DR ORR
Mr Dyabooi can you hear me through the phones - stay seated for a minute, who is the young woman with you?
MR DYABOOI
My cousin sister.
DR ORR
Okay, welcome to you, thank you for coming here to support Mr Dyabooi. Mr Dyabooi thank you for being here with us today and thank you for waiting a long time to tell your story - could you stand now to take the oath please.
XOLILE DYABOOI Duly sworn states
DR ORR
I will now ask advocate Denzil Potgieter to help to tell your story.
ADV POTGIETER
Mr Dyabooi good afternoon and welcome here. Your evidence - your story relates to 1987 and it relates to your detention and what happened whilst you were in detention.
MR DYABOOI
Yes.
ADV POTGIETER
Now is it correct that you were in the company of a group of friends and you were about to leave the country in 1987.
MR DYABOOI
Yes.
ADV POTGIETER
Can you tell us what happened.
MR DYABOOI
During 1987 we were five - we were members of the South African Congress - while the - we see the increase on the struggle we made a decision that we’ll leave South Africa. We were going to exile, we have seen the situation because the State of Emergency was declared.
The activist were in a witch hunt, the policeman were looking for them - some of them were arrested already. It was on Wednesday that year, I can’t remember the month, we left the Western Cape by car. And then the following day when we are in the borders of Botswana - we were arrested by the soldiers and policeman who were there. We were taken to Mbato imprisoned - that’s where the whole incident started, we were beaten up by the policeman under the Government of Mangope.
After that we were taken to Zeerust, when we arrived in Zeerust - I was handcuffed with the other comrades, his name was Malungi [indistinct] Shonangwe from Mossel Bay but he was staying here in Worcester. We were blindfolded then with black clothes - policeman who were there with [indistinct] tries to put out on the path - on the road and yet the cars were there.
But fortunately my colleague or comrade try to pull me because the hooters of the car notify us that we are on the road. The policeman were just behind us, after a while we had to cross the road, we entered into a building where I notified that it has three floors. We went up the stairs, it was me and my colleague - and my comrade sorry. We were on the last floor then, we thought as if we were there. The polisieman pushed us - the handcuffs were pressing against our writs and then we cut -we had to cast our wrist and we rolled down the stairs. After a while they take us an take the handcuffs off - that’s where they started to beat us.
In the evening I thought it was time for them to go home, they took us to the police station, we don’t the name of that police station because we were still blindfolded. On our way to this police station, one of the policeman, he was white, he was speaking Tswana fluently - take out his gun and he pointed it at me directly on my head and he asked me to run - he was speaking Afrikaans. As I was listening to him, they handcuffed us again behind our backs - because they said we were trying to escape.
When we got into those cells, they separated us, I was on mine and my comrade was on the other cell. We were taken time and again to these offices, they were beating us up there, my face got swollen, I had scratches - whole of - the whole of my body and then the following week they take us from those cells - we were given to the South African Government. I can’t remember the day that we were taken there - they were -they put us into a Kombi, we were chains - tying our hands - hands and feet were tied with chains from the first comrade up till the last one. When we about to approach the Bridgetown near Mafikeng, we were taken off this Kombi.
There was one I could identify known as Lucas and McDonald, they were from Worcester. They called me aside - they asked if - is Xholile Dyabooi, I am Xholile Dyabooi, I said yes that’s me. And then they let me into the van, they drove off. We arrived here the following day around about three in the afternoon. We were taken to the Sanlam Buildings here in Worcester, we were photographed there and we were told that you are being detained under the provision of Section 29, it was the law.
I was taken to the Strand police station, some of my comrades were taken to different police stations. Days after that we were tortured by the police - severely. By this time each and every morning they use to take me to one of the rooms in Macassar, or Stellenbosch, I think they were the police rooms. They use to bind me - bind my feet together with the table, they seated me so that I can’t even move an inch. They took a bag known as [indistinct] it was like the post bags and they use to put it on me, I just couldn’t defend myself because I was bind feet and hands.
As they were beating me this - this bag drags - thereafter I would be very dizzy, they would take me - when they were about to knock off at four and they would take me back to the cells. A few days later as I was detained, they would give me food, but at times I would just throw the food down the drain, or down the toilet. We were always suspicious of poisoning.
