PRAYERS AND A READING FROM THE BIBLE
MS SOOKA: It is the place where victims tell their stories. We have received a number of statements from Tembisa but not everybody can tell their stories publicly. What we have done is we have chosen statements and we have chosen some from young people, some from old people, a number of women and stories relating to the different events which took place in the lives of the people from Tembisa. I am going to introduce the panel to you. On my left-hand side is Commissioner Hlengiwe Mkhize, the Chairperson of the Reparation and Rehabilitation Committee, on my extreme right-hand side is Professor Piet Meiring, a member of the Reparation and Rehabilitation Committee. Next to me is Mr Hugh Lewin, a member of the Human Rights Violation Committee, and I am Yasmin Sooka, the Deputy Chairperson of the Human Rights Violations Committee.
This hearing is an opportunity for victims to tell their stories, and we ask that when they are telling them that you allow them to speak in peace and that you are silent during that particular time. We stress that we do not make findings at this hearing. We hear the cases from the witnesses and once they have told their stories the matter is then handed on to our Investigation Unit which investigates before the Commission makes a finding as to whether someone is a victim or not.
We also wish to emphasise that being found a victim is
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not dependent on your appearing publicly before the Commission. We can do that on a statement as well. We have our statement-takers who are sitting in the room to the right of the exit sign at the back of the hall, and if anybody wants to make a statement they are available for you to do that.
We have provided interpretation services and these are available. Earphones and headsets for those people who do not understand the languages which are being spoken. The witness will speak in his or her language of choice.
Before we begin our proceedings today we are calling upon a man who is very well-known to most of you, Mr Timothy Tony Mabena, who will come forward and very briefly tell us a little bit about the history of Tembisa. We know that Tembisa began its life in 1957. The stories we are going to focus on today relate to people who disappeared and who have not been seen again, to many of those who were tortured and who were shot in the different periods of violence.
We now call upon Mr Timothy Mabena to come and take the stand please. Mr Mabena we would like to welcome you for your assistance in the preparation for this hearing and we would like to welcome you to this hearing. However, before you begin I am going to ask you to take the oath.
TIMOTHY TONY MABENA: (sworn states)
MS SOOKA: Could I ask you to begin please.
MR MABENA: Yes. I have prepared a paper that states "Brief Report to the Truth and Reconciliation Committee about Tembisa", and I am going to give the history.
Tembisa Township was established in 1957 to accommodate families removed from Olifantsfontein, Irene, Verwoerdburg, Edenvale, Kempton Park and Alexander. They were
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accommodated in shacks. The first sections were Thobeni, Ekhaleni, Mqansa, Sitebeng and Masimong. Some years later Sithughau Hostel was established next to Thobeni Section and there were two schools at Ekhaleni and Thobeni and one shop at Ekhaleni which also served as a post office.
In 1962 or '63 the first four-roomed house was built at Sitebeng Section. Residents were invited to inspect and it was called the "Sample House", and they wanted the approval of residents. The Municipality started building those four-roomed houses and administration offices at Sikhelo Section and a two-roomed clinic at Mqansa Section.
Tembisa was granted municipal status in 1983 by means of election. Only 14% of the residents voted. In 1984 the Town Council collapsed and it was replaced by seven Black administrators and one White chairperson. At that stage the Civic Association emerged and started questioning the imbalances in the Township. The working committee requested a meeting with the authorities. Street Committees were formed to take mandates from communities. This led to major consumer boycotts in 1985 and also wanted the withdrawal of army, police from the Township. The rent boycotts started in 1985, people protesting against increases of rent and service charges.
In 1986 the entire leadership of Tembisa Residents Association was detained and taken to Modderbee Prison. By 1987 arrears totalled, that is rent arrears, totalled 12 million and the Council collapsed.
Tembisa was intended to house only single people. Most of the sections in Tembisa were hostels for single men. One might sight Maqulong, Timong, Chiyane, Etafene, Mlonganeng, Toga, Vusumuzi and Lerale. In most of these hostels we have TEMBISA HEARING TRC/GAUTENG
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seen people taken those houses and taken them to be family houses. Some houses were surrendered by the Council for allocating the families.
Tembisa was one of the horrible townships with four creches, 28 primary schools, ten secondary schools, and we had a total formal houses, that is 20,000 formal houses and rented were 9,000. Those bought for 30 year leasehold were 8,000. 99 year leasehold were 2,500 and freehold, none. Occupants per house was round about 16. Hostels four, halls three, police station one, post office one, library one, hospital one, clinics three, soccer fields 15, cinemas two. The above was for the population estimated 400,000. Thank you.
