CHAIRPERSON: The next witnesses that we call to the stand are Philip Mazuza and Jubulani Lukhele. Please would you identify yourself, which one of you is Mr Masuza.
MR LUKHELE: I'm Philip Jabulani, during that time my name was Mazuza but my name is Jabulani Lukhele.
CHAIRPERSON: Thank you very much indeed. Now would you like me to call you Mr Lukhele or Mr Masuza?
MR LUKHELE: Mr Lukhele because at that time it was difficult, that's why I called myself Mr Masuza.
CHAIRPERSON: Back to Mr Lukhele, welcome to the witness stand, we are very pleased to see you before the Commission and we thank you very much indeed for coming. We have to ask everyone who comes to take the oath, so would you please stand in order to take oath?
PHILIP JABULANI LUKHELE: (sworn states)
CHAIRPERSON: Mr Lukhele what you are going to tell to the Commission and to the country concerns to yourself and in order to assist you in the telling of that story Ms Hlengiwe Mkhize is going to lead you and I'm going to hand over to her now, thank you very much.
MS MKHIZE: Philip the Commission welcomes you. Maybe before I speak to you I will address the people who are here a little bit about you. Eight Congress of South African students, that is COSAS activists from Duduza and Kwatema on the East Rand were killed and seven severely injured when they pulled the pins from booby trapped hand grenades. Philip Mazuza was one of these students. Philip received a serious injury to his left arm which has left him permanently disabled. Not long after the incident and a number of other COSAS students were arrested and allegedly tortured at Danwater Police Station in Nigel. Philip alleges that one of the arrested officers was Eugene de Kock, former commander of police unit based at Vlakplaas.
Philip you have already said a little bit to you about where you come from, I would request you to speak to the Commission and tell a little bit about where you grew up and got involved in the struggle and the next phase of it you will tell us when you started being tortured.
MR LUKHELE: In 1985 when COSAS was formed at Kwa Thema. there were 10 of us and the person who made us come together was Congress Motsweni. We met and organised ourselves as COSAS and we tried to organise students from other schools and we organised students and as soon as they became organised they mobilised and started being harassed by police. When the police harassed us we used to have funerals and started burying our people and one day we went to Duduza, it was on a Friday the 27th of June and I was called inside. Congress Motsweni sent one girl to come and call me from inside. I was with comrade Paul ...(indistinct). They asked me if it is really Congress Motsweni looking for me, and the girl affirmed it. Paul went out with me and they saw Congress Motsweni outside and Motsweni said no, they must all go back as he wants to speak to me alone, there is something that he wants to speak to me about.
When I went to Congress Motsweni there was a black Jetta and there were two men inside this black Jetta. When I got inside this black jetta they asked me whether I was JB, because the other name that I was referred to as was JB. They informed me that they have come from Lusaka and were sent by the ANC, they want to train us so that we can start hitting a targets. There was also another one who has got a spot on the side, one person called himself James, another one called himself Mike. I spoke to them, they said they wanted three or four comrades that will work and be trained together. I let them go away with Congress Motsweni and I went on a night vigil and while I was still on that the police came. They started throwing tear gas and shot rubber bullets and we all started stampeding towards the door and we managed to get out and disperse.
The following day I met Jabulani Mahlangu, Bofit Nonkwenda, Steven Modisane and I told them about this issue that I had with Congress. There were other guys who said they came from exile and, and they said I mustn't play with them. But I said I wasn't playing games with them, and they said we'll meet at Highlands on Monday at Kwa Thema.
We met on Monday in the morning at Highland behind the shops. These people said they would fetch us to train. While we were still waiting there a white combi with curtains appeared and I heard people calling inside. When I looked up I saw Congress Motsweni and other comrades from Duduza and Tsakane. We got inside this combi with these comrades from Kwa Thema and we left but were not sure where we were going. They took out a paper and said we must write our names down so that if anything happens to us they will be able to help us. Indeed we did write our names and they took us to an old mine in Brakpan. When we arrived at this mine in Brakpan they took out two hand grenades, they also showed us how to dissemble them and how one undoes the pin and also told us how you assemble it again and they put it together again. They called me and Mr Lekatsa of Duduza, they said it will be us who are going to throw these hand grenades but I must be the first to start. I took the first one, I threw it, we all lay down and it exploded. Mr Lekatsa did the same, he threw the hand grenade and it exploded. After that we got into the combi and we went back and they started offloading people from Thlakane, Duduza, they also offloaded us in Thlakane, but they said before they started with us we should hit targets the following day. We asked where we will find them and they said we would find them we found them that day and we went our various ways to Kwa Thema, Duduza and Thlakane.
