Human Rights Violation Hearings

DR BORAINE

We invite Margaret Elizabeth Anne Titus to the witness stand and I understand that she’ll be accompanied by her son Johannes Petrus Hendry Titus. Is Ms Titus here? Ms Titus we’d like to welcome you to the witness stand, we very grateful to you for coming along and coming along with your son as well. I understand that you will be testifying is that correct?

MS TITUS

Yes.

DR BORAINE

If that is so, then I would be grateful if you would take the oath.

MARGARET ELIZABETH ANNE TITUS Duly sworn states

DR BORAINE

Thank you very much will you take your seat please. Ms Titus you have come with your son and your son is the one who was so very badly injured - shot and you will tell us that story. It goes back to 1976. It obviously totally transformed your life, your family and particularly your son.

And we want you to be very relaxed and just tell your story in your own words and in order to assist you, advocate Denzil Potgieter who is a Commissioner will ask you certain questions, but of cause it’s your story.

ADV POTGIETER

Thank you Chairperson. Ms Titus prefers to give her testimony in Afrikaans.

MS TITUS

Afrikaans.

ADV POTGIETER

You are very welcome here, you brought along with you today on your left your son, Johannes. And next to him is his wife, Marilyn Titus, is that correct?

MS TITUS

Yes.

ADV POTGIETER

And your testimony will deal with the shooting incident in which Johannes was injured is that correct?

MS TITUS

Right.

ADV POTGIETER

Johannes is your eldest son is that correct?

MS TITUS

Yes that is correct.

ADV POTGIETER

And as we’ve heard he is married.

MS TITUS

Yes he is married and he has three children. Actually what happened this was in 1976 I was at work and my little girl phoned to say that he’d been shot. He went to the fish shop to go and buy fish for the other children still at home.

When he returned apparently there was a box in the road and he bent down to pick it up and he was shot with an FN rifle. And I then asked my employer to take me home. And I went to the scene where the incident happened. When I arrived there the ambulance was there already and I wanted to climb into the ambulance, but they told me no, you can’t get in because he is already dead.

But in Hanover Park Avenue is a Catholic Church and the priest stood there and he was also praying. And the priest offered me a lift to the hospital. He first said where are you taking the child and they said to Victoria Hospital. And he stayed in Victoria Hospital for a whole year, he underwent eight operations.

And what they did he was on a respirator and they had to keep him alive artificially and after a year, he was discharged from hospital - no before he was discharged from hospital Dr Liebenberg told me that the whole in his stomach could not be repaired because if they were to repair it, he’d die and then. I then transferred him to Groote Schuur Hospital and there they performed the ninth operation on him and repaired the whole in his stomach.

And subsequently a policeman came to me and apologised for having shot the child. He said he was very sorry, this is one from the Philippi police station, he said that he also had a wife and children and that he was very sorry that he had shot him with the FN rifle. Before he was discharged from Victoria Hospital, a couple of policeman arrived and they said that he had to go to Pollsmoor prison, so I went to the doctor, the doctor said no, he is far to ill he is in intensive care he simply can’t go to Pollsmoor prison in any event, then I took him to Groote Schuur and there they did the ninth operation.

And when he was discharged I received a summons that he had to go to Court. He appeared in Court and we were in the - sitting in the courtroom, the Magistrate said to him look you’ve already endured your punishment it’s not necessary for us to sentence you because you’ve already had your punishment. And that’s how it happened that I moved from Hanover Park to Mitchell’s Plain.

ADV POTGIETER

Thank you, may I just interrupt you here. We are now talking about the second incident, thank you- you’ve told us now what happened in 1976.- ’76 the shooting incident. I just want to put a couple of questions to you to clarify the issue. Where were you living when this incident happened. MS TITUS

We lived in Hanorver Park.

ADV POTGIETER

And when in ’76 did this incident happen?

MS TITUS

It was I think in September.

ADV POTGIETER

What - what were the conditions in Hanover Park like, were their riots, what happened?

MS TITUS

Well I can’t really say, because I was working, but there were quite a few people around the ambulance, a lot of policeman.

ADV POTGIETER

But generally speaking what were conditions like in Hanover Park in September.

MS TITUS

Yes there were riots during - this as during the time of the riots.

ADV POTGIETER

How old was Johannes at the time?

MS TITUS

He was 15 years old. And I then moved from Hanover Park to Mitchell’s Plain. One morning he walked to the shop, he wanted to go and buy some cigarettes, it was about half past eight in the morning, and one of my neighbours shouted come quickly they’ve put him into the police van, they took him. I went to the police station and I asked them where is my child and they said, you must go for your child.