MS SOOKA: Thank you very much Mr Mabena. I think that it would be very useful if you would give a copy of your statement to our briefers so that we can put that in terms of our records. The statistics you sight are incredibly frightening and one recognises that it is incredibly difficult for people to live under those kind of circumstances. We know that the system of single-sex hostels was one of the roots of contention in this country, particularly in townships. I am going to ask my fellow commissioners if they have any questions that they would like to ask you.
Mr Mabena you have also given us a statement relating to your own personal story.
MR MABENA: Yes.
MS SOOKA: Are you going to deal with that as well?
MR MABENA: Yes I am going to deal with that as well.
MS SOOKA: Alright. You can go on to that.
MR MABENA: Ja. Probably one would start with my detention TEMBISA HEARING TRC/GAUTENG
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in 1977. I was detained by a policeman called Johan Coetzee. I was by then the Secretary of the Black People's Convention. At that stage our chairperson which at that stage was James Malea was already detained and a colleague Mike Mtembu were also tortured. I was brought to Rabasoto.
On our way to Rabasoto Johan Coetzee asked me that is it possible that Black people can rule this country. He spoke in Afrikaans and he said to me "Timothy do you think the Black people will rule this country", and I said "Yes". And he said to me "You are going to jail, just like Mandela". They brought me to Rabasoto.
At Rabasoto they took me to one room which had blood all over and Johan Coetzee told me that "Do you see this blood, if you are not going to speak the truth your blood is going to be spilled all over this room". The other room, where they started beating me, they put a plastic bag over my head and started beating me on the head, on the body and they were using a hammer to beat me on my feet. At that stage there was some, because I could not see, some policemen who were laughing when I was beaten up and I lost consciousness. I don't know for how long, but when I gained consciousness I heard Johan Coetzee telling, that was Pat Vilikazi, that "go and through this dog away". He took me. I went home and my grandfather could not recognise me. I was then taken to a doctor, who has passed away, Doctor Khwele at Kopanong Section, where X-rays were taken and I was referred to the hospital.
MS SOOKA: Do you want to tell us about the time that you were also held in Modderbee Prison?
MR MABENA: The second, I think it was when I was the General Secretary of the Tembisa Resident Association, and
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at around one o'clock a policeman called Borman came to my house. With him were close to six, if not seven, other White policemen. At that stage my wife was also the Secretary of the Women's League. They started searching the house around one o'clock and picked up some documents that we had at that stage. They arrested us. They took us first to Rabasoto and after Rabasoto they took us to Spartan. They took us to two separate rooms and at that stage Borman left and one huge White policeman came to me and he gave me a paper to say I should write down everything that I know about the Tembisa Resident Association. But before he came already Borman had slapped me because he said "I must just cooperate". He asked me to write everything that I know about the Tembisa Resident Association.
After writing I handed this paper to this White man and at that stage, close to ten policemen came and this huge White man asked them who is this one, and everybody laughed and he said "no this Timothy Mabena, Resident Association, and if we are having him here we don't know what is going to happen about the rent boycott". I was then taken to Modderbee Prison.
Before I could be taken to Modderbee Prison Borman came and commented and said to me I am going to join my colleagues which is Paul Maseko, Isak Nypai and Alithiani who were then at the Modderbee Prison. He said what other thing do I want from him, I said he can release me. He came back and he said your wife will be released and she is going to take your clothes, you will be going to Modderbee and we are going to charge you with treason. We stayed at Modderbee until we were released with restrictions. I have a copy of the restrictions which was signed on the 21st of TEMBISA HEARING TRC/GAUTENG
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February 1989 by the then Minister of Law of Order Adriaan Vlok.
MS SOOKA: You also spent some time on Robben Island, do you want to tell us about that?
MR MABENA: No I never, I have never been to Robben Island.
MS SOOKA: You didn't. Mr Mabena you probably have quite a lot of information on the kind of activities that took place in this area and you mention that you were a member of the Tembisa Residents Association.
MR MABENA: Yes.
MS SOOKA: From the statements that we have received in this area there seemed to have been a number of problems. I wonder if you could tell us a little about the group called "The Toasters"?
