hrvtrans HUMAN RIGHTS VIOLATION HEARINGS 1996-06-25 WORCESTER 2 CT/00249 MZUKISI CATHNICK MDIDIMBA MZUKISI MDIDIMBA SEVERELY BEATEN BY AMASOLOMZI, AND POLICE https://sabctrc.saha.org.za/hearing.php?id=56165&t=&tab=hearings https://sabctrc.saha.org.za/originals/hrvtrans/worcest/ct00249.htm MR BORAINE Now having said that let me turn to you and say how very glad and grateful we are that you have joined us. We are very pleased to see you, we talked about age just now, and all I can say is without knowing how old you are, that you are a young man and in 1986 when the story begins of what happened to you, you must have been very-very young indeed and so it must have been particularly pain full and traumatic for you. We want you to feel comfortable where you are, even though it is quite a strain, to talk in front of so many people. But you are part of the healing process, we need you to share with us your story so that other people can also be healed and so that this should never happen again. So feel confident that you have a contribution to make, but before you do so, I would ask you to please stand so that you can take the oath. MZUKISI CATHNICK MDIDIMBA Duly sworn states DR BORAINE Thank you very much, please be seated. Mr Mdidimba can you hear all right on the earphones ? MR MDIDIMBA Yes. DR BORAINE Fine, then we can start. 1986 was a very-very bad and rough period in our history all over South Africa, as well as in Zolani where you came from. Do you want to tell us about what happened on that day, the 24th of May 1986. MR MDIDIMBA We were at a funeral it was on the 24th May 1986 on Saturday. We dispersed after the funeral, I went together with my uncle and we went to winery - from winery we came back at 8.00 in the evening. I would like to explain that our location is just below and the town is up a bit. When we went towards our location we could see that there was a smoke and the police searched when we met them and they said we must go further and then we went to our house. I went to Zwelitsha that was where my uncle was staying. We could see that the neighbours house, it was Mr Gqoki, his house was burning. After 8.00 we could hear sounds of cars, vans and hippos and I heard people next door and there was insults also I could see that one of the neighbours was going passed it was Panie. I looked through the window, I could see that Mr Nkohliso was next door. Panie kicked him and he shot this man who was lying on the ground. I was afraid and I closed the curtains and I was afraid that they would come for me. We could see that it was door to door search, they were proceeding towards my house. I requested that Konayisa should help me because she was on the double bed and I wanted to get under the bed. I could hear a cry as I listened I could hear that it was my brother, I thought that every commotion has subsided I opened the door at the kitchen and tried to peep and as I went out I could see that Matroos has also saw me, and he started shouting and saying there is Mzukisi. They started chasing me because I ran out as soon as called out for the others. They started hitting me with the sticks and the sjamboks. I was assaulted for quite a long time, I was able to run away I was bleeding this time. They started chasing me again and they were hitting me as I was having a big distance between them. Unfortunately I slipped and then I fell on the ground. When I was looking around I could see that Panie was already next to me I was afraid and then I ran again. I felt that okay I should surrender and go to the police van, I went there and I felt that it is safer in the van. When I got there I found somebody who was already shot and who was also at the back of the van. Panie came opened the door of the van, he grabbed me and pulled me out of the van. They started assaulting me again - there was lot of them. On my right knee dislocated and I felt that I was unconscious when I regained consciousness I could feel that they were hitting me on my testicles and one of my testicles ascended. I was taken to the police cells at Robertson, the people who in the cell assisted me and they tried to replace the knee cap and also to pull the testicles so that they descend again. There was lot of youths and then all of them were released I was the only one who was detained further. I was together with the adult offenders. DR BORAINE MR MDIDIMBA After a few days there were some who were taking advantage of me because I was weak and they started assaulting me and then I was taken to hospital. That is where I got medical treatment through Sergeant Vatsha who was at the hospital. ALONE I was detained and convicted for 90 days and 90 nights Without trial in solitary confinement and in solitary confusion Alone all alone. With no one to talk to No visits were allowed from my beloved ones No visit was permitted from my beloved ones who knew my whereabouts. Alone all alone. Youths were being harassed Parents were been restricted from gatherings and asking my whereabouts. Expelled from school and positive campaigns Alone all alone. No priests were allowed No advocates knew my whereabouts No newspapers were allowed No radios being permitted Alone all alone. Jail to jail I was used too bread Interrogation and depression and harassment were my comforters Alone all alone. Moon in face and wet blankets I was used to Tears