On Tuesday they said they'll come back at seven. On Tuesday by seven o'clock they didn't arrive, nor did they at eight, nine or ten o'clock, but they arrived at half past eleven explaining that they were held up at Deduza where they were looking for the Duduza comrades and so the Jafane comrade asked Jabulani Mahlangu Bofit Nonkwenwe to be on the other side and I would stay with Steven Modisane, so we agreed to that. They were in a black jetta and there was also this girl who had called me, they were with this girl in this black jetta. We shook hands and said go and work well, they got into the jetta and left together with Jabulani Mahlangu and Bofit Nonkwenwe, we walked and entered another place called Miniselcourt. When we arrived at this place it was about ten to twelve. At five to twelve we heard an explosion of a hand grenade at man power at the power station.
When we heard this hand grenade exploding Steven Modisane said don't throw your hand grenades away, I will throw mine first so that when the police come you must throw it at them. He pulled the grenade, I saw something I never saw before in my life, I just saw different pieces being flung out in the air. Mine fell, I tried to pick it up because there were some stones that had come through to me, even now those houses are like that. I don't know if I was hit by stones or anything, I just can't remember, I got injured, I picked up my hand grenade and ran away with it. There were lots of police around suddenly. I ran through to another place called Five Jackets, an old mine and hid myself inside the hole. I stayed there and could hear the police looking for me.
At about one I emerged out as I was in pain, I took the hand grenade and dug it into a hole, it was at United where they were still building houses and I buried my hand grenade there, and I tried to reach home. When I arrived there my father asked me what had happened, I couldn't speak. He took me to Dr Asvat in Roodepoort. I stayed there for about two days because I couldn't trust. Priscilla Jana took me to her offices where I stayed until I went to the township and saw my fellow colleague Paul. There are those who wanted to kill me and those who wanted to protect me like Paul and said that they cannot kill this comrade, we are not sure if he is the one who sold them or not. But I gave them my statement, and when they asked in Duduza and Thlakane they found the same statements and that's how I survived.
Now the police and soldiers were looking for me. One day I said I was going to sleep at home and that's when the police came. When they arrived there they knocked and I hid up in the ceiling. My father opened to them and they insisted that he produce me. They were police from P E who used to work with Danota together with the internal police who were speaking Xhosa. I could hear them saying that today he was going to give them what they want and they took him towards the fridge which they opened and put a gun inside his mouth and said he must reveal me. So he pointed to me on the ceiling and they took me out. They asked me where my hand grenade was, and I said that I gave it to the lawyers. They exclaimed, your shit lawyers, we are also going to kill them! There were about 12 to 15 cars outside and they took me into a combi with silver windows where there were also other comrades who had been arrested. They took us and the combi went inside a bush. I had already been handcuffed, both legs and hands and at about five to four they took me out of the combi in the bush where they started building a fire and made me to lie down. They put fires on top of me and another policeman drained petrol on top saying, let's kill this dog, we'll just say he ran away. Luckily there were two elderly people, I don't know where they came from, they were on bicycles and they asked what was happening. The police took fright when they saw these elderly people and they pulled me out and shook me off. They put me inside a van, not inside a combi now, and they took me to Danota where I was thoroughly thrashed. They said all the police stations were looking for me.
At Kwa Thema Police Station each and every policeman wanted to know who this JB was. That's where I was thoroughly beaten, they said I had burned their houses and I was beaten till my left ear started bleeding. I was shocked on my private parts with electric shocks. There were 24 charges against me including public violence, intimidation and damages to property. I attended all these cases and was discharged on 23 of them. The 24th one was the one that got me convicted. I was in sentenced to four years jail for...... (end of tape 15)
MS MKHIZE: Philip I just want let you rest a little. Can you rest a while, you have indicated these horrifying stories to us. You look very young but you have been through hard times, I want to ask you a few questions and thereafter relax and give us an answer.
What I didn't quite understand well, you said you were four and then people from exile arrived and they said they wanted to train you. You didn't tell us how old you were, were you at school? Were you not working, were you belonging to any organisation besides COSAS?
MR LUKHELE: During that time I was a student at Lawani Mohlape, I was together with Paul doing standard seven. These people arrived while I was in COSAS, Congress of South African Students.
MS MKHIZE: Don't you remember how old you were?
