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Human Rights Violation Hearings

Type HUMAN RIGHTS VIOLATIONS, SUBMISSIONS QUESTIONS AND ANSWERS

Starting Date 23 September 1996

Location DUNCAN VILLAGE

Day 1

Names BUYISILE RYAN MAPISA

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REVD FINCA: I would like to call Buyisile Mapisa to come forward.

We welcome you Mr Buyisile Mapisa.

BR MAPISA: Thank you Reverend.

REVD FINCA: We would like to thank you for coming forward with your story. Revd Xundu will take your oath and we will give this opportunity to Mr Sandi who will ask you questions. Over to you Revd Xundu.

BUYISILE RYAN MAPISA: (sworn states)

REVD XUNDU: Thank you sir.

MR SANDI: Mr Mapisa, I would like to greet you my friend this afternoon and I would thank to take this opportunity that on this day of the hearings here in Duncan Village, which the Truth Commission is trying to investigate and to get out the truth of what was happening here, I am so glad that you are one of the people who are here to testify.

In short, Mr Mapisa, if one reads your statement, your story begins from 1975 until 1988 where you were arrested now and again and you got injured there. You were tortured during this time.

And one of the injuries is a nervous breakdown, back pain, loss of memory and other things. You will say to us firstly - will you please tell us in short what is your current occupation?

BR MAPISA: I am the Executive Director of the Culture

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Project. I am organising cultural events here in East London.

MR SANDI: Let us now go back to 1975 when all this started. In 1975, you said you were doing standard 9 and you were a member of organisations. Can you please tell us from that time, from 1975.

BR MAPISA: In 1975, I joined BPC and SASO also in 1975. In 1983, I was a member of UDF.

MR SANDI: Even if, it doesn't matter if you didn't mentioned all the organisations, you said in 1977 you were arrested and detained for three months at Westbank. Can you please tell us in details what happened in prison? Who did what to you?

BR MAPISA: At the time I was arrested, I was taken to Cambridge, I was arrested by a security. The South African Police, the security police of South Africa. In Cambridge I was tortured there.

I was arrested together with my comrades. We were alleged that we are people who are members of the banned organisations, and they mentioned the BPC and they mentioned the ANC, the SACP at that time.

They said that we are trying to continue with the movements of the banned organisations.

They said that we are terrorists.

MR SANDI: Without cutting you Mr Mapisa, can you please give us details, full details when you were tortured there in prison in 1977?

BR MAPISA: In prison I was tortured and I was beaten seriously. The person who was a Captain at that time, I mistakenly said it was Van Wyk, but it was Captain Schooling.

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While he was beating me together with other Special Branch, Mr Mbuwana and Mr Matoti and Mpumelelo Mandliwa and Mfazwe, the Special Branch which was Mfazwe and the one named Madikizela. All this people, they were beating me, because they wanted me to write down statements.

They suffocated me, they suffocated me and they put a punching bag on my head so that I couldn't breath.

On that time, they were busy beating me, kicking me and they even subjected me to electric shocks in my hands and in my feet.

In all this I didn't do what they wanted me to do and they continued torturing me. There was a time when Schooling arrived. Because he discovered that I didn't write what he wanted me to write, he pulled me with my bed and he continued beating me up but still I didn't do what they wanted me to do.

They subjected me to a thing called "horse riding" and now it is called "boeing", it is known as "boeing". They would handcuff me and tie my hands to my feet and hang me with a pole.

As I am handcuffed, they would hang me with a pole that would allow me to swing beneath it.

I will just keep on swinging beneath it and they were beating me all the time.

I was just swinging up and down. They were kicking me and they were beating me at that time. It is one of the things I didn't mention when I was submitting my statement, that after all that they did to me, I was in Frere Hospital, it was the second day.

I had a blackout, I didn't know who took me to the hospital and when did I go there.

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The Doctor who treated me said to me he will look at this matter, he will try to investigate. Because I didn't know what happened to me.

After a long time I went back there to the policemen. When I returned to them, the took me to Westbank and they put me to a single cell, I was alone in that cell for all this time.

After a long time because we didn't write what they wanted me to write, they ended up charging us with a charge that we are terrorists and we are continuing with the activities of the banned organisations.

