CASE NO: CT/00757
VICTIM: MINA DAY
VIOLATION: SEVERELY BEATEN BY POLICE
TESTIMONY BY: MINA DAY
ADV POTGIETER
Ms Day would you like to put on the headphones - I just want to check, can you hear the translation through the headphones, is it coming through.
MS DAY
Yes.
ADV POTGIETER
Well good afternoon Ms Day and welcome here, you - you have waited for a long time - you’ve waited for the better part of the day. We appreciate your patience. Can I just check, I want to welcome the person who is accompanying you as well on the other side. Is that a family member?
MS DAY
She’s a relative, a cousin of mine.
ADV POTGIETER
Well thank you, welcome to you as well ma’am. Ms Day has just indicated to us that you are a cousin of hers. I’ll just repeat we - Ms Day has indicated to us that you are a cousin of hers and we want to welcome you as well and we want to thank you for assisting her and standing by her. We know that more often than not, this is a very difficult thing to do, to give evidence and to come and talk to the Commission. But we want to thank you for being with her today.
I have got to come back to you Ms Day, I’ve got to ask you to take the oath before you give your evidence. I am going to have to ask you to stand please.
MINA DAY Duly sworn states
ADV POTGIETER
Thank you very much, you may be seated. Commissioner Glenda Wildschut will assist you to give your evidence to us. I hand you over to her.
MS WILDSCHUT
Good afternoon Ms Day.
MS DAY
XHOSA - NO TRANSLATION DONE
MS WILDSCHUT
Before I ask you to tell us your story, and what has happened to you, I’d just like to point out to the hearing and to you Mr Chair, that Ms Day’s story will illustrate the reign of terror that existed during the State of Emergency years and particularly for Ms Day 1986. And the terror that the community of Zolani in Ashton was subjected to with that of random beatings and terrorising the communities and even during the imprisonment’s to separate people who had been comrades and colleagues and friends and even during those imprisonment to separate them and to isolate them from support structures and systems.
Ms Day I wonder if you could tell us just a little bit about yourself and would you tell us also how old you were at the time - ten years ago at the time of the incident.
MS DAY
I couldn’t get clear information from the witness.
MS WILDSCHUT
Would you like me to repeat the question?
MS DAY
My last born then was 25 years old so you can count as from then because I can’t count well.
MS WILDSCHUT
Could we say that at the time you were an elderly person?
MS DAY
I was waiting for my pension there.
MS WILDSCHUT
Thank you Ms Day, could you tell us what happened to you then on the night of the 15th of June 1986?
MS DAY
On the 16th of June after 8, we were in the house having supper some had finished and it was only me and Crosby. Incatha came in with some policemen together with those who wore camouflage uniforms on. They kicked the door, some were knocking on the windows and they assaulted us telling us we must open the door. They were inside so we were forced to open the door but they managed to kick it and open it. They grabbed my son, beat him and then took him outside while beating him all the time. As I was going out to check what was happening they told me to go inside and I told them they must never tell me what to do in my own home.
Doyisile and his brother, they beat me, while they were doing this William Nkomiphela cam along with a knopkierie and he also beat me behind my ear. I had a big wound that was bleeding heavily ... (interrupted)
MS WILDSCHUT
Excuse me Ms Day, I am very sorry, the interpreters are finding it hard to hear you, I wonder if the briefer could bring the microphone closer to you please.
MS DAY
It was Ndoyisile and his brother teacher who said to me I must go back inside the house and I said no, you don’t tell me what to do. Why are you beating my son? They said that I have too much to say and they attacked me with sjamboks. After a while Nkomiphela came along with a knopkierie and a sjambok and he also beat me behind my ear. I had bruises all over my body.
While I was in that state I still had the strength to grab on of them. A While policeman beat me up with his gun and I fell down on the cement and I tried to get up looking for them but they weren’t there anymore. I went to fetch an axe because I thought they were there but they vanished into thin air.
There was only 1 White policeman and he asked him what I’m going to do with the axe. I told him that I was going to defend myself. He insulted me, swearing at me and took the axe from me and he told me to go into the house. I told him that I would not go inside because these were my premises and I would do what I like. One of the other policemen came along saying, this woman is a ... I want to open her head and blow her brains away. I said to him you can shoot, you are a murderer and I won’t be the first one to be killed by you as there are many people who have been killed.
On the third incident I was still exchanging words with them when he said you are a racist bladdy maid, she is hardegat (stubborn). I told them that these are my rights, I’m in my premises. When they were trying to arrest me I asked them to allow me to get my shoes and something to put on my head but they said I must go as I am.
