MR ALLY: Thanks for accompanying Joshua. Joshua before I ask you to tell us your story, I am going to ask if you will just take the oath with Richard Lyster please.
JOSHUA LUFUNO MULAUDZI: (sworn states)
MR ALLY: Mr Mulaudzi, before you begin. It may just be that you share a surname and it is no relation, but if you recall earlier we had testimony from Mulaudzi, is there any family connection or is it just that you share the same surname?
MR MULAUDZI: We just share the same surname, we are not related.
MR ALLY: Thank you very much. You are coming to speak on behalf of yourself and you are coming to speak about harassment and assault. I am going to ask you now if you would please tell us what happened to you.
MR MULAUDZI: Thank you. What happened was in 1986, it was after we held a meeting at the University of Venda. The meeting was held for the youth and by the youth from various secondaries.
And even the youth who were coming from various structures in different territories. By then I was a member of the South African Youth Congress which was fighting a freedom fight.
The main objectives were to fight against independence and the many campaigns which were quite different. Like
VENDA HEARING TRC/NORTH WEST
2 JL MULAUDZI
the anti-independence campaign were engaging those.
After that meeting which we held, by then I was a student at the University of Venda. That is on the following week at home, when we were just sitting at home, watching news and the kids told me that the police had arrived who were looking for me.
When I went to them, realising that they were police, I asked for one thing. I asked for a warrant of arrest. I just don't know, maybe it was because of the influence that I had and I was engaging (indistinct) at the University of Venda, so I had a little bit of knowledge on law.
What they replied, they said you are playing, we are not here to play, we are just here to arrest you. Mabele Tshivhase is the police who came and the other short guy, who until now I can't even know his name.
The short guy is the one who just then when I was getting arrested, and when I was asking for the warrant of arrest, he produced a gun and pointed it at me and I didn't have another option than doing, or complying, I was arrested and taken to a yellow van, which was closed by sails so that the people on the way should not even see what is happening and I could not see outside.
And then I went with them. We went to a cell, a police station at Sebatsa. That is where I was thrown into a cell, I had only a shirt then and just mere lumber, it was very small.
It was cold and I didn't have a heavy lumber. Right on the morning when we arose, the very same man, Mr Tshivhase arrived. He was in the company of Mr Nesemari who I know is somebody who doesn't have a full dental formula.
He is the one who took me and sent me to where we
VENDA HEARING TRC/NORTH WEST
3 JL MULAUDZI
referred to as interrogation centre. Next to the place where they kill animals.
Most of us who were in political organisations knew it as the notorious vemben. They took us there and I was made to sit on a cement which was cold and wet. The people who were there, the ones I knew I can only think of Mr Nengelo Leruhfas.
Just then Mr Nesemari on his delivery of whatever he was doing, just to prove that they got me, you thought maybe you will make this Government fall, collapse, now we got you. You will tell us the whole story.
Whilst I was seated there, I was asked to stand up and I stood. On standing there was somebody, I can't really remember who brought the shambock, and then I was shambocked on my back several times.
As I was struggling when the shambock was still on my back, Mr Mganga arrived. What he did when he arrived, he held my stomach and pulled me up. By then I was not as hefty as I am now, however I was exercising and it was so difficult for somebody to lift me using my stomach, but he did.
Whilst there, Mr Nesemari came back and asked us to go to the other room. On that room, that is where we were, I was given the exam pad and I was asked to write on what happened when I was at the University and also to write on which organisation I was affiliated.
Mainly what they wanted as they said is to talk about the man called Jerry, as to who he was and what organisation does he affiliate to.
It was very difficult to say in our organisation just to donate news and secrets of our organisations
VENDA HEARING TRC/NORTH WEST
4 JL MULAUDZI
unnecessarily, it was not good.
What I did, I only wrote my own biography as to where I was born and where I was schooled, past and went elsewhere.
When they came back, they said that is rubbish, we want you to write this. I was forced as they were telling me that very same man, Jerry is a leader of the UDF, write this and I wrote.
Say you are a member of UDF, I wrote. Finally, I was taken back to the police station. After the statement had been taken, the rest I cannot say to avoid wasting time. I just want to concentrate on what I want to present now.
When I was at the police station, we slept there and then we slept the second day. We were hungry, the food which was brought could not even be associated with mankind, maybe dogs could eat. However, I tolerated without eating.
The following day an old man called Mr Tshivhase arrived. I think he is now on pension and he said politely that you are going to take another statement, which is going to be sent to court.
On that day before we had to give statements, I was terribly weak because of hunger. There was one specific policeman who I attended school with, who really helped me. He bought half a bread for me and a pint of milk, answering to the name of Mr Mawashen Ramatho.
I think he really helped me because I was hungry. When we went to the other room which was on our east, Mr Tshivhase's room, he told me that I should take a statement which was to be sent to the Magistrate. I refused because I told him I'm not false to take, I am not compelled because I am not obliged, I have the right to give a statement to
VENDA HEARING TRC/NORTH WEST
5 JL MULAUDZI
the court.