MR MABENA: I think the group called "Toasters" started at Umtambeka Section after one leader has pointed a gun at somebody, because those youngsters at that stage, it was more of information, because I was the leader of the Residents Association and we had our own sectional committees who were giving us and who were briefing us on what was happening at the sections. We were told at that stage that a group of youngsters wanted one leader to be killed at Umtambeka Section, and those youngsters were just adamant, ill-disciplined, who never wanted to listen to the leaders. When the sectional committee wanted to discipline them they actually ran away from Umtambeka Section to Vosimuzi Hostel. That's the brief that we got from our leadership within the sections.
MS SOOKA: There are also a number of names of policemen.
MR MABENA: Yes.
MS SOOKA: Which have appeared quite regularly through the
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statements and I wonder if you could tell us about them, you yourself was interrogated by one of them. Are they still around in this area? Were they members of the Security Branch?
MR MABENA: Yes. Let me go back to 1977 and '78. I was a student at the University of the North. At that stage one security policeman, which is Pat Vilikazi came to the University with Johan Coetzee. Pat Vilikazi as a policeman is still alive because when we received these orders to sign at the police station, at one stage it was round about one o'clock, whilst I was signing at the police station he was there. On a number of occasions I have seen him preaching. He is at Rabasoto Police Station. He is now wearing a uniform. About Johan Coetzee all I learnt is that he passed away. There is another one who was the lieutenant, the second in charge to Johan Coetzee that was Groenewald and there are some - the other one is Twale also. It's a policeman who was engaged with Borman. There was another old man whom I've learnt that he's also related to one Chief's soccer player Fani Madida who used to stay at Umtambeka Section. Those policemen are still alive except I don't know the whereabouts of Johan Coetzee. Borman I believe is still in Spartan.
MS SOOKA: Are they integrated within the community now?
MR MABENA: The last time when I saw Borman he was watching our march when we marched against "Toasters" to the police station. I, and a colleague of mine approached him and asked him, Borman are you still a policeman, and I believe he's integrated.
MS SOOKA: Thank you. Is there anything that you would like to add to your statement?
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MR MABENA: What I would like to add to my statement is that I think Johan Coetzee interrupted my future, because in 1978 I had to run away and not finish my degree. That's all I want to tell the Commission that when looking at my statement they should consider that my education was interrupted by Pat Vilikazi and Johan Coetzee and Groenewald.
MS SOOKA: Could you tell us a little bit about what you actually do now?
MR MABENA: What I do now?
MS SOOKA: What are you employed as if you ...(intervention)
MR MABENA: I am presently employed by the National Union of Metal Workers of South Africa as an organiser.
MS SOOKA: Thank you. I am going to ask the others if they have any questions to ask you.
MS MKHIZE: Thank you Mr Mabena. In your case we will oscillate between questions which we are wanting to know more about the history of Tembisa as well as your own personal exposure to human rights violations. Can you tell us a little bit about the Black People's Convention, its activities, its mission and vision and how it landed in serious problems with the security forces?
MR MABENA: I think the Black People's Convention was an organisation which was really conscientising people, especially Black people to understand themselves. As you are quite aware there was suppression. At some stage we have seen especially Black women using cream to be White. And also stretching their hair that they should look like the Whites. I think the Black People's Convention's duty was to conscientise people to say as Black people they are
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okay with the colour of their skin and also they are okay with their hair. It was to conscientise are people.
MS MKHIZE: As an organisation were you involved in armed struggles at all or it was just a philosophical position?
MR MABENA: It was more of a philosophical position. Nothing was mentioned of arms in our organisation.
MS MKHIZE: You mentioned also here in your statement that your wife was taken to prison, whether she was detained is not clear, can you just tell us a little bit about the circumstances surrounding that?
MR MABENA: I think what I said is that we were taken to Rabasoto and to Spartan. At Spartan we were questioned at two separate rooms and Borman came to me and asked me what can he do for me, and I said he can release me. He said I am going to release your wife she is going to take your clothes and you are going to Modderbee. She was released the following day. She never went to the prison.
MS MKHIZE: So in all these instances you were questioned mainly about this organisation or there were any particular activities that they were interested in?
MR MABENA: At that stage I was questioned about the rent boycott, consumer boycotts that were happening in Tembisa and my activities in the Tembisa Resident Association.
MS MKHIZE: Just one last question from me, in all these activities did you ever get legal assistance?