They pushed me into the van, as they were driving they picked up people along the way and they took Mvulani along and pulled him into the van. There was a Coloured policeman inside the van who was also insulting us. He said to us they must kill us because Le Grange has given them permission to kill us.
We were taken to Worcester where we arrived on Sunday evening. The following Saturday we were sent to Pollsmoor Prison where we stayed for a while until we were released on the 18th of September. I’m talking about me. As they came to fetch us after 9, the lady policeman where we used to sign when we were going out had already gone home so they told us to wait. We were taken to the other policeman and after 10 this guy phoned saying the one who was supposed to take us home is departing.
One of the detectives from Worcester said to us, you dronkgat (drunkard) you are always making these "viva" slogans but we didn’t answer him and then Hansen said to this child ... We didn’t answer his insults. He said you old lady you’re always making the "viva" slogans and I asked, when did I do these things.
I asked this man who is going to transport us home and he said you are going alone. I was so surprised that I asked him again if I am going alone and he said yes. He said I must not be frightened.
While I was at home Hansen repeated his words again saying, you old lady and the White policeman said no please, leave the lady alone. That’s all I can tell of my story.
MS WILDSCHUT
Thank you Ms Day but maybe we should just go back a little bit and - do you mind if I ask end of Tape 3, side B ...
MS DAY
... came along with them that’s was the cause of my beating.
MS WILDSCHUT
So you were trying to defend your children and by defending your children the police said that you were being cheeky.
MS DAY
Yes - yes.
MS WILDSCHUT
Do you understand why you were arrested and taken to prison, do you understand the reason why you were arrested?
MS DAY
It’s only because I’m very cheeky and they said anyone who doesn’t patrol irrespective of whether he/she is a comrade of not they will kill this person with it’s offspring. That was their resolution.
MS WILDSCHUT
So they had agreed that anybody who doesn’t do as they tell you to do, should be shot and should be removed.
MS DAY
Exactly.
MS WILDSCHUT
Later on in your statement you talked about the police saying that Le Grange has allowed them to kill, who is Le Grange.
MS DAY
They said he is their superior, they said he has given them the right to kill. I couldn’t ask who Le Grange was, I just listened to what they were telling me because they said we are taking their country out of their hands.
MS WILDSCHUT
So - so you were one of the people who was busy taking the country out of the hands of the police.
MS DAY
I also don’t know as I was also wondering how I could take their land so I didn’t mention anything about their country that’s why I was surprised.
MS WILDSCHUT
Ja, I am trying to understand and I am sure that everybody who is listening to your testimony today, is also trying to understand why somebody of your age should be beaten so severely and then imprisoned for three months. And also when you were...[intervention]
MS DAY
They said I’m very cheeky so I must go to prison so that I can change my mind. They said that even if I die it’s okay with them.
MS WILDSCHUT
Yes most of the people in this area who were arrested and taken to prisons, were sent to Victor Verster prison in Paarl, why were you sent to Cape Town, to Pollsmoor?
MS DAY
Woman were all sent to Pollsmoor prison in Cape Town only the male victims were sent to Victor Verster, those who were arrested at that time. My son was also sent to Victor Verster.
MS WILDSCHUT
So your son was sent to Victor Verster and you had to go to Pollsmoor in Cape Town.
MS DAY
He was sent to Victor Verster and I was sent to Pollsmoor.
MS WILDSCHUT
Was there ever a charge laid against you - why were you sent to prison?
MS DAY
We didn’t attend any courtcase, we were just released and no charge was laid against us.
MS WILDSCHUT
Did they - did they tell you whether you were detained under the State of Emergency Regulations?
MS DAY
That’s what they told us. A charge was laid against the younger brother, the younger son of mine.
MS WILDSCHUT
And what charge was laid against him?
MS DAY
They said he was involved in the burning down of the house.
MS WILDSCHUT
Do you know anything about that?
MS DAY
I know nothing about that but even in the town they were accusing him but he was attending choir practice in Oukamp. They said it won’t help them to try to escape because they were going to be taken to prison. Whether he threw stones or burn a house or not they were going to be taken to prison unless they could help the policemen patrol on the location.
MS WILDSCHUT
Ms Day I know this might be difficult for you but I wonder if you can tell us how was your stay in prison - how were you treated what were the conditions like in prison?
MS DAY
I didn’t get any bad treatment the only place that we got bad treatment was here in Worcester. In Cape Town there was nothing bad but there was one particular day when we asked when we were going to be released, they threw teargas at us and we were separated and put in different cells.
