So my truth lies in the essence of my being
It is as infinite as the steps of my ancestry
My story did not begin at the arrival of false civilianization
It is as ancient as the oceans yet as new as the sun rises every morning
It is not the words of those who wish to define me
It is often distorted even in the history books
I am more than my dancing feet
I am more than poetic rhymes
My story is not hidden in the stereotypical definitions
To understand my truth is to understand what makes me beat
It is to understand what makes me dance
It is to understand what makes me laugh
It is to allow me to occupy this
Space with you and know that we are
Of the same earth, we plant our feet in the same soil
We breathe the same air
We quench our thirst with the same water
And my truth is as infinite as the steps
Of my ancestry.
“Each victim has the right to know the truth regarding the circumstances of the enforced disappearance, the progress and results of the investigation and the fate of the disappeared person.” Article 24 of the Convention makes it clear that as human beings, we have a right to the truth.
Nokuthula Simelane’s family, pictured in the photos above, was denied that right. Nokuthula was kidnapped, illegally detained, and tortured continuously for five weeks in a farm outbuilding at Northam, North West Province. It is assumed that Nokhuthula was murdered. The policemen who kidnapped her sought and received amnesty for her kidnapping and torture, but refused to reveal the location of her body. They did not apply for amnesty for her ‘presumed’ murder. This left the opportunity for her torturers to be prosecuted for her murder.
In 2016, the National Prosecuting Authority re-opened the case for prosecution on grounds of new evidence. However, the case was postponed while the defendants demanded that the state pay their legal costs, because their actions were undertaken on the instructions of the state. It was a provision of the TRC for the State to cover all legal costs of amnesty applicants. The defendant’s tried to extend this mechanism of the TRC to their current trial. The State rejected the case in the High Court. The defendant’s had already been provided the opportunity to tell the truth at their TRC Amnesty Hearing and failed to do so. Because they failed to come clean in the Amnesty Hearings, they cannot now invoke the special conditions that would have been provided to them.
Now, in July 2017 the case has still not resumed. Nokuthula’s family is still in the dark. They do not know what happened to Nokhutula, or where her body is. Nokuthula remains one of the disappeared.
In 2005, the United Nations High Commission on Human Rights updated their principles to require States “to ensure the preservation of, and access to, archives concerning violations of human rights and humanitarian law.” Society has a right to know what happened to the friends, family, and community members who were lost in the struggle. If we do not know the truth, how can we learn from the past? How can we move forward? The right to the truth must be honoured and upheld.