And I went to Groote Schuur Hospital and I asked the doctors to please give me his milk to hand it in at the police station because he couldn’t tolerate certain foodstuffs he had to have this milk. The doctors gave me the milk and I said to the doctors, please the policeman are refusing to tell me where my child is, they said I must go and look for him.

And the doctors helped me to look for him, they phoned the various police stations and eventually they found him at Victor Verster prison and he was there for 14 days and he was sick because he still had a colostomy bag and he was there for 14 days. And then after 14 days I just saw that here was my son.

ADV POTGIETER

I am just wanting to take you back a little bit, I’ve allowed you to tell the whole story and now I want to go into - it’s in a little bit more detail. During the shooting incident in 1976, where was he injured, which part of his body, you can just tell us.

MS TITUS

Maybe he can show the public how badly he was shot.

ADV POTGIETER

Yes, but perhaps you should rather just explain to us where he was shot, which part of his body, in his stomach.

MS TITUS

Yes and he a lot of plastic tubes and he still has some plastic tubing in his stomach.

ADV POTGIETER

When you arrived on the scene, in Hanover Park where he was shot, was he still there on the scene?

MS TITUS

Yes, the man sitting next to the ambulance driver stood there with my son’s intestines in his hands, and he was - he was actually holding it and carried it into the ambulance.

ADV POTGIETER

Are you talking about his intestines?

MS TITUS

Yes.

ADV POTGIETER

And you say that he spent a year in hospital?

MS TITUS

Yes he was in hospital for a whole year. He was on a life support machine and a heart machine.

ADV POTGIETER

Now as a result of the wound that he sustained, how has it affected him, what is his condition now?

MS TITUS

Actually he suffers a lot he is more ill than healthy, he is really suffering. And the problem with his legs, that is why he has to use a stick, is not enough support in his abdomen.

ADV POTGIETER

The operations you mentioned, there were nine altogether.

MS TITUS

Yes, but the doctors at Groote Schuur told me that they couldn’t do another operation on him because if they had t o perform more, he’d die.

ADV POTGIETER

Now were these operations all to his stomach?

MS TITUS

Yes.

ADV POTGIETER

Has he ever worked - has he ever had a fixed employment?

MS TITUS

Yes when he was a child he did some work at the Counsel, but then they retrenched some people and he was also retrenched and he was still very young. And after that they didn’t really want him back.

After the incident he went to work for Snowflake in Salt River. And the employers there also explained that they couldn’t keep him on because if anything had to happen to him, during work hours, then they would get into trouble. So he did want to help me to give him a job, but they couldn’t.

And my husband only earned R90-00 at the time and we had a lot of children, so we really suffered. So it’s through God’s mercy that this child is still alive today. And the Catholic priest also assisted me a great deal. They were always support me, they took me to hospital in the evenings, mornings, afternoons.

ADV POTGIETER

Apart from the shooting, the wound to his stomach, anything else that was wrong with him after the incident?

MS TITUS

No.

ADV POTGIETER

And mentally?

MS TITUS

The doctor told me that he’ll never be the child that he use to be before the incident and he is a bit difficult now. He frigates with his clothes and his - he doesn’t remember to well, he is not quite normal like other children. So he is not quite mentally sound after the shooting yes that is so.

ADV POTGIETER

Now you say that after the incident, a policeman came to visit you.

MS TITUS

The policeman came to our house to apologise, he said that he was very sorry for having shot the child, because he also has a wife and children. ADV POTGIETER:

Do you know this policeman?

MS TITUS

No I don’t.

ADV POTGIETER

And you say that he was from the Philippi police station.

MS TITUS

Yes, but I must just tell you, his wife has a lot of trouble with him and I am really sorry because he is my oldest child, he has a wife and three children.

ADV POTGIETER

You say that after the incident he was taken to Court.

MS TITUS

Yes he was taken to Court. And the Magistrate said that he finds him guilty, but that he has already served his sentence. He is already been punished.

ADV POTGIETER

What was alleged in Court - what was the charge?

MS TITUS

No they didn’t - they didn’t say - they just said that they convicting him.

And you said that later you moved to Mitchell’s Plain is that correct?

MS TITUS

Yes.

ADV POTGIETER

And was he locked up again?

MS TITUS

Yes he was picked up one morning on his way to the shop and they picked him up. They said it was the State of Emergency, but that time of the morning it was 8:30 when they picked him up and they refused to tell me where he was. They told me I must go and look for him myself.

ADV POTGIETER

So they told you - he was picked up under the State of Emergency.

MS TITUS

Yes but it was 8:30 in the morning, and it was just because he went to the shop.

ADV POTGIETER

You say he spent 14 days in Victor Verster Prison?

MS TITUS

Yes.

