 

&#9;TRUTH AND RECONCILIATION COMMISSION 

&#9;HUMAN RIGHTS VIOLATIONS

&#9;SUBMISSIONS - QUESTIONS AND ANSWERS

DATE:&#9;04.09.1996&#9;NAME: NQAZI FLORA MAHLABANE

CASE: 0950 - NELSPRUIT

_________________________________________________________

CHAIRPERSON: Could I now call Mrs Mahlabane to the stand, please.

&#9;Could I just inform the students from the ZB Kunene Secondary School and the Valencia Secondary School that a bus will be leaving from here at one o'clock to take you back to your school for the lunch time. So just remember at one o'clock that you should be out there if you intend leaving. 

&#9;Flora, can you hear me? 

MRS MAHLABANE: Yes, I can hear you.

CHAIRPERSON: Do you want to tell me who the person is who has come with you so that we can welcome him?

MRS MAHLABANE: It is my parent, my father.

CHAIRPERSON: We would like to welcome you to this hearing today. Before I begin to ask you to tell your story, I am going to ask Mr Lewin to administer the oath.

MR LEWIN: Mrs Mahlabane if you could stand please.

NQAZI FLORA MAHLABANE: (sworn states).

CHAIRPERSON: Flora, you are going to tell us about your brother and I would ask you to feel comfortable and to share with us. You can begin to tell your story.

MRS MAHLABANE: I have got my brother at home. The name was known as Mandla. He was a veteran. He joined the military wing in 1976. Then he went to exile. It took him three 

years. In 1979 he was sent to maximum jail in Pretoria. 

NELSPRUIT HEARING&#9;TRC/MPUMALANGA

&#9;2&#9;MAHLABANE

That is where he was sentenced. He was sentenced there together with his colleagues. Some of the colleagues are Naftan Manane, the other one is Sebo Mashigo. 

&#9;He was sentenced life sentence. It was on the 27th. After his sentence he was assisted by Dana Priscilla, they are the actual people who stood for him. His appeal was in 1980. It was on the sixth month after his sentence, it was in June. His appeal actually was made at Bloemfontein court. When he explains to us the way he was arrested until he went to Pretoria, the time they were looking for him, all the time at home we used to be visited by police. They were coming time and again. My brothers were beaten, my uncles also were beaten. They were using the back of their guns by the police. They were saying we must show where he is. The old people said well, we don't know him, we don't know his thereabouts. 

&#9;On the day when he was sentenced in Pretoria, the Premier actually sent a letter to inform my father that that day was the day to appear before the court and brothers and sisters should actually go and be there. They were there.

&#9;After his sentence he was then sent to Robben Island. That's where he actually, he stayed there for 12 years. Actually he was expected to stay there for 15 years. Then he explained there while in jail, that they want him to condemn centre. He told us that at the condemn centre they put a balaclava and an electric wire and it damaged the nerves on top of the head, until he got confused in his mind. Even now, he is not normal, he can't work, he can't do anything. 

&#9;After that, as we were waiting at home, they were 

waiting that we should be celebrating, he would turn 40. We NELSPRUIT HEARING&#9;TRC/MPUMALANGA

&#9;3&#9;MAHLABANE

went there as a family. We were going to visit him as usual. Pres Mandela was also present on the day of the celebration and some of the other comrades were also there. When we went back home, he was about to be released, because out of the 15 years I think, he spent only three years. When his date came we were called. They said to us they want us that we must go there because this person is now ill and he is confused, he is mentally disturbed. This letter actually coming from Britain. These were actually people who were giving him assistance, and people who were prepared to pay or finance him, so that we could also afford to go the place in Cape Town. Premier Phosa was also present when we received this message. He explained this to my father and he said he should go to Cape Town. Because there is a letter which came which indicated to us that he is mentally disturbed. They are also not aware actually what happened, what went wrong. They took him to the hospital. That's where he got treated by Dr Zabow. On the last date, it was myself and my father, we took some days that he should remain at Valkenberg and in an island, and it became better for him. They returned him to the hospital. They explained to us, the doctors explained to us, he said this person will never become normal again, he does't know actually what happened. He only saw a person who was brought to him and he was told that he is mentally disturbed. Then doctor said the only way in which you could keep him alive is only to take tablets. There is nothing that can be done in order that he become normal. 