But there was a help, we got help from a lawyer, Mr Mxenge, he was still alive at that time. He was our attorney.

MR SANDI: You are speaking of Mr Griffiths Mxenge?

BR MAPISA: Yes.

MR SANDI: Did you go to court and were you charged?

BR MAPISA: Yes, we did go to that court and we were found innocent and then we went home because we wee not charged.

MR SANDI: In your statement Mr Mapisa, you said that after that there was another incident where you were in prison?

BR MAPISA: Yes, there is.

MR SANDI: Can you please tell us what happened when you were arrested in 1979?

BR MAPISA: In 1979 when I was arrested, I was arrested together with Mandla and our late comrade Mzwanele Fazzie. We were arrested because they wanted us to say that we are involved with the underground movements of the ANC at that present moment.

We were arrested because there were pamphlets we were

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distributing, but they wanted us to say that we are members of the ANC and even those pamphlets we were distributing we did that because we were members of the ANC.

MR SANDI: Can you please tell us about the pamphlets you were distributing?

BR MAPISA: It was pamphlets we just received from our comrades and then we were just distributing them.

MR SANDI: At this time, Mr Mapisa, you were arrested in 1979 up until 1980. You said you were working at Wilson Rowntree. What happened concerning your job in Wilson Rowntree?

BR MAPISA: Because I was detained for a long time in a single cell, because at that time what kept us for a long time there, is that we were also beaten and tortured at that time. Mzwanele and I, they wanted us to be the State witnesses against Mandla Gxanyana, but we didn't agree to do that.

And that led for us to stay for 10 months in Westbank cells. After that 10 months, when I returned to Wilson's they said that I don't have a job any more, because the Security Police went there and said that someone like me is not fit and is not right for that job.

Because I am continuing with politics inside there to people who are working there. So they said that I should be fired. And someone came to me, I used to know him, he was staying in Mdantsane, he came to me to apologise and I didn't write what I'm saying in my statement. This person came to me to apologise because he agreed to go with the police to my job and he explained his problem to me.

Because he said he was staying with his mother and he couldn't do otherwise, he just had to tell the police.

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Because he wanted the job.

MR SANDI: At this time at Wilson Rowntree when they were telling you that you are no longer having a job, did they give you any written statement, stating the reasons why they were firing you?

BR MAPISA: No. They just said that I don't have a job any more, they didn't write anything. I knew person from the Personnel Office and they are the one's who explained the reasons to me.

MR SANDI: In 1981, up until 1984, you were detained again. The policemen were after you. Can you please tell us that each and every time you were arrested, what was happening to you?

BR MAPISA: In 1981, up until 1984, at that time the police were harassing us because they said to me they used to take me every time, they used to come to my house monthly to come and pick me up, or if they didn't pick me up, they just went to my home and detain me for a day or two days in Westbank.

What they wanted from me, they were recruiting me because they wanted me to be their informer. They told me that they know that my friends, all of my friends, they were showing me my friends' photos, that all of them are in exile at the present, at that time.

They were asking me why I was not in exile. They said that it was clear that I was a member of the ANC, I was doing underground movements.

They were trying to recruit me to be their informer. And they said I must go to the meetings and listen and then go back to them to give them a full report of what was said in the meetings.

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They said that they will buy a house for me and give me money, but I didn't do what they wanted me to do. And then they said that they would harass me and I will choose to leave the country because of their harassment.

They harassed me and firstly I was like a person who was burnt. Because as I was sitting at home, Madikizela used to come at my home together with the one policeman who was called Mbombo and he was (indistinct)

They used to come to my house every time. I looked like a person who - a burnt person, they checked me every time, even in Town. They were always following me.

They were harassing me and they will do things to me even around in Town and I was just leading that kind of life.

On that occasion, there was an occasion, our Cultural Organisation was started at that time. The African Culture Organisation. We used to gather at the back of my house, at the back side of my house in the shack. In that shack we were trying to do cultural events and we were trying to help people.

We even had weekend classes where we were helping students in Maths and other subjects. In this shack we even had our books for this Organisation, because we got he sponsor from someone who was interested in helping us in this cultural organisation.

