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We demand due process for Glebelands’ resident tortured by police and
denied medical attention

Ubunye bama Hostela Nezakhiwo Zawo (UbHNZ) demands the immediate
implementation of the Umlazi Magistrate’s Court’s ruling of Friday 24
July regarding Glebelands Hostel dweller and former block chairperson,
Richard Nzama. Mr Nzama – a respected community leader - was brutally
beaten and tubed by police. A tyre inner-tube was forced over his face
and he was suffocated. The police threatened to kill him and throw his
body in the river, then - like the apartheid police - they ordered him
to run to give them an excuse to shoot him.

This is the seventh incident of torture at Glebelands Hostel that has
been reported to our organization, three of which were reported to the
Independent Policing Investigative Directorate for investigation
(IPID). In March 2014, hostel resident, Zinafikile Fica was killed
while being tortured by police at the SAPS Prospecton offices. In
October the same year, police reportedly tortured a woman.

We remind the police that they are bound by the South African
constitution, which states: “Everyone has the right not to be tortured
in any way; and not to be treated or punished in a cruel, inhuman or
degrading way.” In addition, the use of torture contravenes
international laws such as:
- The Universal Declaration of Human Rights;
- The International Covenant on Civil and Political Rights;
- The United Nations Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment; and
- The African Commission on Human and Peoples Rights.

After Mr Nzama was savagely beaten and tortured, he was detained in
the Umlazi SAPS holding cells and refused medical attention. During
this time, officers allegedly repeatedly coerced him with the threat
of further torture to provide statements regarding the crime of which
he was accused. We remind the police that any statements obtained by
force or under threat are inadmissible in court regardless of whether
or not the suspect is believed to be guilty. We also remind the police
that the end does not justify the means – torture can never be
justified – NO ONE arrested, regardless of their alleged crime, CAN BE
TORTURED!

Only after the incident was reported to the IPID and an investigator
visited Mr Nzama, was he taken to hospital. His J88 form is evidence
of his terrible injuries.

At Mr Nzama’s bail application, the police and prosecutor strongly
opposed his bail and demanded his hearing be delayed for seven days.
We were relieved when the magistrate ordered that Mr Nzama be taken to
the Westville Prison Hospital to receive free medical treatment (the
doctor to whom he was first taken referred him to a dentist, a doctor
for further medical checkups, as well as a psychiatric practitioner
because he had been subjected to severe trauma). Because of the
threats made by the police, Mr Nzama was to be kept in a single cell
and no access allowed – especially not by the police, particularly his
investigating officer who was accused of participating in the brutal
assault and torture of Mr Nzama. The court also ruled he was only to
be booked out for his court appearances.

However, on Tuesday 28 and again on Thursday 30 July at Mr Nzama’s
repeatedly remanded bail application hearings, he claimed he had still
NOT received medical attention and had NOT been placed in a single
cell, despite the magistrate’s orders. We understand that Correctional
Services officials have since denied these allegations. Furthermore,
it would appear that the prosecutor and police are making every effort
to obstruct Mr Nzama’s bail application and further deny him his
constitutional right to a fair trial. We remind the prosecution that,
until such time as the court rules, everyone is presumed innocent
until proven guilty. Mr Nzama’s bail application has been remanded
again to Monday 3 July. We trust this time justice will prevail and
that his case will receive fair assessment.

UbHNZ is deeply saddened that although more people have died at
Glebelands Hostel than during the Marikana Massacre, our President
fails to prioritise local crises in which dozens of lives are lost and
an entire communities displaced and dispossessed. We note with
disappointment that international incidents receive immediate
presidential attention, yet the fire in our own backyard is ignored.
We voice our concern that political leaders continue to fail our
people and focus only on political power. This has been seen by the
string of political appointments such as the Minister of Police and
other top positions within the criminal justice system, that have
undermined the integrity and independence of the rule of law.

As the majority of hostel dwellers and their families are from rural
areas, we call on all traditional leaders, tribal chiefs, izinduna,
and the head of the Zulu nation – King Goodwill Zwelithini – to hear
our plea and play a role in bringing peace to Glebelands Hostel.
Recently we have seen the King and his iziduna successfully negotiate
peace at the Johannesburg hostels – our hands are now open in
KwaZulu-Natal. We urge ALL leaders to set aside politics and tribalism
to work together to save lives.

UbHNZ demands immediate medical attention for Mr Nzama and that the
Westville Correctional Facility comply with the court order to secure
his safety. We demand justice and due process for Mr Nzama. We demand
an end to torture and police brutality! We demand criminal cops are
brought to book! We call for the immediate withdrawal of the
ineffectual Provincial SAPS Task Team and the immediate deployment of
National SAPS units from outside the province to maintain peace and
undertake impartial investigations. We demand peace at Glebelands!

It is unthinkable that all that we fought for, voted for, worked for,
and for which we sacrificed so much – for a democratic, constitutional
South Africa, where the human rights and dignity of ALL are respected
- is repeatedly ground to dust under the jackboots of the police and a
government that no longer cares for its people. It would seem in our
‘new’ South Africa, that the poorer the community, the less they are
afforded their constitutional and human rights. Equality before the
law has clearly become as unobtainable as it was for poor black people
under the Botha regime and especially unobtainable for poor hostel
dwellers.

ANOTHER COFFIN FOR GLEBELANDS

After attending the funeral of Thandayiphe Cwele only last weekend,
UbHNZ is distressed to learn of the killing of another Glebelands
resident at around 20h30 on Monday 27 July. Ntlo Sigwebela was shot
dead between Blocks 48 and 49. He was not affiliated to any specific
faction and it was reported that he was killed because he refused to
pay protection money allegedly extorted by hostel thugs. It is obvious
that, to date, law enforcement and local political leaders’ actions
have consistently failed to safeguard the lives of our community. We
are deeply saddened by this senseless loss of yet another life and
extend our sincerest sympathy to Sigwebela’s family and friends and
commit to provide assistance where possible.

We demand ‘Blackjack’ police are pulled out of Glebelands!
We demand immediate National SAPS intervention free from political interference!
We demand due process and the rule of law apply to ALL!
We demand justice and dignity for Richard Nzama!

Issued by Ubunye bama Hostela Nezakhiwo Zawo