with no one to dry I was used to Hostile questioning was ringing in my ears Sjamboks and batons are my bosom friends Alone all alone. Alone in police custody Human dignity being my dreams Peace and reconciliation being my vision But the spirit of my leaders ring as the bells of the churches Forgive but not forget During the night I start to bleed continuously I prayed in anger they are coming The roar of the AK47 in my ears were my comforters Slogans and toi-toi was always in my dreams They can do what they want with my body But my soul and spirit will never die Alone all alone. DR BORAINE Thank you Mzukisi. I would like to make a few comments and ask just couple of questions, but first let me ask you can you remember when did you write the poem ? MR MDIDIMBA I wrote my poem in 1991. DR BORAINE MR MDIDIMBA Yes DR BORAINE Thank you. MR MDIDIMBA Yes. DR BORAINE We will make that arrangement a little later on, thank you very much. You mentioned that you are now studying, can you tell a little bit what you are studying and what college you are in? MR MDIDIMBA DR BORAINE We can get more details about little later on. And you also mentioned that you are not very well sometimes and that you have some medical problems. MR MDIDIMBA Ja. DR BORAINE Are you receiving any medical treatment at all from a clinic or from a hospital or doctor, or anyone? MR MDIDIMBA DR BORAINE [indistinct] you have somebody who cares for you and is looking after you. You also mentioned that you have a child, how old is your child? MR MDIDIMBA Melody is four years old. DR BORAINE And she stay with you? MR MDIDIMBA No she is staying with her parents on the mother side. DR BORAINE Thank you very much. I just want to ask one last question. You mentioned that you were 15 years old and you were a juvenile but you were put together with adults, which must have been a very bad experience apart from all the beatings that you got. MR MDIDIMBA During the time of my detention I was under Sergeant Bishop, I was admitted at Pinelands the other time. DR BORAINE Is there anything you would like to tell us, before I hand back to the Chairperson ? MR MDIDIMBA DR BORAINE [indistinct] to us in every way - thank you. CHAIRPERSON Thank you - any further questions - Denzil - Pumla Gobodo. MS GOBODO-MADIKIZELA Thank you [indistinct] You explained your loneliness while you were detained, I would like to ask - how did you manage - how did you handle the situation? MR MDIDIMBA MS GOBODO-MADIKIZELA You mentioned Matroos, Kokoloi, the other one is Watu - is Panie - Panie Klaas ? MR MDIDIMBA Yes, he is Panie Klaas. MS GOBODO-MADIKIZELA Is Meshack [indistinct] MR MDIDIMBA Yes, he is [indistinct] MS GOBODO-MADIKIZELA Is Ntuthuzelo Luthango? MR MDIDIMBA Yes, Ntuthuzelo is Luthango. MS GOBODO-MADIKIZELA What is the name of Maye ? MR MDIDIMBA MS GOBODO-MADIKIZELA Where they all members of vigilantes ? MR MDIDIMBA Yes MS GOBODO-MADIKIZELA Can you explain why were you chased by these people ? What did they want from you? MR MDIDIMBA I cannot explain, I cannot tell you what was happening. MS GOBODO-MADIKIZELA Can you remember probably as they were working with the others ? Or did they pretend to be the police ? MR MDIDIMBA I think there is because I was a very active as a political organiser. Because even when the house was burnt I was not even there. UNKNOWN CHAIRPERSON We thank God that gave the youth support and you gave the support to the community so that you - the youth can be the leaders of the country and you can enjoy the fruits of the struggle that you were fighting for. Each and everyone black and white we thank you a lot for your presence during your struggle and the participation, we accept it. We do understand your pain and we look forward hoping that we will help you a lot. Thank you very much. CHAIRPERSON [indistinct] to a news item that has been fairly prominent. As a consequence of the various news reports circulating this morning about the letter received by the Commission last Friday, I will read a brief statement on the situation: A lawyer representing twenty two members and ex members of the South African Police has written to me saying that his clients are prepared to approach the Commission with Amnesty applications. He has told me their actions are supported by Mr Vlok and various former Generals of the SAP who will accept where applicable collective responsibility and also may also apply for Amnesty. The lawyer has also provided us with the list of incidents to be covered by the proposed applications. No Amnesty applications have been received yet. Reports that Generals themselves have written to us, are not correct and it is also incorrect that twenty Generals are involved. The Commission will not at this stage provide any further details of the letter. The lawyer who wrote to us have not yet had a reply whether the news emerged which we regret and we would prefer to conduct discussions directly with lawyers and not through the media. We are determined handle this matter carefully and correctly and we will of course be consulting with the Chairperson of the Amnesty Committee, Judge Hussan Mall. The potential Amnesty applicants will be treated in the same way as any other Amnesty applicants namely in a dispassionate and even handed manner. Thank you Please stand and wait until the witnesses and their supporters families leave.