Time went by until we served the detention for six months - I think I am mistaken - I was ill whilst I was still in detention and they took me to Hottentots Holland Hospital at Somerset-West. I was swollen and I had lumps and swollen glands, I was given treatment, but I don’t think that was effective enough.
And the leader of the investigation team was Lucas van Loggerenberg and McDonald and a few others, there were so many of them, but he was the leader. And he was also the one who was giving orders for my beatings. After six months Lucas came - he told me that the Section 29 Detention Order has expired and I was suppose to appear in court. We were going to hear what we were accused of. A few days later we were taken to court and we were charged and convicted as terrorists.
We were sentenced and it was said we were sentenced for contempt of court. As we were detained under Section 29 we were also put into solitary confinement for all these months, I didn’t even see anybody, nobody visited me, I was taken to Brandvlei maximum security, Stander - there was a certain Major who gave orders that I should go and be detained in a donkergat that is where I spent my solitary confinement sentence.
So I got indemnity in 1990 when President of the country was released. I thank you.
ADV POTGIETER
[indistinct] it appears that the -the worst and the most sustained period of torture was during your Section 29 detention at the Strand, is that correct?
MR DYABOOI
Yes it is so.
ADV POTGIETER
Now were you being interrogated at that stage when this torture was going on, was the torture to get answers out of you - what was going on?
MR DYABOOI
Yes they were interrogating me - they would take about ten minutes beating me and they would take this plastic bag and cover my face and then I would have difficulty in breathing and then they would keep on interrogating me.
ADV POTGIETER
[indistinct] long you were - you were detained you saw under Section 29 for about six months - for how long did this torture carry on?
MR DYABOOI
I spent four months and I was being tortured during the whole period.
ADV POTGIETER
Was it always the same team of interrogators and torturers that was involved under the leadership of Lucas van Loggerenberg and McDonald from Worcester?
MR DYABOOI
Yes it was the same team.
ADV POTGIETER
[indistinct] is it correct it seems that you - you obviously were detained in solitary confinement, you were on your own.
MR DYABOOI
Yes it is so.
ADV POTGIETER
[indistinct] of 1987 in that solitary confinement under Section 29?
MR DYABOOI
Yes it is so.
ADV POTGIETER
Now this - the solitary confinement, the torture that interrogation, has it affected you in any way and presently still or not?
MR DYABOOI
What I can say is the after effects where that, I have been affected psychologically I - went I say I have been affected psychologically I am not a psychiatric patient, but if you can ask any person who was detained under Section he will tell you the after effects of that - anybody who was detained under that Section never comes out the normal person again.
ADV POTGIETER
[indistinct] - now just some more details about the charges, eventually when you were taken out of Section 29 detention - were you then charged with terrorism?
MR DYABOOI
Yes it was under the Terrorism Act and later in our trial, we defied and we refused to go to the Court of South Africa because we were feeling that the Bophuthatswana homeland was an independent state and then we felt that we have to attend court hearings at Mbato.
ADV POTGIETER
[indistinct] - well you were tried in Worcester in the Regional Court is that correct?
MR DYABOOI
Could you please repeat the question.
ADV POTGIETER
Were you eventually charged - is it correct in the Worcester Regional Court?
MR DYABOOI
Yes it was here in Worcester the Regional Court.
ADV POTGIETER
[Question not recorded]
MR DYABOOI
It was the terrorism case which I was appearing for.
ADV POTGIETER
Did the police find any - any weapons on you - any arms on you when you were detained and arrested at the border?
MR DYABOOI
No they didn’t find any weapons - they just arrested us. The only thing that we had in our possession was the passports only.
ADV POTGIETER
[indistinct] also that you - you never left the country, you were arrested as you were about to leave.
MR DYABOOI
Yes it is so.
ADV POTGIETER
[Question not recorded]
MR DYABOOI
In the beginning I was sentenced for six months for contempt of court as I was informed by Van Wyk. Secondly when I was about to finish the sentence I in trial, I was sentenced again for four years and six months.
ADV POTGIETER
[indistinct] for terrorism.
MR DYABOOI
Yes it is for terrorism.
ADV POTGIETER
Mr Dyabooi have you got any request that you want to make to the Commission?
MR DYABOOI
Yes after this hearing of the Commission I would like to meet the Commissioners so that we speak something in camera.