They forced me until - because of force made me oblige. After that, they explained to me that you are discharged. You are charged for public violence and incitement after the meeting that you held at the University with the various SRC Secondary school kids and even from structures from the Youth League, which were then called the South African Youth Congresses.
Then, on the following day we went to court. It was surprising because when we arrived there, we were eighteen and that proved that besides me, there were other people who were already arrested who were charged of the same charge or public violence and incitement.
We had to appear at Tambo court, that is where we were made to ask for representation from Human Rights, who had to represent us in that case.
That is where we were released. After that, what happened consequently was the reputation of going to court, the lawyers had arrived then to represent us after three hearings.
That is why our case could not proceed, withdrawn. I imagine the Attorney-General had suspended it, put it aside and said this is not a case.
What really worried me was that when the police arrested me, they did not really stick to how the law requires when there is no warrant of arrest.
The other thing was that when we went to the interrogation room, I was obliged and forced to take a statement, that really worried me, and beaten unnecessarily because I know if somebody is said to be wrong, he must be given chance to give a statement, not to be forced and
VENDA HEARING TRC/NORTH WEST
6 JL MULAUDZI
intimidated to give a statement.
Something else that really worried me was that within my heart as a member of the South African, and I really told myself that such people will never arrest me, otherwise they will have to arrest me whilst I was dead or they will have to kill me.
The following things about harassment which took place on my side. At home, after I were detained or arrested, every now and then in the evening when I was at home or not even at home, when coming back, my mother used to tell me that the police were around. They said they will come back around twelve midnight.
Every now and then it was just the same case repeatedly and I realised that this policemen knew that I was a member of the South African Youth Congress and Northern Transvaal Action Committee, which was an affiliate of UDF.
That time when the police were asking me, I really resisted, refused that I was a member of such organisations because I realised if I had to say that it meant that I could have said a lot of things unnecessarily.
However, I survived because now I was alighted so that is should not happen continuously. It stayed like that, we went on getting harassment. At home, in such a manner that in 1988, during that time, I was already a member of the SRC University of Venda in which I had to be re-elected in 1988.
During that time, it was the end of the year around September or so, when we were preparing ourselves for the examinations, there was another major strike in which strike all members who belonged to the SRC flew, we fled and we were searched up and down throughout the country and I am happy now that we have Mponsedo who is the member of AZAPO,
VENDA HEARING TRC/NORTH WEST
7 JL MULAUDZI
we were together in the same SRC, he can witness regarding harassment.
During that time when we had to go for examinations, we went there as an SRC to the Rector and pleaded with him so that he should protect us at the University of Venda where we were.
We realised that the Rector was not prepared for that and on hearing that and knowing exactly that I was a member of UDF and the South African Youth Congress, that is where I suspended my education and I had to go where I could live more, rather than staying and writing the examination without knowing whether I was going to get killed or arrested.
Since then, I left my - suspended my studies. That really hurt me, because up to now I am still feeling painful, because I was not prepared, I was not interested to leave or suspend my lessons, because that was due to the activities which were very painful especially from the police people from Venda.
The other thing that really pained me, was that when I was at home, my parents and other people, family members and relatives, thought maybe I didn't like school or some other things related to that. However, by now I believe and hope that many people can really say that whatever we are doing and the activities, really contributed to where we are now.
What I would like to make as an appeal or announce, is that the people who arrested me and those people who beat me and the people who used to come to my place, like people like Tsedo, I don't know, I can't recall his initials, Mr Mabele Tshivhase, Mganga, Nesemari and the other people who were his colleagues who I don't know by now, I would like to VENDA HEARING TRC/NORTH WEST
8 JL MULAUDZI
say at least it will be better if they were to appear here so that I shall also have a free spirit.
I am not happy when I am here, however, if they were to appear before the Commission and explain to the people as to what they were doing, the other major thing is if they appear before the Commission, I would like to know as to who was sending them. Are they the people who were on the previous Government on the Intelligence section so that they should be mentioned so that people should know about them, so that I shall have freedom of rest.
The other thing that I want to know is if these activities are taking place here, and the other activities which were taking place during that other time etc. what kind of link did they have. I mean the Intelligent people from here and even their structures, how did they use to link each other with the Central Government, so that we shall know because we cannot just simply say now maybe people who are here now, are working in the Government. How do we know that they could be the very same people who were in the old Government system.
This is something that I wanted to say regarding these activities so that the Commissioner shall help in getting involved, thank you.
MR ALLY: Thank you Joshua. It is clear both from your testimony now and from your statement, that you were very involved in the struggles which were taking place in this part of the country.
And that your involvement starts round about 1985, 1986 and continued right until the end of the homeland system year, till the decision that independence would no longer be observed, independence of Venda land.
