&#9;TRUTH AND RECONCILIATION COMMISSION

&#9;UWC HEARING - DAY 1 - MONDAY 5 AUGUST 1996



CASE NO:&#9;&#9;&#9;&#9;CT/00133

VICTIM:&#9;&#9;&#9;&#9;ROBERT NANA MALITI

NATURE OF VIOLENCE:&#9;&#9;TORTURE BY SECURITY POLICE

TESTIMONY FROM:&#9;&#9;ROBERT NANA MALITI



CHAIRPERSON: ... tell us about your own experience which is also a great deal of torture.About your own involvement, about your own imprisonment.Before you do so, I have to ask you to please stand to take the oath.So would you please stand.

ROBERT NANA MALITI&#9;&#9;Duly sworn states

CHAIRPERSON: Mr Maliti you have had a very long wait ever since about half past eight this morning.We thank you for your patience, for your willingness to come before the Committee and I am going to ask Mr Potgieter if he will lead you as you tell us and share your story with us.Thank you.

MS POTGIETER: Thank you Chairperson.Mr Maliti good afternoon. --- I also greet you sir.

&#9;Thank you, I hope you comfortable. Your [indistinct]--- Yes I am quite comfortable.

&#9;Thank you, your story takes us back to 1988 and it concerns your detention, and your subsequent torture is that correct? --- Yes it's like that.In 1988 I was a member of the Umkhonto we Sizwe.And I was arrested next to Old Crossroad police station.Arrested by Benzien and Trollip who were the policemen, they forced me to drink liquor by force.They beat me severely, they

asked me where I was staying and I told them because I feared for my life. I told them that I lived in number 1398 in New Crossroads.They took me to my house, they kicked the front door open.And they searched the house and couldn't find anything, going around to the back yard there was a room there where I - which I occupied, they got there - they again kicked the door open.They ransacked the shack and they found - when they came back to me they were still beating me up.They continued to beat me up and they left me, they left with me to Town.All the time they kept on beating me, kicking me, tramping on me until we got to Town.Still I was bitten, right through and all the way they were kicking me, hitting me with their gun until I lost consciousness.That was in Cape Town, when I regained consciousness, I think it was the following day, I saw mymother next to me, there were also some other police who were on guard and I was in Groote Schuur Hospital.Some of the police tortured me and asked me what - what I was taking this thing they had found with me too.They had found with me a limpet mine which was - and this limpet mine was in a bag that I had carried with me.They asked me then where I was taking that limpet mine to.&#9;I am going to interrupt at this state Mr Maliti, I know it's very difficult for you to talk, you talk with great difficulty, it's part of the consequences of what you've suffered.But they found this limpet mine on you as you explained and is it correct that when they searched your house, they also found a magazine, a banned magazine Umsebenzi at your place. ---- Yes it's true.They first got limpet mine which led them to arrest me and later on they found a banned newspaper the Umsebenzi at home.

&#9;And the two policeman involved are members of the security police, Trollip and Benzien is that correct? --- Trollip and Benzien were South African Police. They were members of the South African Police.

&#9;And which police were responsible for the assaults, you say that you been beaten continually, which police were responsible for that? --- There are two of them and Trollip and Benzien were also assisted then there were some were sitting - which I could not identify, they were in that room,there were four in all.

&#9;Now you said to us that at one stage you lost consciousness.I accept that, that is as a result of the assaults. --- Yes, that's true.

&#9;And then you woke up in Groote Schuur Hospital, your mother was there and you were under police guard is that correct? --- Yes that's true.

&#9;How long did you spend in Groote Schuur Hospital? --- I was in Groote Schuur for about three weeks.

&#9;And were you subsequently charged? --- When I went to Court in 1989 a charge that were laid against me, was the possession of - to be in possession of a limpet mine and of a banned newspaper.And then I was sentenced to seven years.

&#9;Now you then spent some time in prison? --- I was in prison for about two years.

&#9;On Robben Island is that correct? --- Well I spend one year, six months in Pollsmoor and then in Robben Island I was there for one year.

&#9;And is it correct that you were eventually released from Robben Island with other political prisoners in 1991? --- Yes,

that's true. 

&#9;Now you were arrested during 1988, how old were you then? --- If I am - I was 21 years of age if I can recall.

