CASE NO: CT/04407
VICTIM: DAVID MABEKA
VIOLATION: TORTURED/DETAINED UNDER STATE OF
EMERGENCY
TESTIMONY BY: DAVID MABEKA
CHAIRPERSON
I’d like to call David Mabeka to take the witness stand please. David you’re very welcome - you here. We would like you to take your time when you tell your story. Before you begin I will ask advocate Denzil Potgieter to ask you to take the oath please, if you’ll rise please.
ADV POTGIETER
Would you please take the following oath.
DAVID MABEKA Duly sworn states
ADV POTGIETER
You may sit down.
CHAIRPERSON
David before I ask you to begin I would like to recognise Ms Papenfuss, a speaker from the Provincial Parliament. If you could please rise and Ms Xeospicsengwa a member of Parliament as well. Thank you for coming.
David as is customary we always ask a Commissioner to assist you in the telling of your story. For your story we have asked advocate Potgieter to help you along as you go. I now hand over to advocate Potgieter.
ADV POTGIETER
Thank you Chairperson. David your story goes back to 1986 and it deals with your detention and what followed on that, is that correct?
MR MABEKA
Yes, that’s correct.
ADV POTGIETER
Thank you.
MR MABEKA
Can I go on with my story. I am David Mabeka, I am from Barkley West. The story that I’m going to tell you happened in 1986. It was on the 12th of June, it was on a Thursday, I remember. On the 12th of June the then State President - Mr PW Botha - that was on the 12th of June at 10 o’clock in the evening he declared the State of Emergency. I was at home at that time [intervention]
MS SOOKA
[intervention] so that the witness can tell his story. When there is a noise it disturbs his flow of thought. We would request that you be quiet, thank you.
ADV POTGIETER
[indistinct] is coming through, okay - well it’s in order. You can please proceed.
MR MABEKA
I was at home when the State of Emergency was declared. I decided to sleep because I realised that the State of Emergency was now declared and PW said the police should arrest anybody that they suspect or they should arrest anybody who appears in public as a threat. I decided to stay at home and I just slept.
I realised that if I went out into the township nothing would be perfect and I decided to sleep. Two hours after that - it was 12 o’clock midnight, a knock woke me up and I heard a police voice saying: maak oop - open the door - I woke up I opened the door.
A white policeman entered into the house and he asked me, he said: Are you David Mabeka. I said to him how could you search for a person knowing the name but not knowing the person self. And they searched my - the shack in which I was sleeping. I asked him whether he had a search warrant and he answered back, he said: You, Mandela’s child - Naidoo taught you to be clever - you think you are clever.
While he was saying that my mom went out of the house and he - and she asked them why do you want David. The - the policeman who was talking to me was Double Eyes - his name was Double Eyes and my mom asked him where are you taking David too. And he said no don’t worry he was speaking in Afrikaans.
And they took me into their car - it was a Sierra and I realised that they had two vans and two Sierra cars and a Hippo. The Hippo was parked a street from ours, they drove off with me and they went to arrest another friend of mine - we were doing Std 9 at that time. They also hook him up, they took him into the car and we went to Barkley West Police Station. They took us out of the Sierra and they took us into the van. We were then handed over to the Kimberley Police and the Kimberley Police came with us to Kimberley. We went to the Detective Branch - two white policemen received us and one of them was Rosa - that’s his name.
Rosa looked at me and he said: Who are you? And I said to him I am David Mabeka. And he slapped me on my ear and he said: If I speak Afrikaans with you, you don’t have to speak English with me. He wanted me to speak Afrikaans with him.
I wanted to protect my cheeks with my hands in case he wanted to slap me further. I looked - he looked at James Morake who was my friend and he gave a sign to the other policemen. After doing that the other policemen grabbed James Morake with - by his hand and they went into another room and he followed them. They didn’t take long, they came back to me. Rosa asked me then, he said I should tell him what do we do at Barkley West. I said to him we are pupils - we go to school and he said to me you don’t have to tell me nonsense and then they started assaulting me. And he told me that he heard from Double Eyes that I’m a clever boy in Barkley West and that I’ve been sent to Kimberley so that he can work with me.
They assaulted me with fists, they kicked me and I fell on the ground. They didn’t ask me anything, they didn’t tell me what do they - what did they want. He said to me: Right David, tell me what do you do at Barkley West. I said to him there is nothing more that I will tell you. I am a scholar, they left me - they went to James. I was sitting there on the bench, whilst sitting I heard from the other room James was crying and I realised that they were assaulting him.