VENDA HEARING TRC/NORTH WEST
9 JL MULAUDZI
Now I would just like you to help us to try and understand some of those political activities.
This will help us understand the context in which many of the things that you were speaking about and others took place. It seems that this period, 1986 to 1989, 1990, was a period of intense political struggle. Sometimes it is described as the period of ungovernability, where the homeland system had to be attacked in such a way that it couldn't work and that there were attacks on people who supported the homeland system.
Whether they were in the Government themselves or businessmen, in fact, even teachers. One teacher was attacked and killed in 1986. Now when you speak about you being charged and you say that the charge against you, although you say that the case was never ever taken to completion, was public violence.
Is there any link between some of those activities and those charges, what was the exact nature of that charge of public violence against you and some of the colleagues who were charged with you at that time?
MR MULAUDZI: By the way in which I've heard the questions, when questioned, where there was a charge, the police have linked the meeting which we have attended with other members of the South African Youth Congress, which was held at the University of Venda.
They took what was said in that meeting and they think that thing are related with public violence.
MR ALLY: This public violence, can you tell us a bit about it. Did something happen after that particular meeting?
MR MULAUDZI: After that meeting, nothing happened except that students and the youth who were coming from different
VENDA HEARING TRC/NORTH WEST
10 JL MULAUDZI
villages, they were saying that in the villages they must form structures for the South African Youth Congress. Those who were in our schools, were told to form structures, which are democratic to represent the students from different forums.
Maybe what happened, happened before in - round 1987 when there were activities which you can say they can be linked with public violence, but after that meeting, there was no incidents of activities which you can say are related to public violence.
MR ALLY: You in your statement speak about being severely beaten up and shambocked. Can you tell us if there had been any permanent effects? How are you now and the state of your health?
MR MULAUDZI: Being assaulted by a shambock have got no major effect in my body, but I just felt pain for weeks and months that followed, and then I was healed.
MR ALLY: The other thing you mentioned is that you were forced to abandon your studies. You were at the University of Venda, I think you said you were studying B.Proc or some law degree that you were studying.
MR MULAUDZI: Yes, I was studying (indistinct)
MR ALLY: And did you ever go back to continue or did you after what happened to you, just abandoned your studies completely?
MR MULAUDZI: I went back again, but the difficulties was that I was having a family which I must take care of it and it was very difficult for me to balance the money for school and running my family.
MR ALLY: So were you again forced to discontinue your studies because of all the financial and family pressures?
VENDA HEARING TRC/NORTH WEST
11 JL MULAUDZI
MR MULAUDZI: Yes.
MR ALLY: But you are presently employed at the Old Mutual, you say you work as a consultant?
MR MULAUDZI: Yes.
MR ALLY: In your statement you also speak about events which happened in 1990, which you actually didn't speak about in your testimony. If you could just speak about it very quickly. When you speak about seen the death of a student by the name of Elsie in 1990, can you just tell us very briefly about that event.
MR MULAUDZI: In short, what happened is that everywhere when there is a liberation struggle, it go hand in hand with casualties which are different, which came in different ways.
By that time, to make mention of Elsie, I could also make mention of many more, people like Lawrence was shot by the police. The child from the Lusunsi and Karambe family who was run by a car, the White man car while the people were helping after the release of Mandela.
To include that is because in the forefront of all these things which were happening, which were politically, people from political congress were leading the people in organising.
Now to make mention of those names so that some of them died and it ended up being casualties of things which happened when there is a struggle.
I am feeling pity for their family members and those who have passed away.
MR ALLY: Thank you very much Mr Mulaudzi. I will see if there is any more questions.
MR MANTHATA: Mr Mulaudzi, it seemed by the time of your
VENDA HEARING TRC/NORTH WEST
12 JL MULAUDZI
arrest that is of Mabele, Nesemari these people simply had such an intense dislike of you, that if appears things had happened before, you know, before this very time when they had to detain you. What were your activities before?
MR MULAUDZI: Before I was arrested, I've already explained that I was a member of the Northern Transvaal Action Committee and a member of the South African Youth Congress, which was lodged by that there.
MR MANTHATA: I want the activities not the membership that you belonged to. What campaigns had you had before?
MR MULAUDZI: Campaigns which I was involved in were those like anti- (indistinct), anti-independence campaign. Those were the campaigns which were there by that time.
MR MANTHATA: They wanted someone Jerry. What position did Jerry hold or what had he done?
MR MULAUDZI: Jerry was the Regional Executive Committee member of the South African (indistinct)
MR MANTHATA: A student at Venda University?
MR MULAUDZI: Yes.
MR MANTHATA: And what became of him?
MR MULAUDZI: He ended up being arrested and he was questioned and he ended up being released after some time.
MR MANTHATA: You engaged the services of a lawyer for Human Rights, who was he?
MR MULAUDZI: I cannot remember his name, but he was a White man who was instructed by the lawyers from the Human Rights, from Jo'burg.
