A Dry White Season Page #15

STOLZ:

They had been removed for repair.

DE VILLIERS:

And why did he wish to jump out?

Because you were torturing him?

STOLZ:

He wasn't tortured.

DE VILLIERS:

Perhaps it was the toothache then.

No reaction from Stolz.

DE VILLIERS:

You said you seized incriminating

documents at the deceased's home;

can you produce them to see how

subversive he was?

LOUW:

(to Magistrate)

Those documents cannot be

introduced as evidence, Your

Worship, in view of the fact that

state security is involved.

(CONTINUED)

81.

CONTINUED:

The Magistrate makes a note.

DE VILLIERS:

I put it to you, Captain --that

the only subversive activities

the deceased had been involved in

were his efforts to establish

what happened to his son,

Jonathan, allegedly shot during

a riot, although several witnesses

are prepared to testify that he

died in detention one month later.

LOUW:

(jumping up)

I protest...

DE VILLIERS:

This would support my case that an

innocent man has died in your hands

under highly questionable

circumstances.

LOUW:

If it please Your Worship... this

unwarranted slur on the integrity

of the special branch is

unacceptable... and based, I may

say, on allegations which are in

any case irrelevant to the present

inquest.

MAGISTRATE:

I agree.

DE VILLIERS:

(turning on Louw)

If the police are really interested

in retaining an unsullied

reputation, they should not object

to the real facts being presented.

Thank you, Captain.

LOUW:

The real facts are being presented

--as the following affadivits

prove. They are all by detainees

--who testify that they had all

seen the deceased intermittently

from the time of his detention -to

the time of his death --and on

all occasions he was in good

health.

(CONTINUED)

82.

CONTINUED:

As the documents are passed to the Magistrate, they are

scorned by De Villiers. Imperviously he requests:

DE VILLIERS:

I trust the signatories of these

... documents... are available to

corroborate their evidence in

person.

STRAIGHT ON ARCHIBALD CHIGORIMBO

Detainee in the witness box. He swears in Zulu.

De Villiers holds his signed affidavit.

DE VILLIERS:

Mr. Archibald, when did you first

meet Gordon Ngubene?

ARCHIBALD:

(looking at black

crowd, then to De

Villiers)

I never saw Gordon Ngubene.

A sudden stillness in the court.

ON Ben.

ON Stanley.

ON Melanie.

ON Louw.

DE VILLIERS:

Are you saying that you didn't

sign this statement?

ARCHIBALD:

... I never met Mr. Ngubene...

they forced me to sign. Captain

Stolz, he hit me many times with

a rubber hose... he said he would

kill me 'less I signed... this...

this is what he did to me.

He pulls up his shirt --his back is covered in bruises.

The crowd cannot restrain itself any longer. Ben is

aghast by what he sees.

DE VILLIERS:

Thank you, Mr. Archibald.

(CONTINUED)

83.

CONTINUED:

MAGISTRATE:

Advocate Louw?

LOUW:

(uncomfortable)

No thank you, Your Worship.

As Archibald leaves the witness stand, held by a special

branch officer, he raises his fist in salute and shouts

to the crowd:
"AMANDLA." The crowd responds: "Ngawethu."

Ben looks at Archibald. He is very impressed by this

strength in the prisoner's eyes.

An officer of the court shouts at the crowd: "silte in

die koort" (silence in court) --bailiffs collar a few of

the loudest protesters and pull them with brutality

out of the courtroom.

DE VILLIERS:

(to town, wearily)

May we put up the second

signatory?

Louw confers hurriedly with the prosecution officers, then

turns back to the court.

LOUW:

Your Worship --the other three

signatories cannot appear for

reasons of state security.

He sits down, bland, examining his papers.

DE VILLIERS:

Your Worship, I'd like to recall

Captain Stolz.

As Captain Stolz returns to the stand he crosses Archibald

being handcuffed by the S.B. officer.

Ben watches him passing by the detainee, straight, impassive

without a look to him.

DE VILLIERS:

Captain, you're still under oath

--you took Archibald's statement.

Was it voluntary? I'm sure you'll

say it was, then how did he come

by the injuries on his back?

STOLZ:

He fell down the stairs a few

days ago.

(CONTINUED)

84.

CONTINUED:

DE VILLIERS:

Fell down the stairs. You should

do something about those stairs,

Captain, so many people fall on

them. Thank you.

The crowd laughs.

STOLZ:

(to the Magistrate)

Your Worship, may I be excused? I

have to escort detainee Archibal

back to John Vorster Square.

MAGISTRATE:

You may, Captain, and thank you.

(to the crowd)

I think this's a good moment to

adjourn --we'll reconvene at two

thirty.

EXT. COURTROOM -DAY

Emily, Margaret, Stanley and a man, are sitting outside

the court eating fish and chips.

There are various Africans sitting around for their lunch

break.

CUT TO:

INT. CAFE NEAR COURT -DAY

Ben and Dan Lewinson having a light lunch in a nearby

cafe.

BEN:

(buoyant)

De Villiers is making mincemeat

of them.

LEWINSON:

He's very good. His cross-

examination has got them rattled.

BEN:

It's obvious to anybody! The

evidence is clear!

(pause)

Did you see Archibal's back? He

didn't have to tell the truth.

Dan Lewinson's dry laugh catches in his throat.

(CONTINUED)

85.

CONTINUED:

LEWINSON:

That's what Stolz is saying to

him right now in his torture room.

CUT TO:

INT. COURTROOM -AFTERNOON

Advocate De Villiers and a dignified Emily in the witness

stand.

EMILY:

Captain Stolz lied. My husband

never fight the police when he

was arrested. They were rough

with him, pushing him and

threatening.

DE VILLIERS:

When your husband's clothes were

given to you, in what condition

were they?

EMILY:

There was blood on them and in

the back pocket I found three

broken teeth.

DE VILLIERS:

Now Mrs. Ngubene, you have seen

the note that's said to have been

written by your husband. Do you

recognize the writing?

EMILY:

(firmly)

That's not how my husband writes.

(strongly)

He never wrote that letter, they

lie.

DE VILLIERS:

Thank you, Mrs. Ngubene.

MAGISTRATE:

Advocte Louw?

He shakes his head.

EMILY:

(facing the

Magistrate and in

firm voice)

They killed my husband and son.

(CONTINUED)

86.

CONTINUED:

ON Ben, satisfied.

MAGISTRATE:

(to a policeman next

to Viljoen)

Will you take the woman out?

DE VILLIERS:

I'd like to call my last witness.

Grace Nkosi.

Grace's name is called. She is an attractive 20-yearsold

girl. As she passes by Ben, he watches her with

concern; her face looks familiar. Of course he remembers

having seen her at John Vorster Square the first time he

went there to meet the colonel. GRACE NKOSI is the

African girl the two security officers were lifted to the

ten flour. He recognizes her.

Grace Nkosi in the witness stand.

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