MR LUKHELE: I was 20 years old.
MS MKHIZE: Can I go back and ask you a question about what you have said to us? They first took you and they said they want to train you, can you give us an explanation, when they took you for training, what happened when they were training you?
MR LUKHELE: They told us that they were going to train us. On our arrival we didn't think anything. They said they were just going to train us and they gave me and Gadaffi and Lekatsa the hand grenades, they said we are brave, we have to go and throw those grenades to show others how a hand grenade is thrown and they explained that you should throw it and lie on the floor and that we should go and hit targets on the following day.
MS MKHIZE: When they sent you to hit the targets, can you explain to us how many were you when you went out to hit the targets?
MR LUKHELE: I can say in Duduza there were 10 and in Tsakane there were six. In Kwa Thema we were only two but I was shocked to see that in the main power there was a first explosion of the grenade, that really surprised us. MS MKHIZE: Maybe the Commission might be helped in some way to hear exactly what you referred to, when they said targets, what do you think, did they have people in mind?
MR LUKHELE: They were referring to power stations, houses belonging to policemen and councillors.
CHAIRPERSON: Any more questions, other questions?
MR MALAN: Mr Lukhele, you indicated that you were eventually convicted on one charge. Can you tell us what that charge was?
MR MALAN: And this was that you were accused of? They must have given you the circumstances of that charge? Was that related to the hand grenades or what was it?
MR LUKHELE: They were charging me on burning a person at Kwa Thema.
CHAIRPERSON: If I can help you Philip, this Commission is trying to give you the opportunity to explain to the Commissioner about how that thing happened. If you could explain a little bit more on this charge about this person who was burned as trained people, how involved were you and if you were not involved you should also explain that.
MR LUKHELE: I was actually charged with many cases, but the last one took me to prison which is burning a person. They said we burned a person to death. We were three, I was the first accused, the second accused was Pedi Nhlapo, the third one was Jabulani Sibanyoni and they got four years suspended and they were in for six years.
DR ALLY: You explained that it was your friend who was going to throw the hand grenade first and when he pulled the pin the hand grenade exploded and he was blown up. Can you tell us about your particular injuries, what happened to you?
MR LUKHELE: I don't know what happened, I was hit by lots of stones, I don't know if it was the hand grenade or whether I was hit by it, I really don't understand Sir.
DR ALLY: But there was permanent damage to you from what you say in your statement, can you explain that to us, the injuries that you actually sustained?
MR LUKHELE: When the grenade exploded there was shaking, I didn't think, I was at that stage very confused. ...(indistinct) on the left hand side
DR ALLY: And the people who allegedly gave you these booby-trapped hand grenades, where are they now do you know, do you have any idea?
MR LUKHELE: No I don't know. As far as I hear is that one of them has been arrested, but I don't know.
DR RANDERA: Philip I want to ask two questions. My first question is related to the actual throwing of grenades because one of the areas we're entrusted with is to develop a full picture, are you with me, of what happened? Now you said that the grenades were thrown at councillors' homes and at police stations but within these homes and police stations there were people. Can you explain to us where these decisions were made, was it just a discussion that took place amongst you as comrades, or did that come from somewhere else? Were you following orders?
MR LUKHELE: We were following the orders that were given to us. These people came with a paper and told us where to go, some of the addresses were written for us, we were told who to go and attack.
DR RANDERA: Philip my second question is related to reparation, what would you like the Commission to do for you?
MR LUKHELE: I would like the Commission, I cannot take the decision, I would like the Commission to take the decision on how to help me, what to do for me.
MR MALAN: Mr Lukhele may I take you again to your hand grenade that was taken to Priscilla Jana, was that ever further investigated, the innuendo is that the grenades were boob-trapped, I guess that's the evidence?
MR LUKHELE: I do not know anything, we just left it at Priscilla Jana, we just left a statement, I made a statement, I was with Paul, I don't know if there was any investigation thereafter, I really don't know what happened thereafter.
DR RANDERA: Philip I just want to go back to the beginning of your statement again, you talked about Congress Motsweni, did you ever come into contact with Congress Motsweni again?
MR LUKHELE: I have never seen him up until today.
MS SEROKE: This person they said you'd burned, was this person involved with hand grenade, this person they said you had burned?
MR LUKHELE: No there was a complaint that this person was an informer of the policeman, among those policemen who came to my home, those who arrested me.
MS SEROKE: So this person was an informer, where did you meet this person?
MR LUKHELE: We met her on the field at the place called Masimini School.