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Human Rights Violation Hearings

Type HUMAN RIGHTS VIOLATIONS, SUBMISSIONS QUESTIONS AND ANSWERS

Starting Date 02 September 1996

Location NELSPRUIT

Names GLADYS THANDI MATHEBULA

Case Number 1212

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CHAIRPERSON: Mrs Mathebula, are you able to hear me?

GLADYS THANDI MATHEBULO: (sworn states)

CHAIRPERSON: Could you tell us who the person who is accompanying you so that we may welcome her?

MRS HATHEBULA: This is my sister.

MR LEWIN: Thank you Mrs Matebula. You are going to tell us the story of what happened following another funeral. We've heard a lot today of incidents around funerals. This was in March 1986. Could I just ask where it actually happened. Was it in Barbeton?

MRS MATHEBULA: Yes this tool place in Barbeton.

MR LEWIN: Thanks very much. Now in your own words if you'd like to tell us what happened and to you afterwards? Thank you.

MRS MATHEBULA: It was in 1986, in May on the 12th. We were going to the cemetery. The proceeding was normal on our way to the cemetery. There was no problem at all. While we were at the cemetery the ceremony was already done and then we were told that the elderly people should go, and I followed. On the way they trapped me and I was called back to the cemetery and they said only the elderly people should go and I decided to go back to the cemetery, and the ceremony was completed in a traditional way and the police were that other side, waiting there, carrying their guns.

I wanted to be on the forefront so that we can get

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off the cemetery very early because I was scared and as I was walking, I was now in the middle of Spayville. I was crossing the bridge, I heard a loud noise behind me and I was scared to have a look. And as I was concentrating on the sound I have heard, I heard a very heavy blow behind me. I didn't know what happened, how did I fall, but when I regained consciousness I was in the hospital patted by white people. And when I asked as to what happened, they said you are arrested. I asked them why and the answer was, "You are being charged with public violence". I said, "Was it a sin to go to the funeral?". They didn't give me an answer. They said, "Bring the things that are at your back, they have to be removed". They said they were taking me to the district jail. They left with me and when we arrived at the police station I was taken to the cell. That was the first day.

The second day, the third day and I was transferred to prison on the third day. I stayed three weeks. They would be coming to check me, the person was Gerald, and they would continually ask me about my health and I would tell them that I am not feeling well, I am not really feeling well and they would console me, and after the three weeks that I stayed in prison, the said the case would be heard and the bail was R50.

Gerald and Comfort came to bail me out with the R50 and I was now released on bail. I didn't stay long. Now this thing that they used to hit me at the back affected my whole body and I became sick. I was at home feeling sick and at home I was taken to the hospital by the family members. I don't know how I reached the hospital because I was losing consciousness all the time and they decided to carry me to

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the hospital.

I don't remember how many weeks did I spend in the

3 hospital. I don't think it was a week, it was just a few

days and the family members were called into the hospital because I wasn't speaking any more. They came to check me, they took me with. I was taken to Rockfell and I was taken to special doctors. They wanted to check as to what happened to my body actually and they were told that the

bullets had been removed from my back and the doctor checked me, examined me once more. They didn't know what was happening and they had to operate me on the stomach. And they said my intestines were just mixed up. I was really injured. I stayed some time in the hospital, the case was waiting in the middle because I was charged with public violence and I was told that I should appear before the court of law. And I was in the hospital then.

The first case was remanded. I was now trying to sit because I couldn't sit before. After I was given a few therapeutic lessons on sitting, we went on to the second stage of standing. Steady but sure I tried my best and I was much better and the family was called in again. Together with my brother in law we left the hospital and the sister next to me was also there. They took me to their place so that they can always take care of me.

Time went by. The day of the court hearing arrived. I was made to stand in the court of law and was charged for hitting the police vans with stones. I said, "Where did I throw stones at the police vans?" I said," How could I throw stones because you shot me from behind. Why couldn't you shoot me at the front?" I couldn't get an answer to that question. They stood on their statement that I threw

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a police van with stones. The case was remanded once more. At on stage we went to the court of law, it was the second

and I was sent, I think it was the third time, they said I was sentenced to four years. I couldn't answer, I couldn't do anything. I just got blank because I had my husband, I had a child and why would I pick stones and throw them at a police van? I knew that I didn't do it.