MR MABENA: Only in 1987, I was represented by Shan Chetty and yes in 1987 we used to consult with the lawyers in terms of what our legal rights were in the organisation.
MS MKHIZE: Thank you.
MR MABENA: Thank you.
PROF MEIRING: You are a community leader and you are in
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the know of what people are feeling, of what people want in Tembisa. One of the most interesting things that awaits the Truth Commission is to make recommendations on reparation, how to help individuals after the hearings, but especially how to help communities after the hearings. Have you given it some thought what so-called symbolic things could be done to Tembisa to help ease the tension and to help people to bear the pain? For example some people in other communities thought that re-naming of streets, to name the heroes of the struggle, should be considered and other things. Have you given it some thought, what symbolic things can be recommended by the Truth Commission in order to help the whole community of Tembisa?
MR MABENA: What I have said earlier is that, yes, naming the streets and some buildings, it's a symbol. But I have recommended that Tembisa should dedicate a day where all victims and also because of this process that even perpetrators should be invited, where everybody that they will release all the frustration, all the pains that he went through, and that day should be celebrated yearly by the people of Tembisa.
PROF MEIRING: Thank you very much, that helps a lot. May I ask in future, in coming months, if you hear with your ear to the ground similar proposals will you please send it through to us.
MR MABENA: Thank you.
MS SOOKA: Thank you.
MR LEWIN: Mr Mabena if I could just ask one brief question about the symbolism of us being here in Rabasoto, I mean it's a name that crops us and we will hear it over the next three days. The name keeps recurring. Rabasoto, people
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were taken to Rabasoto, people were brought to Rabasoto as the police station. We are not quite in the police station, we are in the hall next door to the police station, but can you just tell us in your words what you feel is the significance and the symbolism of us having this hearing of the Truth Commission here in Rabasoto?
MR MABENA: I think what I said earlier is that Rabasoto is where we are now. The police station is a different thing, but because things used to happen at Rabasoto, then the whole area was then called Rabasoto. The Rabasoto is the community hall, not the police station. The police station it's a police station, but you cannot separate the police station now from the Rabasoto because of the closeness of Rabasoto to the police station. So the police station generally our people call, if somebody is going to a police station he will tell you that I am going to Rabasoto.
MR LEWIN: Do you see any significance in us being here?
MR MABENA: Yes there is, because of the history of Tembisa and a lot of events having happened at Rabasoto which one cannot - you know there is no clear distinction as to is it the police station because if you look at it at face value some people will be thinking that the Truth and Reconciliation hearings are happening exactly where it was happening at Rabasoto, meaning the police station where people were tortured.
MR LEWIN: Thank you.
MR MABENA: Thank you.
MS SOOKA: Mr Mabena you mentioned that you were detained under the State of Emergency Act, and you also said that Mr Shan Chetty acted for you, were you at any stage during the two years, were you charged formally in a court of law?
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MR MABENA: No Shan Chetty was representing me in the detentions of 1977 because we were filing a case against the then Minister of Police, Jimmy Kruger, for the sufferings that were caused to me.
MS SOOKA: During the period of 1986 when you were held at Modderbee how long were you there before and were you charged at the end of that process?
MR MABENA: I think at Modderbee we were always threatened because at that stage there was this Delmas strike. I still remember Borman coming to us and saying to us look these people at Delmas are charged with treason and you are also going to be charged with treason and the charges were not forthcoming. At that stage, if I still remember well, we then wrote a letter to the Minister who was then Botha, to ask for release or be charged.
MS SOOKA: Thank you. We would like to thank you for coming today. Hlengiwe has got one more question.
MS MKHIZE: Thank you. As I indicated that having you is an opportunity for us, can you just tell us one more thing before you disappear, where is Tembisa today in terms of conflicts that occurred not between the residents and the security forces but between different political groupings within Tembisa, how are relationships now?
MR MABENA: I think the other thing we have made in Tembisa is that we have managed in Tembisa to have discussions across the political groupings in terms of people fighting for political reasons. I think in Tembisa presently one would say it's at zero percent. We don't experience that thing anymore in Tembisa.
MS SOOKA: Thank you Mr Mabena. We would like to thank you for coming and for sharing with us your own perspective of
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what has happened in Tembisa through the last number of years. You are a survivor in fact of the process and I think that it was very important for us to hear you. Thank you for coming.
MR MABENA: Thank you.