ADV POTGIETER
[indistinct] - convey your request in private.
MR DYABOOI
Yes I would like to speak privately with you.
ADV POTGIETER
[indistinct] - thank you very much for your evidence.
DR BORAINE
Thank you Mr Potgieter are there any other questions - Ms Burton.
MS BURTON
Thank you Chairperson - Mr Dyabooi you seem to us to be a very strong person but I am sure you are right, that people who have been for a long period in solitary confinement carry the results with them for a long time. But thank you for coming today.
You are not the first person to have mentioned the special branch offices in Worcester here, and I just wondered whether for people who are not from Worcester you could explain to us - there - this is not the police station, this is a special branch office is that right?
MR DYABOOI
I didn’t quite get the question properly.
MS BURTON
You - when you were questioned, you were taken to a building which you said was the special branch in Worcester.
MR DYABOOI
Yes.
MS BURTON
It was a different building.
MR DYABOOI
Yes it was a different building.
MS BURTON
[indistinct] about a special branch building and the people have mentioned Sanlam is that the same place?
MR DYABOOI
I am not quite sure, but if you know Worcester it is just next to the CAN building, it seems as if is a big building, its just next to CAN.
MS BURTON
Thank you.
DR BORAINE
Dr Orr.
DR ORR
Mr Dyabooi you were very severely tortured when you were detained under Section 29, did you see a doctor at any stage during that time?
MR DYABOOI
o you mean during the period when I was serving under Section 29? If so, I was just taken to the doctor in Hottentots Holland Hospital so thereafter I was never taken for medical attention.
DR ORR
Did you ask to see a doctor on any other occasions?
MR DYABOOI
Yes I did, I was at Brandvlei maximum at the time, I was undergoing a hunger strike and then I was demanding my release because Nelson Mandela was released at the time and some of the political prisoners were released. So during the 17th day I went - I demanded that I should see a doctor, but this was - I was denied.
DR ORR
Thank you.
DR BORAINE
Ms Burton.
MS BURTON
You did mention that you were - went to the Hottentots Holland Hospital at one stage?
MR DYABOOI
Yes I did.
INTERPRETER
The mike is not on the interpreter cannot interpret properly.
MS BURTON
My question was whether Mr Dyabooi had been to the Hottentots Holland Hospital and what treatment he received there.
MR DYABOOI
I was just given tablets - I told them how I felt and then I was - tablets were prescribed for me. The Security Police were waiting for me and they were guarding me, so the doctor just obeyed their orders - only tablets were prescribed for me.
MS BURTON
Was that during the time when you were being held at the Strand police station?
MR DYABOOI
Yes it was then.
MS BURTON
About the end of 1987 or the beginning of 1988?
MR DYABOOI
It was at the -before Christmas 1987.
DR BORAINE
Mr Dyabooi before we ask you to leave the witness stand, are you living in Worcester now?
MR DYABOOI
Yes I stay here in Worcester.
DR BORAINE
And are you employed - and if so, what are you doing?
MR DYABOOI
No I am not working, I am unemployed.
DR BORAINE
There are many-many people like you unfortunately so how do you manage, do you have family, who cares for you?
MR DYABOOI
Yes I have my elder brothers, I staying with them.
DR BORAINE
I am very glad that you got somebody there next to you because you’ve been through a very grim experience. We have listened to many people in many parts of the country and solitary confinement is a form of torture even if they don’t lay their hands on you, it’s a form of acute torture as you have experienced, to deprive people of human companionship or company is unnatural.
But you have endured solitary confinement and physical assault and you are going to need lots of help and lots of care and I am very glad that you have a family who can help you. I hope very much as we all do, that as you tried to pick up the pieces and start a life again, that you will be able to find work and that you will be able to find meaning in life, and one of the things that this Commission is trying to is to try and help the process of healing - the healing of the mind, of the body and of the spirit and we hope that by your being here today, not only have you helped us, not only have you helped many people in this hall and many people who are going to read about this story and watch it on television or hear it on radio, but we hope very much that this healing will help you to. That by telling and sharing some very deep and painful memories that it will not just bring back bad thoughts but rather release them so that part of the healing can begin.
There is no magic we understand that, but we hope its a beginning and we want to thank you very much for being with us and we have listened to you very carefully and we wish you well, thank you.