And he used to buy us books.

MR SANDI: Can you please tell us where you said Mandliwa beat a daughter at home, thank you?

BR MAPISA: In the shack we had this books. I was not at home at that moment and on my way back from Town I found my mother disturbed and she told me that the Security Police

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Mandliwa and others had come to my home and they went to the shack, kicked the door open, broke the door, ripped it off and took away all the books that was stored in there.

And they took red ink and spilled it all over the wall and they wrote 'Viva UDF" on the walls, they even wrote "Ryan Mapisa, you're going to die" and as they were going out, they went into our house and one mentally retarded girl touched one of them, and they - Mandliwa kicked that child and clapped him and my mother screamed and so they left.

MR SANDI: You say, amongst the things they graffited they had wrote on the wall, were the words "Ryan Mapisa, you're going to die". What impact did this have on you?

BR MAPISA: Since there were people who were continuing to harass me, I felt that this was only a threat, because they had indicated to me that I was not going to be happy until I decide to go into exile.

So what I did was to get hold of a camera and I wanted to take photos of all what they had done, and I took those photos to this attorney, Lalla, because he was the only lawyer here in Duncan Village at the time.

And I asked that he should open a case. He tried and gave promises that he was going to open a case on the matter, and this made things more difficult for me.

MR SANDI: Did you open a case with Lalla about your assault or about what they had done at your home?

BR MAPISA: No, about what they had done at my home and the damage they had caused to the shack and also the threat they had written on the wall and even the assault on this young, retarded child, because people had seen Mandliwa and his companions.

MR SANDI: I would like to ask you, Mr Mapisa, a question

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that these various times you have referred to when they used to put you into jail, did they ever mention under what Act were they arresting you. As you know that there were Section 6, Section 29 and the police were supposed to tell you why they were arresting you. Did they ever tell you?

BR MAPISA: Yes, they used to tell me whenever they came to my home, because I would ask them what was the warrant. Was there any warrant of arrest and they would produce it. And it would have the Magistrate's stamp and they would tell me that they were detaining me under Section 6, under Section 29 and other Acts.

MR SANDI: Now, the day the soldiers came to your place in 1985, what happened when these members of the South African Defence Force arrived?

BR MAPISA: They said they were looking for me but I thought I was going to demand for the warrant of arrest, but they told me that they did not have any because they were soldiers.

So they pulled me and as we were going out of the house, one who was following me hit me with the rifle on my ear and because this was unexpected, I nearly fell. I was really shocked.

In other words I would say I did fall, but I tried not to fall completely.

MR SANDI: But at the time you were attacked by this soldier, did you have any injury on your ear?

BR MAPISA: Yes, I did because after they had taken me away to Cambridge, they later took me to the East London prison in Westbank and I noticed that my ear could not hear properly - for quite some time it was like that.

So that even now at night some puss comes out of my

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ear.

MR SANDI: Now you mean you still have a problem with your ear?

BR MAPISA: Yes, it oozes at night.

MR SANDI: By the way, according to your statement you have mentioned that they laid a charge against you, a charge with murder saying that you had killed someone or some people. What were the details of this charge?

BR MAPISA: This was a surprising charge, because it became very difficult even for the Magistrate to explain the origin of this charge.

Because even at the time we were in court, on the first day (tape ends) ... to this charge, such that the Magistrate too was also confused why we were there and it was later that they said that they were charging us with murder.

Murder of whom, they could not tell. Where this murder was committed, they could not tell.

MR SANDI: At the time they were investigating, who were the people who had laid this charge with murder?

BR MAPISA: I can remember Dalxola Jaqa as a co-accused and some other young boys who were members of the Culture Committee. I can't remember their names now.

MR SANDI: At Fort Glamorgan, did you perhaps meet a certain man who was earlier mentioned, whose name was Nkunzemnyama?

BR MAPISA: Yes, I did meet that man Nkunzemnyama. When they came to Westbank, they asked as to stand in a line, called us one by one and when it was my turn, they asked me to stand aside and asked me to get into a separate room and all this policemen assaulted me at the same time - for no reason, they wouldn't state why they were assaulting me.

