&#9;TRUTH AND RECONCILIATION COMMISSION 

&#9;HUMAN RIGHTS VIOLATIONS

&#9;SUBMISSIONS - QUESTIONS AND ANSWERS

 

DATE:&#9;&#9;28.10.96&#9;&#9;ALEXANDRA

NAME:&#9;&#9;JABU JAMES MALINGA

MS SOOKA: Before you begin we would like to welcome you for coming here today. We appreciate you sharing what has happened to you. Before you give your evidence I would like to ask you to take the oath please. 

JABU JAMES MALINGA (s.s.)

MS SOOKA: I have asked Dr Randera to assist you with the telling of your story and I will ask him to now lead you. Thank you.

DR RANDERA: Jabu, good morning. Do you want to just introduce your friend/brother to us. Oh, is it the briefer. Sorry, my apologies. Jabu, you have come to talk about many incidences that happened to you, starting in 1976 and going all the way through to 1986. Before you tell us about that won't you please tell us something about yourself. Are you married, what work are you doing, do you have any children? 

MR MALINGA: Yes, I am married with three children. I am not working. I was unemployed since 1983 when we were involved in the political struggle. The thing that led to me being unemployed was the fact that I was involved in political organisations. When I was on my way to work one day they told me that I was sacked, I cannot work because I am involved in political movements. I enquired if there is any funds due to me, they told me that no. Whilst I was still enquiring I was arrested and I was interrogated. They wanted to know whether I know Keri who was staying on 6th

ALEXANDRA HEARING&#9;TRC/GAUTENG

 

&#9;2&#9;MALINGA

Avenue and I told them I don't know him. 

DR RANDERA: What work were you doing right up till 1983?

MR MALINGA: I was working in a steel firm. 

DR RANDERA: I want to take you back first to 1976 because that is when your story starts and then you can go on to tell us what happened to you in 1983, as well as the other incidences. Can you tell us what happened on the 18th June 1976 to you.

MR MALINGA: On the 18th June 1976 in the morning I was at home. I saw a group of children passing by singing. I was not working at that time. They said we must come out and support them. They are fighting for their rights as students. They were against the use of Afrikaans. Because they were black students we had to support them. We started on the Third Avenue at the beer hall. We were chanting freedom songs. Then we went to the health committee. Whilst singing there the policemen started shooting. That is where the whole trouble started on that day. We fought with the policemen from the health committee. Then we went to the buses. When we got to the buses the policemen were there, they were shooting. We ran away towards the beer hall side, next to the cinema. And when we got there there was already chaos, the bottle store was burnt. People were looting alcohol. We ran away up until Sixth Avenue and that is where they shot my friend there, on Sixth Avenue. I was hurt because when I looked back I saw that he was just in a blood bath, I couldn't even see his head. We ran off and then we got onto Seventh Avenue the policemen were fighting with the school children and I decided to fight no matter what happens to me. I fought with these policemen and some police vans appeared from Eighth Avenue. They were shooting

ALEXANDRA HEARING&#9;TRC/GAUTENG

 

&#9;3&#9;MALINGA

all the time and that is when they hit me at the back. And this bullet went right through the left arm, next to the ribs. And they arrested me on 12th Avenue. Bleeding like that they put me into a van and dropped me off at the clinic. I stayed at the clinic from the morning and I was only attended to at about five o'clock in the afternoon. From there on I was handcuffed and then they said they were taking me to the General. I stayed there for two weeks. When I got back I met Mtibi. He asked as to are you still alive, I didn't respond. I didn't respond to Mtibi's question. They took me to Brits at the farm, there is a farmer there by the name of Makagala. I was working on that farm with this wound, with no medical treatment. This went on for three months and they brought me to (indistinct). That is where I was released. Nobody knew where I was. I was scared to tell my parents where I was and what I was doing because my parents didn't like the things that we did as the youth. They were religious people. I didn't want to tell them because they would beat me up and chase me out from the house. I didn't tell them about all issues about the meetings that we are attending. Nobody took care of me. From there on my father took me to the farm areas to stay there for a period of about a year and then I came back in December 1976. I don't remember the date clearly. 

DR RANDERA: Jabu can I stop you there again please so that we can deal with one incident at a time and you can give us the full story about each incident. You say that on that day, on the 18th June, your friend was shot. What was the name of your friend?

MR MALINGA: His name was Japie, but I don't know his name, he was staying on 14th Avenue. His family owns a dairy

ALEXANDRA HEARING&#9;TRC/GAUTENG

 

&#9;4&#9;MALINGA

shop.

DR RANDERA: And he was killed.

MR MALINGA: Yes, he was killed at that time. I couldn't even see his face. And even I couldn't attend his burial. I was quite disturbed. I couldn't even attend the funeral. 

DR RANDERA: And you said you got involved in fighting with the police. What were you fighting the police with?

MR MALINGA: We had stones and dust bin lids. From there on we ran away. That is when they arrested me on 12th Avenue.

DR RANDERA: You also mention a Mr Mtibi. Who is Mtibi? 