I left my family under those circumstances. I went to prison. When I was in prison, the family came together and they said, "Can we try to organise an appeal?" Yes an appeal was organised, it was well accepted by the Court but the time was so limited and I had to go back to the cells. Then the family members were told to come and fetch me the next day. The next day they came to fetch me and I went back home. I stayed six months at home, knowing that I didn't do anything. I had hoped that when the results of the appeal were out, not be found guilty, I would not go back to prison, I would go back home, take care of my child. But things turned the other way round.

It was on the 22nd of July, Hiski came to me and he said they want you inside. He gave me a letter, he said, "You should go and spend your days once more in the prison". And he said to me, "When you go in for detention, take this letter with you". I became helpless, I didn't know what to do. They took me with this letter and I was taken to the cells.

Because of all these things that happened to me, I am always sick.

CHAIRPERSON: The interpretation service will resume as soon as the witness is ready.

MRS MATHEBULA: I was welcome back in prison,

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because I tell you I got a very warm welcome because the people in the prison knew my situation, they knew my conditions. Since that day I have never been a healthy person any more.

I spent those years in prison as they charged me but before even six months that I spent in the prison I was attacked by high blood pressure and I fell sick and I lay in bed. I was taken to the doctor and he ken to the doctor and he diagnosed me as having high blood pressure and he ordered them not to disturb me in any way.

I was undergoing treatment very often. I spent three years in prison.

They said, "Because you have been charged with public

violence, we are not going to cut your years, you are going to spend four years in prison. And when Mr Mandela was released, I was given mercy, one year was cut off. I was released on the 22nd of July in 1990 and I was released. But when they released me they released me with this terminal illness in me.

When I went back home I kept on attending medical treatment. I was attending Bobitt before I was taken to prison, I went to Sally and he was the person who was really getting the cure of what was taking place in my life. Even today I still feel that there are parts in my body that are not well and I just go to him, I'm a regular customer now. I cannot work, I cannot do anything. If I try to do anything the hand is painful. When I try to do

anything, the arm is hurting, the leg, my stomach, everything. I went to him and he checked me. He used a machine to check me and he said there was a hole in my bladder and I just looked at him as he was telling me this. He said, "Please do not get disturbed by what I'm telling NELSPRUIT HEARING TRC/MPUMALANGA

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you now". And I kept quiet. He was telling me this and there were things that I could see on my body. There were bullets on my body and I was scared to go to the hospital to let them be removed. I told myself that this was something from God, I had to accept it. God raised his hands and he protected me. He didn't want me

to leave this earth but I must tell you the pain is still with me and my body is damaged. I am well today, tomorrow I am not. Even at work, where I am working, because I realised that I was at all times sick. My employer said, I'm now going to reduce the days. I said to him, "Well that will be the way I have to accept, I lost my family, I lost my house, I lost my belongings, I lost everything. When I came back from prison, everything, my future was destroyed and this is disturbing me a lot. People have places of their own where they can sleep when it's cold. I cannot sleep, I don't have a house, I don't have a home. I was innocent. I went to a funeral of our neighbour, Duty Embata. We wanted to bury her son and that is where I met my fate. I cannot carry on. I will end here.

MR LEWIN: Gladys, thank you very much. Would you turn that mike off please. I think you have shown us that you can carry on. We would like to thank you for coming and telling us this story. Just to make it a little bit clearer, could I ask one or two further questions please?

One is, you mention that Duty Embata's your

neighbour. Their son had died, this was the funeral that you went to and that he had been a member of the UDF, is that right?

MRS MATHEBULA: Yes it is.

MR LEWIN: But you yourself were not involved in UDF activity?

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MRS MATHEBULA: Not.

MR LEWIN: And can you just confirm for us, on your way back from the funeral, just before you felt this shot in the back, in the shoulders, you hadn't been doing anything you were just returning from the funeral?

MRS MATHEBULA: Yes.

MR LEWIN: You mention after you were charged, I get the impression that you were charged on your own for this public violence, for throwing stones. Or were the original five, you said there were five of you arrested. What happened to the other four, were they charged with you?

MRS MATHEBULA: The other one was sentenced to four years, he was a boy, I forgot his name. He was sentenced to four

years together with me and the other one was sentenced 18 months if I remember well and this other boy and the other two were just discharged.

MR LEWIN: You mention in your statement that there was R750 that was paid by your family for the appeal.