All that was said by this young man here was common

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practice there and this is what was happening and it happened even to me.

I was always the first person to be assaulted. And he would always slap me with both hands and early in the morning, at four o'clock, he would wake us up and chase us and ask us to stand naked and run into the water and he would ask us to stand in a line and then they would again assault us on both hands until our hands were swollen.

MR SANDI: This Nkunzemnyama, did you actually get his real, true name?

BR MAPISA: No, I couldn't. I've been trying to get hold of his true name, but I failed to.

MR SANDI: Have you ever heard why he was known as "Nkunzemnyama"? Did he name himself or was - is this a name that was given to him.

BR MAPISA: That is how he praised himself whenever he would do all the evil things to us and he was very dark, very pitch black in complexion.

MR SANDI: At the time you were in Fort Glamorgan, did you ever appear in court?

BR MAPISA: Yes, we used to go to court only to find that the case was still under investigation, and we would be refused bail.

MR SANDI: Up to today Mr Mapisa, did you ever get to know who were the people you were accused of having killed?

BR MAPISA: No. What helped us to get a release, because I think this was just a way of keeping us in cells - our lawyer Jeram, who used to go with Lalla was very useless.

Then one other day we met Mr Siwisa, Hintsa Siwisa a layer, whom we decided should take the case, that is how we got some help.

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And that is the time when this case was withdrawn.

MR SANDI: Now let's go on to this day you've mentioned in your statement in 1986 to 1988. You say you were again detained under the state of emergency? What actually happened during this period of your detention?

BR MAPISA: In 1986 to 1988 I was detained under the state of emergency. During this period I can say I can mention that there was paid and hurt that I suffered.

I fell sick and I was denied medical attention. The only Doctor who was available at the time would just simply ask you whether you were a soccer player and if you would say you were not a soccer player, he would just say go and play soccer.

Then if you said you were a soccer player, he would say now relax for a week, so there was no medical treatment.

Such that today I am very nervous. I remember one other day when I was extremely nervous and we were in a cell, we were quite a big number locked in a cell - we could not even see each other. The cells were just full and packed.

And I could not get medical treatment at the time. This Doctor gave me some pills that I can never forget, because as soon as I took them, I slept till morning and when I wanted to wake up, my whole body became very numb.

I couldn't even shake my limbs and I had to lie down there.

So that was the only treatment I got from this Doctor. Except that he would tell - recommend that I should play soccer.

MR SANDI: Do you perhaps remember the name of this Doctor?

BR MAPISA: No, I don't remember his name - I have

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forgotten his name.

MR SANDI: In your statement you say Mr Mapisa, there was a time during your detention under the state of emergency, when you took fits?

BR MAPISA: Yes, I did go through that, I took fits whilst in the cell.

MR SANDI: Was it your first time to take fits?

BR MAPISA: It was not the first time, but it started after all these incidents of torture, but no one cared about this state. Because even when they assaulted me in Westbank and at Cambridge police station, I would again take a fit.

But that did not bother them.

MR SANDI: By the way you say today if - can you read and concentrate?

BR MAPISA: No, I struggle to do that especially now. Such that at this very moment, I feel slightly better because all along I've been having some problems to read.

I would have to re-read before something gets into my mind.

MR SANDI: According to what I see, that your evidence or your story about this extreme torture is quite lengthy, I would ask you to explain how your health was affected by all this long time torture and detention. Could you mention how you were affected?

BR MAPISA: I would say after these incidents from 1988 when the Ciskei Police detained me, which was the most evil time I've ever gone through.

MR SANDI: Now, are you referring to the time when you were at home and then some people with balaclavas came to your home?

BR MAPISA: Yes, that's the time.

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MR SANDI: Now, could you explain what actually happened on that day when these people snatched you from your home?

BR MAPISA: There was a knock at the door and that was the year I had just been released from detention.

It was in December of the year and as I was sleeping, it was at five o'clock in the morning, there was a knock at the door and there was noise of some people talking.

And I saw a group of about five people standing at the door and some others standing nearby.

I asked why they were making such noises and what they wanted and they responded that they wanted me. I asked who they were.