This took place for about 15 minutes and they came back to me and they said yes now you’ll have to tell us the truth. Your friend that other side told us the truth and the two of you know exactly what’s happening in Barkley West. And I said to him: What James told you, that’s his own business - that’s what he knows, I do not have any knowledge of what he told you. I told them that I am a scholar at Barkley West - nothing else.
He’s colleague was behind me and I wasn’t aware that he was behind me. I only heard [indistinct] want to tell us the truth and I asked them what do you mean, and they didn’t give us an answer. They took us into the cells they locked us up, we stayed in those cells. After a few days a Major came to us end of Tape 1, side A… at about seven - and we asked the same doctor. We told him that we’ve assaulted, we don’t know why and we would like to know why. And we told him that we are in detention, can he please help us. We told him that we are scholars we have to be at school but we are not. And the doctor did just that, he helped us. He took our statements - we were taken back to the cells at Transvaal Road Police Station.
We stayed there for a month and after a month we were called into their offices and they said to us - they said we should - we should know that we are going to stay 180 days and if they so wish they can add this number. They then transferred us to Bougroep Prison - we met other comrades from Vryburg and some comrades from Kimberley and from Warrington and there was also one comrade from Christiana. Some of the comrades from Barkley West were also there, we stayed in that Bougroep Prison for two months. It was towards September and the police arrived and they took us, it was now close to three months in detention.
They took me together with James Morake to Transvaal Road Police Station. On our arrival they said: David Mabeka and James Morake we are now releasing you, you have to go back home. But anything that will happen in Barkley West you’ll be the first to be arrested. They gave us our belongings like our belts, the watches that they kept with them and they took us home. They took me to my home and they took James Morake to his - to his home. It was on a Thursday, I still remember.
The following day - it was a Friday and on Sunday together with my mom we went to church. We came back from the church - at 1 o’clock we were having lunch and a police van arrived. I peeped through the window and I realised it was a police van and I sat down. And they hooted, my mom said it seems as if the police wants someone from this house. I went out and I went to the van, it was Rosa together with another policeman. And he said to me: David, as you see me here - he said to me: You know that one hand washes the other hand, because we released you before the 180 days, it was a favour we actually did. He said: You know you’ve - you’ve open a case against us, I’m here to ask you can you please drop the charges.
And I gave him an answer, I said to him - I gave Rosa an answer, I said to him: It’s difficult to go and drop the charges because it was just - it was a time to appear in court. And I said to him: I’ve lost three months of my education. I said to him: The second point, you arrested me not knowing why. I said to him: You picked me up from my home, you took me to the cells and when I came back I wasn’t well anymore. I said to him: I cannot drop the charges. I said to him: I would appreciate it if the case continues. Rosa said to me: I’m giving you time - I’m going to give you time so that you can think about it, I will come back later and if you don’t want to give us your co-operation I will come and arrest you and take you back to the cells.
He left me there, it seems as if he was - he was heading to James Morake’s house and I went back into the house. I told my mom what Rosa was saying to me. I said to my mom, I’m deeply disturbed - I said I feel disturbed by what Rosa told me. I said to her I know that most of - many of the comrades have been arrested. Some of them have been killed in the cells and I was scared this would also happen to me. I asked her to give me money so that I can - I can leave Barkley West because I didn’t want anything to happen to me.
On that day my mom didn’t have money, she went to one of her friends to borrow R50-00. I packed my clothes and I didn’t waste any time, I said to her I’m going to - to catch a train to Johannesburg and the train normally left at half past seven. I went to the play fields because one of - one person told me that Brother Speedy was around in Barkley West. He was also arrested during that time - the State of Emergency but he was released. And I went to the play fields to - to look for him.
When I got there I explained to him everything and I told him that I’m now planning to go to Johannesburg. I said it’s better to leave the place. I said to him seeing that you are going to Kimberley can you - can you give me a lift and take me to the station. He said: Yes, that’s fine we would leave at about 5 o’clock. I gave him my address at home and I went back home to wait for him. He arrived at home, I said goodbye to my family and we drove off to Kimberley. He dropped me at the Kimberley station, I waited for the train and I boarded to Johannesburg.
