTH WEST 6 NP DAVHULA bed, there were a lot of people watching. They were wondering, they were saying they were watching a terrorist, although I didn't know what was happening. The ambulance took me from Silom to Tsidisini here at Mlegani. And I was taken by the ambulance from Tsidisini to Garankua. And at home, nobody knew about that. I arrived at Garankua whilst the blood was still flowing. In Garankua that is where they treated me by a Specialist in Garankua. In my thigh where they gave me treatment, they took a lot of flesh from my thigh so that they should patch the holes which were on my shoulders. But where the bullet went through, they could not really do well up to the time when I went back to Garankua and I was released. What surprised me when I was in Garankua, people said I was shot because I was alleged to have been a terrorist, but when I was in bed, nobody was guarding me, but I was wondering they shot at me using a gun, but I didn't know anything about terrorism. If at all I was a terrorist, they would guard me at Garankua, exchanging duties until I was discharged, until the case was to be heard. It was never like that in my case. I was discharged at Garankua and came back. My fellow people said since you are hurt like this, it is better if we get a lawyer and then they consulted a lawyer, Mambathola. The case just ended there without any charges or any evidence given, so I went to Thoyandou Social Workers. The Social Workers at Thoyandou said now that you say you have been shot by the - I had to show them how I got shot, so I unwrapped my clothes. VENDA HEARING TRC/NORTH WEST 7 NP DAVHULA When I showed them, they said is this only one bullet which did this and I said yes, it went through my shoulder and then cracked all the bones. These people, the Social Workers said was your case heard and they asked who was really responsible for that and I said Nomathu and they referred me with a paper to Tsidisini so that I shall go and have the paper filled so that I shall be one of the pensioners. Of course I took the paper to Tsidisini hospital where the Doctor said, why do you want to be one of the pensioners when you are so young and I had to explain that I am terribly hurt and the people who belong to the former Government here in Venda on a specific date, then is where I was taken to Maquaria. On arriving at Maquaria it happened that I had to receive pension. When I went to the lawyer, the lawyer said the Government is saying you are only going to receive a compensation of R4 000-00. I said only R4 000-00 when I am so hurt and they said yes, that is what I am saying, I really denied. I said, never, I will never take this R4 000-00 because my hand is terribly hurt, so that I can't even lift it up and I can't even reach the other places if I want to scratch. Sometimes I scratch myself as a donkey and this is the people who belong to the Government who allege me to have been a terrorist whilst I didn't know what was happening. Up to now, I am still getting the very same pension, R230-00. I realise that this R230-00 is nothing, because my family is suffering. Something else that I could do myself I now delegate people so much that I take the other money to VENDA HEARING TRC/NORTH WEST 8 NP DAVHULA the same people, so that I shall pay them for whatever they rendered, the services. This is very painful on my side. I hope that everyone who is here, is able to realise that the Government really did malicious damage to me because I can't even wash myself, people have to bath me. But in the past I used to bath myself. This is painful. This is why after having had learnt that there is a Truth Commission, I said okay fine, since people are saying give evidence and a statement, I considered to that. Of course that is what happened. I went to the people who were giving help to people who were making statements, that is why I arrived there, thank you. MR ALLY Thank you Mr Davhula for coming to the Truth Commission. It seems a very strange incident this that you've just related to us. You were on a taxi, you were going home, but because it was late, you were dropped off some distance away from your place. Now, was there before this incident, and this is where you were accused of being a so-called terrorist, was there anything about you that would have made people think that, were you politically involved in any way? Why would they accuse you of being a so-called terrorist, do you have any idea? MR DAVHULA I have got no knowledge about that, I know nothing about terrorism. I said nothing any where. MR ALLY Venda police, Defence Force came to this rondavel, this hut where you were staying that evening. Did you