MR MALINGA: He was a local policeman here in Alexandra. He was arresting all criminals. 

DR RANDERA: Now at the Alexandra clinic, I presume that is where you were taken to first before you went to the General. You had to wait for many, many hours. Is that just because there were so many injuries?

MR MALINGA: When I got there there were only five people who were injured. There were not many people but we were just ignored and we didn't know what the reason was.

DR RANDERA: And then you say you were taken to Brits. You were put in a prison in Brits or what happened there?

MR MALINGA: In Brits it was a farm. It belonged to a white man. He was called Makagala. He was planting - he was farming in dagga. 

DR RANDERA: Before you went sent to this farm were you charged and sentenced?

MR MALINGA: No, I was never charged, they just took me to the police station at Brits and then they told me that I had to go and work for this white man. 

DR RANDERA: Okay, Jabu. If I can just take you to 1978 and

ALEXANDRA HEARING&#9;TRC/GAUTENG

 

&#9;5&#9;MALINGA

if you can perhaps tell us a little about what happened to you in 1978. Are you okay? Jabu?

MR MALINGA: Yes, I will talk, I am fine. And Mtibi and Skieter and (indistinct) Van der Linde, they were in a green Chevrolet. They called me, they said I must get into the car. I wanted to know why. They said you kaffir you mustn't ask a lot. Get in. Then I went inside the car and left off with them. They took me into some bush in Alexandra where it is a highway at the moment. They took some meat from the car, they said I must just go and get some wood for them. I did as I was told. And then they said I must make fire for them. Thereafter they said I must braai the meat for them as well. And thereafter they were eating and drinking alcohol. They wanted to know why didn't I die on that day when I was shot. I said I don't know. They said you must tell us about your friends that you were with on that day and you must tell us about Tsetsi Mashini when you talked to him on that night at school, on the 15th June. I must tell them what we were talking about. I refused to tell them any details of our meeting. Then they started beating me. They said I knew too much, they will show me something that I don't know. They handcuffed me and the fire was still burning at that time. They took me towards the fire, they threatened to burn me should I not be prepared to talk the truth. I didn't think that they would burn me or not. Whilst they were assaulting me and the other one lifted my leg they dragged me towards this fire. They started burning me, they said I must talk the truth. I refused because I knew that should I tell the truth they will kill all my companions. Then they burnt me. I was dressed in an overall. When they realised that I was

ALEXANDRA HEARING&#9;TRC/GAUTENG

 

&#9;6&#9;MALINGA

burning they took something to extinguish the fire. They extinguished the fire. They said they wanted to know what we were doing on the 17th June. They wanted the truth. I still refused to tell them. I was just being kicked, I was not aware of what was happening, I was unconscious at that moment. I found myself at the clinic. That is when I became conscious. I can't remember what happened. 

DR RANDERA: Can I just ask one other question related to that. In your statement you actually say that they wanted to know about somebody called Theresa who had died. In fact you say she had been suspected of being a sell out. Was that what the questioning was all about or was it about your comrades?

MR MALINGA: They were asking about my comrades. Not about Theresa. 

DR RANDERA: Can I take you to Christmas day 1986. Can you please tell us again you were arrested by the police and interrogated. Can you tell us why they wanted to interrogate you and where they took you on that occasion.

MR MALINGA: I was at Kambuli's store at 220. We were surprised the policemen and the soldiers were just arresting people at the street. They just pointed at me and they said I must come with them. I wanted to know what happened, they just said come here. When I got there they wanted to know whether I know Vincent. I said no I don't know Vincent. They said he showed us on the 16th Avenue, he is one of your comrades. I said no I don't know him. They took us to Jukskei by the water and we sat there for round about two hours inside the water and they started beating us. I wanted to know is it legal for them to beat us up when they arrested us. They said I talk too much, I have got a big

ALEXANDRA HEARING&#9;TRC/GAUTENG

 

&#9;7&#9;MALINGA

mouth. They called their sergeant and then he said that they must put me aside. They left the other people, then they put me into the soldiers' van. They took me to their camp at Calvin. There they made us do exercises the whole day. On the second day they said to me I can go home. I wanted to know as to who will help me with my medical bill because my teeth were loose. They said I must go to Mandela. Then I didn't know what to say to them. 

DR RANDERA: You say there were other people who were taken with you to the Jukskei River. Do you remember their names? MR MALINGA: I don't know them because I had just met them there. We were quite many of us, it was not only me. 

DR RANDERA: Jabu, can you tell us about the political organisations to that you belonged to from 1976 onwards. 

MR MALINGA: In 1976 I was a supporter of Azapo. And because of all this assault I decided to stop supporting Azapo. In 1983 when the Youth Congresses started I enquired as to how can I be a member. Comrade Paul Mashadele advised me as to how can I be a member and he introduced me to Tegera. Tegera took me to my parents and they signed some forms. That is when I started being an active member, up until today. 

DR RANDERA: My last question, in the 17 year period that we are talking about were you ever arrested and did you spend a long time in prison? 

MR MALINGA: Yes, I was arrested in 1985. I was detained for three months. I was arrested in October of which date I cannot remember clearly and I was released in December in 1985. That was my longest term in prison. 