Some of them were dressed in coats, I could not identify them so I asked them "who are you" and one of them said "you talk too much" and he punched me.

And I was standing next to the door, I held him and pulled him into the room and we fought.

Luckily because this room was very small, I managed to press him down and beat him up, then the others joined and they beat me with the bat of the firearm on the spinal cord and where there are kidneys.

He hit me several times and I felt pain so I turned to face that other one. And one other one tried to strangle me to an extent that I had a swelling here on the throat.

I couldn't speak as a result of this attack and we moved on.

MR SANDI: Were there other people of your family who were there?

BR MAPISA: Yes, my mother was there. My sister was there too.

MR SANDI: By the way, who were these people who did all this DUNCAN VILLAGE HEARING TRC/EASTERN CAPE

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to you?

BR MAPISA: It became evident later on that these people were the police. They took me to NU 1 police Station in Mdantsane, that is when I could identify them as police.

MR SANDI: Where were their cars parked at the time?

BR MAPISA: They were hidden from our house, they had parked the cars in one corner away from my home. They took me and I walked bare footed to the place where they had parked their cars.

MR SANDI: You said these people who were in balaclavas, were policemen and they took you to NU 1 police station in Mdantsane?

BR MAPISA: Yes.

MR SANDI: What actually happened there, what questions did they pose to you there?

BR MAPISA: When we got there, they took me to a certain Mr Funani and he was delighted to see me, because they had been looking for me.

And he asked me why I was burning the houses of the police in Mdantsane. Then I said how do I know where these policemen live there, because I don't stay there.

Because I don't even visit Mdantsane, I don't even know any policeman from Mdantsane. And then he said that I should tell the truth why I was burning these houses.

So they took me into one room and that is where they assaulted me.

MR SANDI: How long were you there?

BR MAPISA: After they had assaulted me for the whole day, and also suffocated me, they left me there.

And they put me into a cell where there were other convicts and they went away.

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Late in the day they took me to Mdantsane police station and I was there for a day and once more, I spent some time there and I was again taken back to NU 1 police station.

MR SANDI: By the way, what were the injuries you sustained through all this torture and assault and all these incidents? Can you directly state how you were injured?

BR MAPISA: As a result of all these incidents of assault and torture, I at one stage I could not walk properly, I had to crawl for some time.

And I had to go and see a specialist at the Medical Centre and I was X-rayed and told that I had fractured my spinal cord.

Even now, I have got backache and I am very forgetful. It is not easy for me to remember things that happened in the past, nor to remember people's names.

Even those people I grew up with, I cannot remember at times. I cannot concentrate, I loose concentration, such that I cannot read newspapers and books.

MR SANDI: Are you perhaps getting any medical examination, medical attention from hospital or a Doctor?

BR MAPISA: Yes, I go to the day clinic and I get some tablets there, but it doesn't help because I think I am so sick that I've got to go to the specialist.

But some other times I cannot afford to pay for the medical expense.

MR SANDI: We now would like to conclude and would like you to state your wish to this Commission.

BR MAPISA: My wish is mainly that I am not in a permanent job. From 1979 I have not been working. I last worked for the Wilson Rowntree factory and I cannot afford

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to pay for the medical expenses, whereas I need medical attention from specialists.

So, if this Commission could assist me to pay for this medical expenses, I would be delighted.

MR SANDI: Is this all you have to say to this Commission before I could hand you over to the Chairperson?

BR MAPISA: Yes, that is the only help I need. I could also say if I were to get some financial assistance because I am the only man in my family, I would be very glad to have it.

MR SANDI: We thank you Mr Mapisa. We thank you Chairperson.

REVD FINCA: We thank you Mr Mapisa for your report as presented before this Commission.

All I want to point out is that it is common in our hearings that there is an indication that there was collaboration between the big people of the Government and the police security of the previous regime, because we notice that in your testimony this collaboration of the police and the big people, shows that Wilson Rowntree got an order from the police that they have to dismiss you from work.

I am just noting all this for the Commission to pursue, we therefor thank you for your testimony and all the things you have mentioned, we are going to look into.

It is four o'clock now, we are now going to adjourn to resume tomorrow morning at nine o'clock. Thank you.

 
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