&#9;And what was your health like then in 1988 before you were arrested? --- I was well, and I was enjoying very good health before 1988.

&#9;And is it correct that at the time that you were arrested you were actually working as well? --- Yes, I was working as a conductor in a taxi.

&#9;In fact if I understood you correctly that was a bit of a front for your other activities really in a way. --- I don't get your question.

&#9;You were employed as a conductor on the taxi's but you were also a member of MK is that not so? --- Yes that's true, the time - the time I was a taxi conductor it was just a front, because I did not want to be known that I was a member of the MK, Umkhonto We Sizwe.

&#9;Now subsequent to all this and subsequent to your release from Robben island, are you now able to work? --- No I can't work now, now I get disability grant, only getting - I only live on disability grant.

&#9;Why are you unable to work now, what caused the condition of being unable to work? --- My right hand side is paralyzed.

&#9;And - and why is that? --- As a result of the brain damage which caused this paralysis of this right hand side of my body.

&#9;And is it correct that you sustained that brain damage, you sustained that injury in those assaults that you spoke about? --- Yes that is true.

&#9;Mr Maliti are you married? --- I am still a bachelor. 

&#9;Have you got any dependents, any children - take your time.Are you all right, okay. --- Yes I am all right.

&#9;Have you got any children? --- I only have sisters.

&#9;And do you maintain them, do you support them, the sisters? --- Yes - yes I am suppose to maintain them.

&#9;And from the disability grant that you getting at this stage. --- Yes I try - I try and my mother helps on the other hand, because there is some job that she is doing.

&#9;Now just in conclusion Mr Maliti, what request have you got, what do you want to ask us to see what we can do in connection with your matter? --- My request is that the Commission should -should help me financially and even with other things that the Commission can do for me.

&#9;What do you feel about the policeman involved in this incident that you spoke about? --- In fact I have forgiven them because I just take it as something that was created.

&#9;Are there any request that you have in connection with those policeman? --- My request is that Trollop, Benzien, I would like to see those if you were to bring them to me, so that I can see them.

&#9;How would you feel if for example they were still in the South African Police Services, say for argument sake in the superior positions than what they had in those years, how would you feel about that? --- There is nothing - I would be happy if they would come back to me and we shake hands.

&#9;We have noted that, is there anything else that you wish to add to your evidence Mr Maliti? --- I have got nothing more to

say, I have got nothing more to say. 

&#9;I thank you for your testimony.

MR BORAINE: Thank you very much, are there any further questions, Mr Maliti, you find it difficult to speak and I do not want to keep you much longer.I want to take you back though just for a moment.You were in Groote Schuur Hospital for about three weeks. And then- and then you were ... [intervention]

--- Yes that's true.

&#9;And then you were charged in a Court of Law and you went to prison. --- That's true.

&#9;Did you ever tell anybody, either the doctors or the nurses or a Magistrate, or a Lawyer, anybody about what happened to you when you were beaten up. --- I told a lawyer by the name of Essa Moosa.

&#9;And was there any Court case or any charge laid against any of the policeman who beat you up? --- There was.

&#9;And what happened, take your time Mr Maliti, there is no hurry, just - just let it come when it can. Mr Maliti would you prefer not to answer that question, it's perfectly all right if you'd rather not.--- There is some money that they gave to - for me and giving it to Moosa.

&#9;I am very pleased to hear that and that money was paid to you, was it? --- Yes.

&#9;Thank you, one last question.Are you having any medical treatment now, either from a clinic or a hospital or a doctor at all, or a chemist, anything at all to assist you? --- No there is none, the doctor in Groote Schuur said I would take a very long time to recover, that - so my taking some treatment would

be the same because it would take a very long time for me to recover. 

&#9;Thank you Mr Maliti, Mr Maliti words fail me to try and express how we feel about what you have experienced.Let me be very frank.It is one thing to break the law for whatever reasons, it's another thing to be brutally beaten until you are suffering from brain disturbance which caused paralysis, slowness of speech and great suffering.There is no excuse for that whatsoever, and I am grateful that you have told us what you have done.We have heard what you have said and we have listened to your request and we will certainly bear then in mind as we report on your story today.All I can say is thank you very-very much indeed for coming today and I hope that the long recovery will have been helped a little bit by your coming here today.And that, that recovery will accelerate until something of the old you, will return again, thank you. --- Thank you.



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