=====================================================================
&#9; &#9;
=====================================================================
&#9; &#9;

TRUTH AND RECONCILIATION COMMISSION

HUMAN RIGHTS VIOLATIONS

SUBMISSIONS - QUESTIONS AND ANSWERS

DATE:&#9;23RD MAY 1997&#9;

NAME:&#9;SIPHO P NHLAPO

HELD AT:&#9;BALFOUR

CASE:&#9;JB3514&#9;&#9;&#9;&#9;

DAY 1 

____________________________________________________________________

DR ALLY: ........ incident of detention and of assault and torture.

Do you swear that the testimony you’re about to give will be the truth, the whole truth and nothing but the truth, so help me God.

MR NHLAPO: (sworn states)

DR ALLY: Thank you. 

MR MANTHATA: Good afternoon . Are you relaxed ?

MR NHLAPO: Yes, I am.

MR MANTHATA: Can you tell us about the ‘76 incidents please ? As it has been said can you brief and to the point ?

MR NHLAPO: In 1976, I can start by saying that I grew up in Balfour and I left Balfour in 1968. I went to Johannesburg and I stayed with my brother. In 1976 whilst I was still growing up, it’s only then that I started realizing that our people were then fighting with the then system or the then regime. I did not have much experience in politics and I was with my bother Sipho Nhlapo. He used to tell me that he was a Freedom Fighter and I realized that my brother was wanted for a certain bomb that exploded in Klapspruit. When my brother arrived, I think it was in the morning or at dawn on a Saturday, he was brought by certain people that I cannot explain. I did not know them. I was sleeping in the dining room. At that time I saw them bringing him in and he was hurt because you had been involved in a bomb explosion and he had come to seek refuge where I was. He pointed it out to me that I must not tell anyone that he was there. We should not disclose his whereabouts to anyone. I treated my brother in the house until such time that he got back to normal. Day and night I used to look after him and I used to look out for anyone who was coming and whenever a car approached I didn’t wait for the car to get to the gate. I used to wake him up and that’s the life that we led. I always had to make him aware that there was a car coming. He always told me that he was going to skip the country and go to Tanzania and that I should not bother myself by giving them the details. I should give them all the details because they were going to assault me or possibly kill me. He gave me the permission to give them full details because he knew that they wouldn’t be able to get him where he was. At night I would see the Comrades coming to visit him and they would also thank me for the job that I was doing. On a Thursday that my brother left, the Comrades visited my place. They were in a car and my brother told me that he was leaving for Tanzania. At that time I didn’t know where Tanzania was. My brother left for Tanzania on a Friday. On the following Monday, the police from John Vorster Square came to my place and they asked me whether I had seen Sipho Nhlapo and I said I didn’t know Sipho Nhlapo. I said that I was a visitor from Balfour as a result I knew nothing that was going on in that house and I produced my ID or my pass book and showed them that I was born in Balfour. I was still looking for a job at that time. I did not have the special permit to look for work in Johannesburg. Whilst I was still at my brother’s place, I was visited by the police. They switched the lights on, they demanded my pass book and they asked whether I knew Sipho Nhlapo and I told them that I knew him and that he was my uncle’s son. They asked me how long it had been since I saw him and I told them that it was a long time since we’ve seen each other. They said I should wake up and we went into the dining room. They fetched my elder brother so that we could sit together in the dining room. Whilst we were sitting there, the police went out to fetch somebody from the car. When they brought this person in they asked him who opened the door on the day that they had brought Sipho. He pointed me out as being the one who opened the door. They said to me that I had said I was staying at Balfour and I did not know anything. At this stage I couldn’t deny it because that man was pointing me out and identifying me as the man who opened up for him on the day that they had brought Sipho. I had to confess that Sipho was my brother and he stayed at Ndlamini. They said to me that because I had told a lie before, I had to be taken in for questioning. I was taken, together with Sipho’s mother and the person who was pointing me out. We proceeded to John Vorster Square. When we got there they put us into cells. They put us in isolation. They came back and begged me to tell them what information I had about Sipho. They undressed me. They found some burn scars on my body and when they looked, I think, knowing that Sipho Nhlapo was injured by a bomb or in a bomb explosion, he sustained burn injuries. They then thought I was him. At that time when they looked at my ID book, they saw that my name was also Sipho Nhlapo so they thought I was Sipho Nhlapo. My brother told me that I should not steal any of his photos. He had told me that I should also be on the lookout for the long arm of the law. I took certain photos and hid them in the garden. That’s where I hid them. After Sipho had left, before he left he told me that I must never ever try to hide his whereabouts because the Boers were going to assault me and condemn me.

MR MANTHATA: Sipho, can I interrupt. Can you tell us how they handled you while in detention please ?

MR NHLAPO: When I was in John Vorster Square, we were put in our respective cells. The following morning they came and begged me to tell them about Sipho’s whereabouts and I had to disclose that he said that he had gone to Tanzania. They left us on that particular day. On the following day we were put in different cells. That’s where I was assaulted. They would put me upside down. I don’t know how many floors up and that’s when they would grab me by the neck and tell me that if I did not disclose the truth, they would let me go and I would fall onto the ground on the floors or stairs below. They asked me why I did not tell them that my brother was there and he had been injured in a bomb explosion. I told them that I was very young and I couldn’t have known that he was injured in a bomb. They said to me that if they don’t get Sipho they would come and pick me up. They also told me further that even if they do get him they will call me to come and testify that Sipho was the one or to testify as to his identity.