MS WILDSCHUT
How were you affected by the incident that you talked about today, by the beating and your subsequent imprisonment, how did that affect your life?
MS DAY
One of my kidneys is not functioning properly and I’m getting cramps time and again, it’s a side effect from that beating. Even if I’m not working now I’ve got that child who was released and was working but now he is unemployed. He couldn’t find any employment because of this situation. They don’t want to employ him because they say that he was involved in the burning down of the house and the throwing of stones. As I’m not working I’m waiting for them to support me.
MS WILDSCHUT
So the impact on your family has not just been on - on you but also on your children and your son in particular.
MS DAY
Yes, not the one who was beaten but the one who was arrested. It’s just that his employer couldn’t get a person to fill his position so the one who was arrested was the one who was not beaten.
MS WILDSCHUT
What I - what I find very remarkable is that as police beat people and particularly in your situation as the police were beating you, so they were also insulting you, that must of had a tremendous impact on you because as a older person in the community, we are meant to respect our elders.
MS DAY
Yes I was supposed to be respected. To be insulted by your private parts is not right more especially so by someone who is not of your nation.
MS WILDSCHUT
H’m that evening I know that also reference was made to a dog, were there any dogs in the neighbourhood?
MS DAY
The dog was mine, not the neighbourhood’s. It was a strong dog and they threatened to shoot my dog and I told them they dare not do that because it had a chain on therefore it was chained. That would have been the fist time that I experience a person shooting a chained dog.
MS WILDSCHUT
But they were also referring you - they were comparing you with a dog.
MS DAY
Yes, it’s like that.
MS WILDSCHUT
Ms Day I wonder if you can give us an idea of what you would expect from the Truth Commission - how is it that we can - what is it that you would like us to do for you?
MS DAY
Because my blood was innocently shed I want to get revenge on those who assaulted me because I’ve got children who are suffering from their deeds. I want them to pay me something for what they did to me and my family.
MS WILDSCHUT
Yes could I just ask you to - to explain a little bit more, could you explain to us what do you mean by you wanting revenge and...[intervention]
MS DAY
I want them to pay, to give me some funds because there is nothing I can do to take revenge physically. I want them to pay for my blood that was shed innocently. Ever since I was beaten I’m a little bit blind in my one eye and as time goes on it gets worse.
MS WILDSCHUT
Ms Day this must have been very difficult for you to share your story with us, I just wonder whether my colleagues would like to ask you any questions.
ADV POTGIETER
Yes Pumla Gobodo.
MS GOBODO-MADIKIZELA
Thank you Chairperson. There is nothing that is so hurtful as to hear that a person in another violation is insulted in the fashion that you have been.
XHOSA - NO TRANSLATION DONE
ENGLISH TRANSLATOR: I don’t how the person who is translating translates that in English.
MS GOBODO-MADIKIZELA
Other mothers would not believe that such a thing could happen, that your character has been so insulted. Those boys, those young boys insulting a person of your age and standing, if you had been a White person would they have insulted you in such a way, would they have done the same thing to a White woman of your age?
MS DAY
I don’t know.
MS GOBODO-MADIKIZELA
It seems to me that because of your colour this gave these policemen the feeling that they had the right to insult you in this awful way. There’s nothing else that I want to say. I’ve heard the disgusting things that have happened to you and to your children and as you’ve told us how they’ve insulted somebody who is not even of their own nation. When you think of they way in which you were insulted by those people what is it that comes to mind?
MS DAY
It’s very difficult for a person to insult you with the thing that he doesn’t even know or have in a mass of people because it was something that they could enjoy and there was nothing we could do.
MS GOBODO-MADIKIZELA
That’s the thing that is most painful about this, that all the things that have happened to you and even to the person who spoke here, the father before you, that there was nothing that you could do. You’d both been insulted in the most private parts and it’s a very painful thing to hear that such things were happening. That is all that I would like to say.
ADV POTGIETER
Thank you Pumla, Ms Day just one issue, how long were you detained?
MS DAY
I was arrested on the 15th of June and came out on the 18th of December at night.
ADV POTGIETER
That’s for a period of just over six months.
MS GOBODO-MADIKIZELA
Three - three months.
ADV POTGIETER
Three I am sorry Pumla.
MS DAY
It was just about 4 months.
ADV POTGIETER
Four months - well Ms Day it just remains for me to thank you for coming here, and waiting to share your story with us. There is very little that one can do - or one can say or add to what was already said. All that one could perhaps just say is we thank you for sharing that story with us and the hope is that through hearing these stories, hearing all these outrages things that happened, we would be able to at least learn something and learn to make sure that things like that never happens again.