QUESTION: I would ask you to tell us in brief you said to us that on the 18th June you were not a student. You said

ALEXANDRA HEARING&#9;TRC/GAUTENG

 

&#9;8&#9;MALINGA

you saw school children as in the manner at which they were shot and you realised everybody had to be involved. Can you explain to us because you were working at that moment how did you become involved with Mashinini.

MR MALINGA: In 1976 I was not working and I was not a student. I started working with my father at an early age. And in those days we had not gone to work, we were just at home, me and my father. That is when I started moving around with my friends and they told me that they were fighting against the whites for their rights because the white man were forcing them to use Afrikaans at school. I was moving with them as friends. 

QUESTION: When you say you were helping them can you explain to us what was your actual role.

MR MALINGA: I didn't have any specific role. I knew nothing about politics. I was just accompanying them as they were singing. 

QUESTION: As you were going with them is there anything that you did or were you just going around with them singing? 

MR MALINGA: The one role that I can say I really played was just singing. I was not politically motivated. 

QUESTION: On your statement there is a name of Theresa. Can you tell us briefly about Theresa, who was she and as to how was she mentioned in your statement.

MR MALINGA: No, I never mentioned Theresa in my statement. I don't know her.

QUESTION: Here they say that in 1978 you were taken to John Vorster Square and the whites tried to burn you because they thought that you were involved in the late Theresa's burning. 

ALEXANDRA HEARING&#9;TRC/GAUTENG

 

&#9;9&#9;MALINGA

MR MALINGA: What I can say about Theresa is in 1978 Theresa was still alive. We only heard about this in 1987/88. That is when she died. I was just being burnt because they wanted me to point out my friends and I must tell them about this Tsetsi that we are talking about on the 15th June here at school. That was the main reason why I was burnt. It had nothing to do with Theresa.

QUESTION: I will repeat again please can you tell us about this Theresa.

MR MALINGA: She was not there at that year. 

QUESTION: This tells me that there is something that you know about Theresa. Can you just tell us what you know about Theresa please.

MR MALINGA: What I can tell you is that I knew Theresa as a comrade. I don't know what happened to her. I just heard that she was killed. I was not there. Because in those years Theresa was still a child. I only knew her in 1984. QUESTION: You say you only started knowing him in 1984. Was she one of the comrades?

MR MALINGA: I started knowing her when we attended a funeral of one boy who was shot. That is when I started knowing her. 

QUESTION: Can you tell us how do you know her, was she involved as a comrade? 

MR MALINGA: I know her as a youth member. We were singing together, she was always there at the meetings and she was mainly active on the girls side. That is how I know her. 

MS SOOKA: Tell us, you have talked about being taken by the police to an open field where you were then burnt. Could you tell us how they did this burning.

MR MALINGA: They drained some petrol from the car and they

ALEXANDRA HEARING&#9;TRC/GAUTENG

 

&#9;10&#9;MALINGA

handcuffed me. Then they poured the petrol over me and then they threatened to burn me should I not be willing to talk the truth. That is when they started beating me up and they burnt me, demanding the truth, and I refused. 

MS SOOKA: Had Theresa been killed by the comrades?

MR MALINGA: I cannot say because I was at home. I just heard of Theresa's death at home. 

MS SOOKA: Is there anything else that you would like to add to what you already said?

MR MALINGA: I wish that all these people who killed us, they must come forward and reveal all these things they did to us because even today we are not satisfied up until they come forward in front of this Commission and reveal all these things that they did to the people. They must all come, even the Cabassas. They must come forward and reveal the truth. Maybe we might forgive them. But if they don't come forward I would never be happy, there will never be peace amongst us. What I can say is we have been long waiting for the Commission. We didn't know where to take our grievances to and we thank the ANC and the Truth Commission for giving us this opportunity to relive our stories and even those people that we harmed, they must please forgive us. We were only victims of apartheid and even those white men that we injured, they must please forgive us. 

MS SOOKA: Thank you for sharing your story with us. It is quite a horrible one and I am sure that the burning of your leg is something which will remain with you for a long, long time. What is very ... (nothing further on tape) ... what you say is that you spent three months on a farm without really being properly charged and it is a matter that we

ALEXANDRA HEARING&#9;TRC/GAUTENG

 

&#9;11&#9;MALINGA

should actually look at very carefully to find out why the normal channels of justice were bypassed. We hear you when you say that you are without a job today. That you even lost your wife. We share your pain in all the things that have been done to you and we will investigate the matter and try and come back to you on what you have told us today. Thank you for coming and in the same way that you have appealed for people to come forward we appeal to those people who may even be sitting amongst us that if you have committed gross human rights violations that you should come forward and make an application for amnesty. We do have our statement takers who are in activity room 1 and if you have information to give or to share or if you want to know more about amnesty they are available to assist you. The cry of victims right around the country is to know who did it and why they did it. That is one of the functions of the Commission, to find out who did it and why they did it. We thank you for coming today to tell us what happened to you.

&#9;----------------------