I met a friend of mine, Albert Benn in Johannesburg. This is a friend with whom I was arrested in 1985. After his release he - he went to Johannesburg and I met him there. I told Albert everything that happened here at Barkley West and I said to him I thought it was better to be in Johannesburg. I told him that if - if things were possible we would even skip the country and he said to me: No, I’ve a brother here in Johannesburg. I will - I’ll ask him to give us information as to whether which way to follow so that we can skip the country.
In that week we were busy trying to get information and his brother in law was working in Johannesburg and he said to me there is a temporary job where he working. We can go and do some temporary jobs there. On Monday the following week myself and Albert Benn got temporarily employed. I was - I was - I felt a bit safe now and I started forgetting about the ideas of fleeing the country.
This left ear of mine gave me a lot of problems. I only heard funny sounds and I tried to see the doctors and I went to see a specialist - an ear specialist. They tested me with those machines and they said to me there is nothing wrong with my ear. I told them that there is something wrong with my ear because I cannot hear perfectly well. I only hear funny sounds and that was the end of it all.
ADV POTGIETER
David, thank you for that. How old were you when you were detained and you went through this ordeal that you just spoke about?
MR MABEKA
I was 20 years at that time - I was 20 years.
ADV POTGIETER
Were you given ever a reason why you were detained?
MR MABEKA
Up to this day I don’t know any reason whatsoever.
ADV POTGIETER
Were you - you were schooling I gather, is that correct - at that time when you were detained?
MR MABEKA
Yes, I was doing Std 9 at the time, I was at school.
ADV POTGIETER
Were you - were you a youth leader or were you in the SRC or did you hold any positions like that?
MR MABEKA
During that time it - the prefect system was still in use and we wanted that system to be eradicated because it was - it was there for the teachers against the students. And at that time we were fighting the prefect system - we didn’t want it to exist. We wanted the SRC to be in place. That is the only part that I took as we were going about eradicating the prefect system.
ADV POTGIETER
Was only at your school that you were at, at that time, you were only concerned about your own school of getting a SRC there, you’re not involved in any other schools?
MR MABEKA
Can you please repeat the question?
ADV POTGIETER
It was only your involvement in connection with the SRC that you wanted. That - that was only at the school where you were at that stage. You were not part of a bigger movement, no so?
MR MABEKA
My organisation actually is ANC, I was an activist in the ANC organisation but during that time the branch had not been launched. Even the active members of the ANC - but I must say there wasn’t any formal branch of the ANC at that time.
ADV POTGIETER
When you were detained and you were questioned it seems to have been only in connection with what happened at school because you say that the police accused you of teaching the children wrong things, to stay away from school and that so. It looks as if your detention had to do with some or other activities at school. Is that how you also understood it?
MR MABEKA
Yes, I think my arrest stems from the fact that I was active at school because I’ve been only active at school.
ADV POTGIETER
So one can assume that you were detained because of that attempt to get a SRC at your school. That seems to be the only reason that suggest itself, no so?
MR MABEKA
I think it’s true.
ADV POTGIETER
In fact you said that when the police questioned you they wanted to know what was going on in Barkley West, they wanted information from you. They didn’t accuse you of anything of having committed a crime or anything in particular. Is that correct?
MR MABEKA
At that time in Barkley West - Barkley West was quiet and people were not yet aware of what was happening. And sometimes I would get advice from my friends at Kimberley. They were only giving me advice on political matters and when I was at Barkley I realised that many parents at that time thought that I was - I didn’t want to go to school. And they thought that I would take their children from - out of school. There were lots and lots of allegations from the parents.
I think it’s because they didn’t understand quite well the political situation at that time. And what I was trying to do - it was just to explain and give them advice and this didn’t to happen only at Barkley West. It happened all over the country.
ADV POTGIETER
Now, did I understand the - your evidence correctly. It seems as if you were questioned and assaulted and so on just for the first - well the first few days of detention and after that you were simply locked up for the rest of three months and never questioned again. Was that - was that how it happened?
MR MABEKA
I didn’t quite understand the question.
ADV POTGIETER
Is it correct to say that what actually happened was that you were questioned over the first few days of - after you were detained and assaulted and everything else that you testified about and after that you were just locked away and you sat out the rest of about three months in custody just being locked up?
MR MABEKA
That’s true.
ADV POTGIETER
And there were never any charges made against you, there was never any case made against you, is that correct?