What happened to that?

MRS MATHEBULA: When I was taken to prison, they said the money would be taken back to the family because I was now going back to prison and that I was sentenced to four years.

CHAIRPERSON: And then when you were told that you, as you've told us that they would not reduce the four years

because it was public violence, can you explain a bit further about that? Did they explain anything further to you?

MRS MATHEBULA: I do not understand your question Sir.

CHAIRPERSON: It's about them refusing to reduce your sentence, or to give any remission, or to let you out under a normal prison condition. Was that explained to you at all, why they were doing this?

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MRS MATHEBULA: They never explained anything to me.

MR LEWIN: My last question's about the treatment which you have now have. You say you need to attend or see the doctor every month. Can you give some details about what the treatment is and how much it costs?

MRS MATHEBULA: I cannot give you the estimation because my husband had a medical card. He was a teacher and I used to attend the treatment using the medical card. But after that then, my family is taking care of me with their medical card and it will be difficult to estimate as to how much do I pay for the doctor. Sometimes I go once a month to the Doctor, sometimes I go twice, it depends on where I am.

MR LEWIN: Thank you Mr Chair.

QUESTION: Mrs Mathebula, I'd just like to ask you a few questions, how old were you when you were sentenced to this term of imprisonment?

MRS MATHEBULA: I was 33 years old.

QUESTION: At the time when your family paid the R750, was that for bail pending an appeal being lodged against the sentence?

MRS MATHEBULA: Yes.

QUESTION: Did you have a lawyer who was assisting you

with the appeal?

MRS MATHEBULA: Posa was my legal advisor or was my attorney and he left and I was then transferred to a Mr Majaphelo.

QUESTION: Also during the time that you were in prison, at any stage did any magistrate visit you?

MRS MATHEBULA: Can you please repeat your question?

QUESTION: In prison, the three years that you spent there. At any time when you were ill, did any magistrate or NELSPRUIT HEARING TRC/MPUMALANGA

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district surgeon visit you in the prison to check on your health, your condition?

MRS MATHEBULA: I was taken to the prison doctor. He used to come on certain days and I would be taken to him for check-ups.

QUESTION: One last, two questions. Did you have any children from the marriage and did your marriage break up when you came out of prison or while you were still in prison?

MRS MATHEBULA: After I was released from prison there was no marriage at all. I didn't have even any furniture in the house, I didn't have clothes to wear, I didn't have

furniture, I didn't have a pot to cook. My husband is not staying at home any more. He doesn't even take care of me even if I'm a sickly person.

QUESTION: Do you support yourself now?

MRS MATHEBULA: As I've explained, I'm trying. I go to the white people to work, on some days I am at work, but when I'm terribly sick I'm not present at work. And if I don't bring the medical certificate, I don't get a full salary. And every time I've been to the doctor, I have to produce a medical certificate and as time went by, this

woman just cut my working days and she said to me, "You are coming on certain days and on certain days not. It would be much better if we cut your working days and we cut the salary". And because of that then, I cannot survive.

CHAIRPERSON: We want to thank you Sister Gladys. There is nothing painful like knowing that you are innocent and you are taken to prison and the authorities say, "No you will spend three years in jail", for something you know that you didn't do. It is very disturbing. We feel with you and we NELSPRUIT HEARING TRC/MPUMALANGA

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really sympathise with you for your health. Your marriage is also destroyed, you lost many things in actual fact, and we really do not know how to bring back everything you lost. But what we are doing here, we have to say yes, our Nation agrees that terrible things took place in the past and the Nation is saying therefore, we feel with you, we sympathise with you for the trouble that you have been through and please forgive us for the things that happened to you! You will also realise that you were harassed, but that wasn't for a free cause. We now have freedom. We saw that when Mandela was released from prison.

I'm not saying that you should think that we are

ignoring your pains. You still have pains but remember those were not for nothing. They were pains to give us the freedom that we have today and we hope that the things that happened to you, that have happened in your life will never ever happen to anyone anymore.

I don't know as to whether Mrs Slengiwe Mkize, because she is in the Reparations Committee, I don't know as to what kind of help will they give you with regards to the costs as you've been to many doctors. There might be something that they will forward to the President of the country so that you can be helped. We want you to be strong. May God help you, may he remove everything bad in your heart. We thank you.

 
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