CHAIRPERSON: Now if you are going to talk, then let me just ask you to take the oath, please. Will you stand?

MRS MAHLABANE: Can I explain a little bit? My father wants NELSPRUIT HEARING&#9;TRC/MPUMALANGA

&#9;4&#9;MAHLABANE

to explain himself because it is also affecting him.

CHAIRPERSON: That is fine, except that before he does I just want him to take the oath properly. That is all right.

MR MAHLABANE; (sworn states).

CHAIRPERSON: Thank you, Babba.

MR MAHLABANE: The last time at Robben Island, when we came from the Van Riebeeck Hospital, they called me to ask a question, to ask me how was he born, because we are surprised this person now, he is now mentally disturbed, and yet we were with him. I said to them no, you cannot actually employ a person yet you see him as mentally disturbed, how can you employ such a mentally disturbed person. In other words, you are the people, you are the cause, he got mentally disturbed here. Then they said well, they are also surprised, they don't know. But before calling me as I was flying through to Cape Town, they only wanted me to ask that question. They said to me why is your child mentally disturbed? Then I said well, I don't know him being mentally disturbed. You can check for yourself why is he mentally disturbed. Then they said well, there is nothing that we can do, we failed; it is better for us to send him to Johanneburg, because it is far away. It will be easier for you to go and visit him. Then I said to them you want now to shift the responsibility to me. They said no, no, it is not like that. Then it was almost during the festive season. Then I came back with the bus. On my arrival here at home they left him in Johannesburg. There was nobody to accompany him home. I took the trouble to hire a car, to take him home. That is mentally disturbed to me was not,

I could not detect that. I looked at him around, no. I only said there is something of course, because what happened, 

NELSPRUIT HEARING&#9;TRC/MPUMALANGA

&#9;5&#9;MAHLABANE

you find him cooking, and if someone is cooking you will find him also accompanying the person who is cooking also. Then we left it at that. Then they said no, he is going to be returned, he will go back, he is only here for Christmas only. Then after Christmas he will have to be sent back. Then I said how can you send such a person who is already mentally disturbed. Can I afford to do that? No, I don't have means to do that. After some time we were together with him. I am no longer working. The little amount which I get from the pension, it is meant only for my children and also for his children. He is still there at home.

CHAIRPERSON: Thank you, Babba. I just want to make sure that I get the story properly so I am going to ask you, Flora, just to confirm something for me. You say that your brother was sentenced to death on the 27th of January 1980. Is that correct?

MRS MAHLABANE: Yes, it is correct. He was sentenced to death in 1980, on the 27th. It was a death sentence.

CHAIRPERSON: But then there was an appeal to the Appeal Court in Bloemfontein and that was then changed to a life sentence.

MRS MAHLABANE: Yes, after he was sentenced to death and he made an appeal on the 2nd of January, he got an appeal.

CHAIRPERSON: You also say that he was then sent to Robben Island where he was supposed to serve 12 years. Is that right?

MRS MAHLABANE: That's where he actually spent 12 years and yet he was expected to spend 15 years.

CHAIRPERSON: Can you tell me what he was sentenced for, 

please.

MRS MAHLABANE: In other words, the way he was sentenced, 

NELSPRUIT HEARING&#9;TRC/MPUMALANGA

&#9;6&#9;MAHLABANE

actually the crime was not actually meant for him. It was not his responsibility. His case actually is that he went to Soekmekaar where they attacked the police station. Because he was actually the senior person of the ANC during that time, as he was a member of the ANC. What I can still remember, he was using a four-seater car at that time. He was actually the person who was being sent. Although he had prepared to go with, but he was actually in charge in ANC.