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: It’s very difficult for me because I can’t speak about my family. I grew up suffering and I never had any source of support, I never had parents so I could not be helped. I always told myself that I had to see my way out. I did not have a family as a support system. I always saw to myself.

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: You couldn’t have been thirty.

MR NHLAPO: I could be possible.

MR MANTHATA: Okay. Can I - Okay. Can we go onto another stage of your suffering. This was ‘80.

MR NHLAPO: In 1977 when I came back to Balfour I discovered that Balfour had changed. When I got here, I realized that there were many things. There was some unsettlement in Balfour because people or Boers would come into our yards and ask us for pass books as well as permits and I objected to that. One time when I was in my yard at home de Bruyn came and I went out of the gate. When de Bruyn came and stopped in front of my yard together with the Constable Paulos Ngomezulu, they got out of their van and asked me for my pass book. I said, this is surprising, how can you ask me for a pass book when I’m going out of the gate because my pass book is inside the house. De Bruyn produced a gun. I said there was no need for him to produce a gun because I had my pass book in the house. We proceeded into the house to look for my pass book. When we went into the bedroom we discovered that my mother’s bedroom was locked because my mother had gone to the office. That’s when we had - They wanted to assault me because I couldn’t produce my pass book and the bedroom was locked. They produced guns but I was able to run away. They hunted me in vans and they got me next to the garage as I’m pointing. I thought I was going to sprint at that time. They caught up with me and put me inside the van and I was taken to the charge office. That’s where I was tortured. They said to me I have come to display how clever I was because I was coming from Soweto. They burnt and tortured me. Thereafter they took me to the police station. At the police station I was charged for disturbing the Government because I was not listening when they wanted my pass book and I did not posses a pass book and I did not have a work permit. They said I was obstructing the ends of justice. I was never taken to the doctor thereafter. I remained in the cells and I would appear in court. Thereafter the matter would be remanded for a later date and they would take me back to the cells. That’s what was happening throughout. That’s where it started. From 1977 I have been tortured, humiliated and harassed by the police until this new Government came into power. I have always been present with all that happened in Balfour. Whether I’ve been present or not, they would look for me and I would be brought to answer for deeds that took place whilst I was away.

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: I stayed from 1986. In 1986 I stayed for one or I think it’s two months.

MR MANTHATA: We were still at ‘77 here in Balfour. Are we through with ‘77 ?

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: According to them, they said that I refused to produce my pass book and I told them that I had not refused but I could not break into my mother’s bedroom if she was not there and I had no right to enter into her bedroom. I told them to wait until such time that my mother had come back so that I could produce my pass book.

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: Are we then coming to ‘88 or ‘87 ? The years now. We are through with ‘77 ?

MR NHLAPO: Yes, we are.

MR MANTHATA: Which other year were you arrested and tortured ?

MR NHLAPO: 1986.

MR MANTHATA: In ‘86, what had happened ? Pass offence as well ?

MR NHLAPO: In 1986 there was a boycott. I don’t know what had happened because at that time in Siyathemba when I arrived I had not yet met with any political organizations so I was not clear as to what was happening. A shop was burnt or set alight and a certain Mgune child was shot. On the day of the funeral we proceeded to the funeral and the Boers who were led by Station Commander de Bruyn, started shooting at random, throwing teargas canisters at us. When .............. each and every person has got a right to be buried. We went to try and speak to de Bruyn as well as his entourage of policemen and we requested them to give us permission and offer us security. If they were afraid that we were going to protest thereafter they should put enough security. They said I was talking shit. As I was trying to negotiate they swore at me, insulted me and said I should leave the place. When the Adjudant spoke he said he has seen me and he’s going to get me later on. They took that person and went to hide him but I don’t know where. We don’t even know to-day where he is. The situation was tense in the residential area. Houses were being burnt down. My brother’s house, Npostole, was also burnt down. Mishack’s house was burnt down. When Mishack’s house was burnt down I was disturbed and I went to look. I saw a Caspir with Adjudant de Bruyn and we watched my brother’s house burning down. As I was standing there I saw the Caspir and the policeman in the Caspir called for me and I saw a number of police. They said to me that I should get into the Caspir. I was scared that they would assault me so I voluntarily went in. When I got into the Caspir I got other Comrades who were inside. They said I should lie on the ground flat and they kept on tramping on us whilst we were lying flat on the ground. I totally refused to lie and the ground so that they could trample on me. The Caspir was driven to the office in Balfour and when we got into the office, they closed the office and we were assaulted. Luckily I was able to protect myself. I said, whoever is going to touch me, I’m going to tell the ANC attorney or ANC lawyer and they were somehow scared by me statement. They left me alone but they assaulted the other Comrades. They took us into the vehicle and they brought us to Balfour. When we got the Balfour police station I discovered other Comrades from Rotunda Daduza, who had been assaulted. Some of them could not even move because they had been so badly injured. As I was better off than the others in terms of injury, I tried to help the other Comrades who couldn’t do anything for themselves. We tried to nurse them back to health. Quite a number of us were packed into one cell and we couldn’t sleep because we were packed like sardines. I told the other Comrades who were better just like me, that we should help the others who were injured with the blankets and we could remain sitting because we didn’t need to sleep. Whilst we were at the police station one evening we were accused of being members of the ANC and they said, we should go and tell Oliver Tambo to release us. They threw a teargas canister into the very small cell. We tried to take the newspapers and extinguish or put the teargas canister off. We took the water from the toilet and tried to pour it over the teargas canister. All this time the police were laughing at us. We were brought food and the food was raw, we were brought tea without sugar and we protested and said we were not going to eat that kind of food. The other policeman that brought the food went to report that we do not want to eat the food. They said, Sipho said, they were not going to eat that food and this policeman came and asked me what I was saying. I re-iterated my statement that we were not going to eat that food. They started kicking me and assaulting me for refusing to eat the prison food. They said I was talking too much. The following day we were taken to Kroonstad. That’s where we were hidden, in Kroonstad. All this time we were trying to mobilize ourselves. We toi-toi’d, we sang protest songs. We were taken to Heidelberg.