And it’s for that particular reason that - that we must thank you for actually coming forward and sharing what’s clearly a very painful experience with us, we thank you very much.
STATEMENT FROM WITNESS - MINA DAY
I am an adult female residing at no 48 Building Street at Zolani township in Ashton. During the State of Emergency period, that is, on the 15th of June 1986. I was at home with my son Crosby Loyiso Day sitting in the sitting room as others were in the bedroom, namely Mimi Day Betye, Thulisa Betye and others who were still young at that time.
It was at about 8:00pm and we were busy eating our late supper. I heard a terrible knock at my door. Whilst listening to that knock I heard other knocks at my windows and I decided to look as my window curtain was not closed. Through the window I saw white policemen. Whilst there were those policemen next to the windows, others were busy damaging my door in order to access it as it was closed and locked.
They managed to open the front door and I realised later that it was damaged as they used force to open it. After the door was opened I saw Ndoyisile Ndabeni and Sayinile Teacher Ndabeni in front entering my house. The first thing they did was to insult my son Crosby Loyiso Day for not opening the door when they were knocking. They thereafter went straight to him accusing him of being Cheeky and assaulted him. Both of them beat him with their sjamboks.
Loyiso in attempting to defend himself grabbed Ndoyisile and put him down and strangled him as he was lying down. Ndoyisile pulled out his pistol with the intention of shooting Loyiso as they could see that he was being overpowered [my assumption] Nodiyisile was stopped by Mr Joubert after being asked by Mr Gamleki Mxhamelu Day whether to pull out a gun was in the line with the Law.
After this we went outside the house and I asked the police why Ndoyisile and Teacher assaulted Loyiso - what did he do - there was no reply from the police, instead it was my turn to be beaten up. I was beaten by Ndoyisile, Teacher and Mr Nkomiphela. Mr Nkomiphela knocked me with a knopkierie, he was carrying, that is a stick with round head, on my head at the back.
He knocked me twice, as a result I was bleeding furiously as his knocks caused a wound on my head. I grabbed Ndoyisile. When I was about to hit him a certain white policeman whom I believe was from Montagu, knocked or hit me on my back with the back of a rifle. I became extremely angry. I took an axe which I was going to use to harm Ndoyisile and Teacher. Unfortunately or fortunately for them, they were already gone by the time I had the axe with me.
There were only two white policemen closer to me now though others were just all over the place inside my yard. In other words those two policemen were the ones I ended up dealing with them. The first thing they did was to take the axe away from me. One of them, viz.: the one who hit me said I should go inside the house otherwise I would be shot. The last part of his sentence is the one which made me very angry.
In my reply I said they should rather kill me as they are used to killing innocent people. He then pointed his rifle at me and put it on my forehead three times. He was stopped by his colleagues but he persisted in pointing his rifle at my forehead. At last he stopped because his colleague was saying to him that he had to stop.
Thereafter he said that I deserved to be locked up in a police cell. I was then put inside the SAP van by force. I was badly treated seeing that I was an adult woman. We were then taken to Worcester Prison and thereafter transferred to Pollsmoor Prison in Cape Town as others were transferred to Victor Verster in Paarl. I stayed there for three months and were released on 18th September 1986.
REPORT BY INVESTIGATIVE UNIT
Investigators interviewed Ms Day on the 17th of June. She stated that on the 15th of June 1986 she and here family were having dinner at her house at approximately 8:00pm. There was a knock at the door and she saw a white policeman through the window. The police forced the door open and entered the house. She saw Ndoyisile Ndabeni and Samile Ndabeni a Teacher . These two people went straight to her son Crosby Loyiso Day.
They insulted him for not opening the door when they knocked and began to assault him. Ms Day asked the men why they were assaulting her son. They then hit her with sjamboks and knopkieries. They arrested her and took her outside where she saw many policemen and SADF members surrounding her house. She was taken to Worcester prison [see prison records] and from there to Pollsmoor prison and finally to Victor Verster prison.
She stated that she had at no stage broken the law, she had merely attempted to protect her son. She stated that she had not received medical attention. The prison records indicate that she had scrapes on her face and marks on her back that indicated that she had been hit. There were also marks on her upper thighs. The records indicate that the marks were evident 6 days after the incident.
RESEARCH NOTES
On 17th June 1986 police in Ashton were reported to have tortured nine detainees during their arrest and interrogation.