MR MABEKA
Yes, that’s correct - no charges were laid against me.
ADV POTGIETER
And - and as you’ve already said there was no explanation given to you why you were detained?
MR MABEKA
They never explained to me why was I detained.
ADV POTGIETER
When you were transferred to the Transvaal Road Police Station, you were taken to the 6th floor and at that time you already heard about the 6th floor. What was it that you heard - what - about the 6th floor?
MR MABEKA
On the 6th floor - it was the first time that I went to that floor. As we heard that in the past some comrades were being arrested. There were some rumours that I heard of what happened on the 6th floor. They told us that we must know that the 6th floor - when you are at the 6th floor you experience - when they showed us the bath that reminded me of what I heard outside about what’s happening on the 6th floor.
They told us that you are being put into a bag together with a cat and you are being put into that bath full of water. Those were things that I heard are happening on the 6th floor. When they showed me the bath I thought of such things and many comrades were also being tortured on the 6th floor.
ADV POTGIETER
And how did you feel when they took you to the 6th floor, what - what emotions did you have?
MR MABEKA
When they took us to the 6th floor together with James Morake - we were staring at each other. We were just thinking of what would happen but I must say we didn’t know what was going to happen with us. We were just puzzled, we didn’t know what to expect.
I can’t say I was scared but time and again I was thinking not knowing what was going to happen. I must say I wasn’t afraid, I was just asking myself questions, this was ringing in my mind - what’s going to happen - what’s going to happen.
ADV POTGIETER
[indistinct] when you were taken to the 6th floor in Transvaal Road Police Station, were you injured?
MR MABEKA
As I already mentioned when we arrived on the 6th floor they took us finger prints and they took photo’s of ourselves and they didn’t assault us there.
ADV POTGIETER
[indistinct] injuries as a result of the previous assault when you got to the Transvaal Road Police Station?
MR MABEKA
At that time I was already in pain because when you spoke to me from a distance I wouldn’t hear a word of what you were saying. As I’m talking to you now, my left ear doesn’t function. I only use one ear.
ADV POTGIETER
[indistinct] you - you got the injuries, did you see a doctor eventually?
MR MABEKA
I think three years passed before I could see a doctor. I say three years.
ADV POTGIETER
I assume that you stopped your schooling after the detention?
MR MABEKA
Yes, that’s so. What actually happened - in 1992 I decided to go back home because of the back to school campaign. And as they’ve been saying that you don’t get old for education. And I remembered that my mother told me that she wants to give me education because that is the only thing that she can give me. I wanted to make my mother happy, I wanted to reach that standard that she wanted me to reach. Then in 1992 I decided to go back home and 1993 I went back to school to do my Std 9. It was not easy, I passed my Std 9 and in 1994 I did my matric - it was not easy as well.
I would forget things most of the time. I just told myself that I have to complete my matric and thereafter I would decide where to go to further my studies or to lead a wonderful life. I completed my matric in 1994 as I’m talking to you now.
ADV POTGIETER
Did you hear anything further about the charges that you made against the police that assaulted you?
MR MABEKA
I’ve never heard anything.
ADV POTGIETER
You said that you saw a doctor and you made your - the complaint to that doctor. You told that doctor that you were assaulted. You say that you were taken to a house. Can you still remember the doctors surname perhaps or anything about him?
MR MABEKA
No, I don’t remember anything. The only thing that I know is that we were taken to a white house very close to the Transvaal Road Police Station. It’s a house with rooms nobody stays there. That’s the place where we met the doctor.
ADV POTGIETER
The policeman you referred to as Double Ice or Double Eyes, do you know what his real name is or his surname?
MR MABEKA
I know him perfectly well, he stays at Barkley West. He’s now a detective at Barkley West. Double Eyes was just his nickname, we knew him as Double Eyes.
ADV POTGIETER
Could - what is there that you feel that the Commission can do for you to be of some assistance?
MR MABEKA
The life that I’m leading now, is a bit difficult - I cannot cope because of this Double Eyes and Rosa and their friend. I don’t know why should I live with this pains knowing that I was defenceless.
The first thing that I request from the Commission is to meet Double Eyes, I want to meet him. I want to meet Rosa and their third friend. I need them to explain to me as they’ve put me in this pain, what should I do so that I can survive, so that I can make life easy for myself. I want them to come and tell me - they caused me a lot of pain.