MR MANTHATA: Sipho, please help us. You seem to be talking about collective treatment. You are talking more about your bravery and ...(indistinct) You are talking about .... Could you please tell us of the treatment that was given to you in detention ? In ‘88 as you put it. Just be very brief and get to that point.

MR NHLAPO: But I must explain. Please do not harass me as well because I need to explain this because I’m relating this thing as it happened, the events, as they unfolded up to the moment that I was in Modder B. Now I will not be able to jump all things and go to one matter and leave the other matters out. I need to explain how the events took place because wherever I went I was tortured and harassed. I was thrown from pillar to post, from one prison to the other because I wanted to fight for the rights of the other prisoners. I was the one who was older than them. I was put into a straightjacket. It was the first time I saw a straightjacket. In the morning at about six a.m. I was put into a straightjacket. They tied me. There is a certain room which they call Kuluvutu, which means the dungeon. I stayed there and there were no lights. I could not move, I could not do anything. Even when I was asleep I could not turn and be in another position. I had to remain in one position throughout. They realized that time was passing by. They took me from the dungeon and took me out of the straightjacket. They took me to Modder B. When I was at the ...... section, I was assaulted and taken by a certain van, taken to Modder B. When we got to Modder B prison they said I should looked after because I was a problem. At that time I had been tortured and it was the first time that I saw a straightjacket. I was very sick, swollen and I urinated on myself.

DR ALLY: Please, if we can just respect the witness and just allow him to tell what happened to him, please.

MR NHLAPO: I remained in Modder Bee. I was never even taken in for medial attention. At times when I was in the straightjacket, it affected my left arm because it was tied so tightly around me and my body was swollen. I was not even able to move or do anything. Thereafter I was never ever subjected to any medical attention until I came to Balfour to appear in court. I was given free bail together with Jacob Nhlapo. We attended the case at the regional court in Heidelberg. On the last day of the case the court reached a conclusion and they said there is evidence that I was at the Comrade’s funeral but the policemen were not able to put the evidence in such a way that the court was satisfied. The court was satisfied as to my presence at the funeral and that I should refrain from being at certain gatherings, especially political gatherings.

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: In ‘88 there was no ANC. ANC was revived in 1990.

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: What I’ve heard about him is that he is working within the ANC but he hasn’t yet come back into this country. I’ve heard from family members, that is, my relatives in Johannesburg but I do not know in which camp he is. I know that he does visit his home but I haven’t ever seen him. 

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: At that time what the organization did at that time disturbed me because when I looked at what was happening around me when I was growing up, my eyes filled with tears. This person was sleeping but he had been shot and it was his right to be buried but the then Government called upon the police to come and refuse us permission to bury our Comrade. Even his parents or his parent’s rights were eroded because she could not exercise the right to bury her son. We don’t know where they buried him and that’s what disturbs me even more because they smashed the corpse and took it with.

DR RANDERA: Sipho, you said earlier on that your brother’s house was also burnt on that day but you were also arrested for burning houses on that day. Is that right ?

MR NHLAPO: They said they were arresting me for having been present at the Comrade’s funeral.

DR RANDERA: Thank you, I have no other questions.

DR ALLY: Sipho, thank you very much. You’ve given us a very long statement and very comprehensive. You’ve also spoken for quite a while on your experiences, your torture. You give the names of people who you say were involved in your torture, du Preez and others, de Bruyn rather sorry and du Preez. We have written to these people, tried to trace them to let them know that these accusations have been made against them, which is what we do whenever people are named as alleged perpetrators. We give them an opportunity to respond by sending letters to them. As soon as we have any new information on your case we will certainly be in touch with you again. Thanks very much for coming and giving your statement.

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.

-----------------------------------------

 

 

 

 

 