offer any resistance, was there any reason why they would have shot you? Did you try to run away or anything like that? VENDA HEARING TRC/NORTH WEST 9 NP DAVHULA MR DAVHULA I was forced to go out of the hut and I told them to take my ID and they were refusing and they told me that I must keep quiet. And I decided to go out and I thought they wanted to slaughter me for a ritual murder. MR ALLY Did they issue any warning to you before they actually shot or did they just point this gun and you and just shoot at you? MR DAVHULA I was just shot and then I fell down and then they surrounded me. MR ALLY When they offered you this compensation, how did this come about? Who - were you called somewhere to some Government office or how was this offer made to you? This offer of R4 000-00 compensation? MR DAVHULA That money - Mr Mambathola is my lawyer and then Mr Mambathola was told that they are going to compensate me by that R4 000-00 and it is then that I refused. MR ALLY And you lawyer, in your statement you said that he has not come back to me, informed me about the progress of the case. Is that still the situation now, that you have no idea of the progress of this case? MR DAVHULA Mr Mambathola, the lawyer knows nothing, he is not aware that I am here in the Truth Commission. Even in Mr Mambathola's office I was no longer going and I was now a pensioner and I never went again in his office. MR ALLY But to your knowledge, you know that a formal charge was laid against the Venda police, is that what your lawyer was doing on your behalf, formally charging them for attempted murder or for injuring you? MR DAVHULA I am not sure, I am not sure of that. MR ALLY Thank you. We will certainly try and follow VENDA HEARING TRC/NORTH WEST 10 NP DAVHULA this up with your lawyer and establish what the situation is. But for now, I'd see if any of my colleagues would like to ask you any questions. Tom? MR MANTHATA What became of Ben Ramaphosa the man that you were with and he dumped you there, did you ever know anything more about him thereafter? MR DAVHULA Ben Ramaphosa is the, he was staying in a place where I first when there to ask for accommodation. MR MANTHATA Since this incident, did you ever meet Ramaphosa or did you ever know about him, that is what became of him? MR DAVHULA I don't know that person. Even if I met him in the street, I cannot identify him. MR MANTHATA Did you know about this that if you are found in a Chief's area you have to be taken to the Chief or to the Headmen? MR DAVHULA Yes, a person must be taken to Waqoma or to the Headmen, it is where I was hurt. MR MANTHATA What was the reason for people having to be taken to the Headmen or the Chief in those days? MR DAVHULA I think it was just a tradition that if someone has no place to sleep, he must go to the Headmen or sub-Headmen. MR MANTHATA ... Freedom fighters being seen in the area? MR DAVHULA ; I am not sure if they were fighting for that, I don't know. MR MANTHATA Okay. For all this time as you go from Silom hospital and what not, what was your family doing by way of support and trying to influence who ever Chief, who reported you to the police? MR DAVHULA What happened here at home is that I was VENDA HEARING TRC/NORTH WEST 11 NP DAVHULA unable to know that, because I was admitted in Garankua. MR MANTHATA That the family was told about your - that you were shot? MR DAVHULA It is true. Those people who have done this, went to my place and in arriving there, they went there on a bakkie, my mother went there, it is looking it is Mr Boris who is delivering a bag of mealie meal, but in fact it was those police and they were trying to investigate if I was belonging to that place and they saw that oh, this is the mother of that guy we have shot. MR MANTHATA After they met your mother, it is then that they were convinced that you were not a freedom fighter? MR DAVHULA I think when they arrived at home, they were trying to verify if they know my mother or family and they asked her if she has a brother and they asked her about my brother's house and they went to my brother's house and asked my brother's wife where his wife was working and they - after being told that my mother was trying to ask them why they were asking about Namadzavho Davhula, those people simply denied and said, no we know nothing about this Namadzavho Davhula. They never told my mother that they shot me. MR MANTHATA Yes, no further question, it was said that people could not walk freely, you know in their own country, it is freedom of movement. People could be suspected for anything at any time, thank you. No further questions. MR ALLY Thank you very much Mr Davhula, for coming forward.