ADV POTGIETER
[indistinct] hand back to the Chairperson.
MS SOOKA
David I just want to ask you three questions so that I just can have some clarity. At the time when the police beat you, did they beat you on your head or did they beat you directly on your ear. Can you still remember that?
MR MABEKA
I think it - it was their tendency, it was something they used to do. You’d find that most of the comrades get their injuries on their heads, on their ears and on their faces. Now as they were assaulting me they were aiming - they were targeting my head. It was their intention to destroy my ears.
MS SOOKA
You’ve mentioned that you asked to see a doctor and you were taken to the doctor. When the doctor made his report because you tell us that Rosa threatened you because you had brought a case against him. Was the doctor’s report about the damage to your ears?
MR MABEKA
The doctor took the case and I never came to know what happened. I only realised that there was a case laid against them when Rosa came to me to tell me that I should drop the charges.
MS SOOKA
You mentioned that your friend James Morake was picked up with you. Was he with you when you were being beaten up?
MR MABEKA
At the beginning I said they took him to the other room where they assaulted him and they assaulted me in the next room. The only time when we were assaulted together was when they came back from the township - when they told us that our comrades threw stones at them.
MS SOOKA
One more question - you mentioned that when you went to Johannesburg a specialist treated you for your ears. Could you tell me what he said was wrong with your ear?
MR MABEKA
The specialist said there is nothing wrong with my ear and I asked him how was that possible because I couldn’t hear anything. And he said to me your ear is clean - I don’t see anything wrong with your ear.
MS SOOKA
You still could not hear properly in the one ear?
MR MABEKA
As I’m sitting here I only use my right ear.
MS SOOKA
Thank you, I’m going to ask the other Commissioners if they want to
ask you any questions.
ADV NTSEBEZA
David I just want to know again - in 1986 were there any legal advise centres in Kimberley and Beaufort and in Barkley West - do you know?
MR MABEKA
I didn’t understand the question quite well.
ADV NTSEBEZA
Were there any advise centres in other words places where you could go and seek advise about your rights - like for instance where you could have gone and said whilst I was in detention I was assaulted by the police. I was detained for no reason and I would like to sue the police, can you assist me because I have no money. Did you - were there any centres like that in Barkley West or in Kimberley for that matter or were you aware that you could go to such places?
MR MABEKA
Such places were available but I didn’t have any information. That is why most of the time I would come down to Kimberley to meet other comrades if there was a campaign that we have to do. During those time things were not happening as easy as they happen now. And there were no comrades that a person would reach out very easily so that they would help us with the relevant information.
ADV NTSEBEZA
[indistinct] the lawyers - black or white in the area to assist you with a claim against the police or was it also not easy in those days to approach any lawyers to assist you with those sort of things?
MR MABEKA
It was difficult because I didn’t have money and I didn’t have any information of where can I get help.
ADV NTSEBEZA
Lastly can I conclude then from your answers that you never referred any civil claims to sue and claim money for damages for your ears and for the assault and for the wrongful detention that you underwent in those days?
MR MABEKA
Since I have pains that destroyed my life, I’m just going to ask the Commission - I want to see myself completing my studies, working for my mother. And I would like to get help as to whether can this problem of my ear be solved.
ADV NTSEBEZA
Commissioner Sooka has indicated previously and I’m sure she’ll indicate to you again. The Commission will do whatever is possible to assist you but I just wondered as a matter of fact to establish whether you have not in the past instituted civil action to claim money from the police who assaulted you. Or from the Minister who was in charge of the police at that time in 1986?
MR MABEKA
No, I didn’t do that. When I was released I didn’t go to any lawyer.
MS SOOKA
David we want to thank you for coming forward and giving your evidence. We are very-very conscious of the fact that our young people have paid a terrible price for freedom in this country. The previous witness lost an eye, you have lost the hearing - your hearing in your one ear but to despite all of that you have managed to complete matric and indeed you can be said to be a survivor of the struggle that our country has gone through.
We hope that we can assist - we have heard your request that you meet with these policemen so that at least you can find out why they did what they did. We are also conscious of the fact that many of them remain in positions of power and that is part of the price that our country has to pay. We hope that we can help you and we thank you for having come forward today. Thank you for your evidence.
Could we please rise while the witnesses leave. We will now break for tea.