CHAIRPERSON: What actually happened at Soekmekaar?

MRS MAHLABANE: That's where they said they actually exploded, they said - they did not explain to us are they people responsible for the explosion or not.

CHAIRPERSON: At this point in time, what is it that you actually looking at the Commission doing for your brother?

MRS MAHLABANE: What we are requesting the Commission to do for us, now that he was a member of the ANC, it was also difficult for us. He was actually expected to receive his remuneration as he is having five children and he cannot work any longer. He can't have means to look after the children, and to prepare for their future. Although we did approach the ANC office, in order that he should get something, to continue with the schooling. Today they can't continue with the schooling because they don't have money. The only money which they use from the granny. After some time we are here, we actually consulted the lawyer in order to get something. The lawyers told us that the whole thing is still under process. There is nothing that we did receive, it is under process. Since February. Because it was announced that all veterans should apply for financial 

assistance. But unfortunately he did not receive anything because he is already mentally disturbed. There is no way 

NELSPRUIT HEARING&#9;TRC/MPUMALANGA

&#9;7&#9;MAHLABANE

that he can sort of go there. Then he said I should go and talk to them. Up to a stage where we explained everything, that something would be done. Up till today nothing, he has not received anything.

CHAIRPERSON: Does your brother receive any treatment for his mental condition?

MRS MAHLABANE: Normally we send him to the Goudini Hospital, that is where he receives his normal treatment.

CHAIRPERSON: We will try to put you in touch, I think with the, and try and get the ANC office to communicate with you, because they have passed a law relating to pensions for people like your brother. I think that it would be appropriate to make sure that his name is on the list of those who should receive pensions from the government. That is certainly on the cards for people who have been veterans. We will also try to make sure that - we will immediately try and make contact the Mental Health Department to make sure that at least he is able to get some kind of counselling for his condition. We will look into the matter and come back to you. However, I am going to ask the other Commissioners if they want to ask you any questions.

MR MALAN: No questions.

MR LEWIN: Just one question, Mrs Mahlabane. You mentioned that balaclava with electric wires, you say he was treated with when he went to Central Prison in Pretoria. Have you got any more details about that?

MRS MAHLABANE: Actually this was related by himself, the time when he was still better. He related this to us. Actually we did not get it from others, but he said to us 

they were actually putting a sort of a hat which was covering his head and it was connected to electric wire.

NELSPRUIT HEARING&#9;TRC/MPUMALANGA

&#9;8&#9;MAHLABANE

MR LEWIN: It was when he had already been sentenced and was sent to the condemned section.

MRS MAHLABANE: Yes.

MR LEWIN: Because that is something we will have to investigate because once someone is sentenced, that sort of - it is the first time I have heard of that sort of treatment. So we would need to look into it.

CHAIRPERSON: Thank you, Flora and Babba for coming. It is a very heartbreaking story and one of the problems that we are experiencing in our country is that there are a number of people who went outside, who are now suffering from post-traumatic stress and who in fact need counselling. So that their families can actually live with them. We have had the testimonies of many young men who were part of MK and who now say that they feel this wildness inside of them, and often they fight with their families and they cannot stop themselves. One of the thing that the Truth Commission will have to do is look into making sure that there are people who are trained to deal with trauma and who can actually assist young people to deal with this kind of factor which is now manifesting itself in the country. We will see what we can do. There are resources for people like your brother and we need to make sure that you are put in touch with them. Thank you very much, both of you, for sharing your story with us. 

&#9;Can I please ask that now when we break for lunch, we allow the witnesses to move out of the room first, before we all leave. I would also like to remind you that we will begin again at quarter to two. Thank you. Could we all 

stand while the witnesses leave, please.

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