ADV POTGIETER

And he was then released?

MS TITUS

Yes after 14 days.

ADV POTGIETER

He was never charged?

MS TITUS

You see something that makes me very sad is that night and day I couldn’t sleep, I worried so about where is my child and the doctors from Groote Schuur eventually found out where he was, they found him at Victor Verster.

ADV POTGIETER

What is his situation now?

MS TITUS

Sir actually to tell the truth, he receives a maintenance grant of R410-00 a month and out of that he must pay his rent, water, and his wife also receives maintenance. She has two credit cards that she must pay and she’s got three children to look after.

ADV POTGIETER

How do you feel about the shooting incident in which your son was involved?

MS TITUS

Oh! sir the child is still - still suffering as a result of it, he is really still suffering.

ADV POTGIETER

Is there anything else that would like to add or something, a request that you would like to make to the Commission.

MS TITUS

Yes well that’s why I am here today. I want to ask, you see they got a house, but they got nothing in it.

ADV POTGIETER

You say that he’s got three children.

MS TITUS

Yes.

ADV POTGIETER

How old are they?

MS TITUS

8, 7 and 3.

ADV POTGIETER

Is there anything else you’d like to add?

MS TITUS

I really just want to ask for assistance for them because financially really they suffering. They waited for ten years for a house, but he is still under medical treatment at the day hospital. He still receives treatment at the hospital.

ADV POTGIETER

Until this day?

MS TITUS

Yes and that’s why I brought the papers so that you can see he is still receiving medical treatment at the day hospital.

ADV POTGIETER

Thank you very much - is your daughter-in-law is there anything she would like to add? Oh! I just wanted to ask if there is anybody who wants to put a question - do you want to put a question.

UNKNOWN COMMISSIONER

When Johannes was shot, was anybody present, any eyewitness to this incident?

MS TITUS

Well my one little son went to look for him, because they wanted to eat the fish and he was 10 years old the other son and he just mommy, the only thing I could do - I just had to run because the boere they aimed the gun at him.

UNKNOWN COMMISSIONER

Was he the only child shot on that particular day?

MS TITUS

Yes he was the only child walking down the road.

UNKNOWN COMMISSIONER

Did you ever find out the policeman’s name?

MS TITUS

No, the policeman came to my house that night, he didn’t give his name.

UNKNOWN COMMISSIONER

Did you ever go to an attorney?

MS TITUS

Yes, I went to Mr Ebrahim and he represented him at Court.

UNKNOWN COMMISSIONER

And what was the charge when he appeared in Court?

MS TITUS

It was such a long time ago, the only thing I know is that the Magistrate just said you are guilty - I find you guilty, but you’ve already served your sentence and you’ve already been punished. That’s all I can remember.

UNKNOWN COMMISSIONER

And the name of the priest who took you to the hospital?

MS TITUS

I can’t remember, I just know it’s the Catholic Church in Hanover Park Avenue, it’s on the corner there, but I can’t remember the priest’s name, it’s too long ago.

UNKNOWN COMMISSIONER

Thank you.

CHAIRPERSON

Thank you very much, we very grateful that you came here today to pour out your grief. To reveal it to us all. We hope that we will be able to assist you in answering your questions and giving you some assistance. May I just ask that he shows the public where and how he was shot?

DR BORAINE

You are Ms Marilyn Titus?

MS TITUS

Yes.

DR BORAINE

[indistinct] to add something to the story, are you prepared to take the oath.

MS TITUS

Yes.

DR BORAINE

Would you stand please.

MARILYN TITUS Duly sworn states

DR BORAINE

Thank you very much.

ADV POTGIETER

Thank you Mr Chairman, madam you wanted to add something to the testimony already given by your mother-in-law regarding the circumstances - your own circumstances and those of your family is that correct?

MS TITUS

Yes.

ADV POTGIETER

You could go ahead and tell us.

MS TITUS

I just wanted to say that - that Johannes Titus has suffered a lot for the 10 years that I’ve looked after him, he has been more sick than anything else. He can’t tolerate food like other people and he lives on jelly, custard and ice cream. And he has to visit the doctors a lot and I have a house, no 10 Waterval Street in Mitchell’s Plain and I got the house two months ago and as you know rent is very high.

He receives R410-00 a month and I receive R991-00 a month, but the money which he receives he has to use to pay the rent ,water and electricity and I have to use my money to pay for food, clothes and so forth for the children.

ADV POTGIETER

Do you work?

MS TITUS

No I don’t work.

ADV POTGIETER

Do you receive a grant?

MS TITUS

Yes.

ADV POTGIETER

And also some maintenance for the children. How long did you have to wait for the house?

MS TITUS

10 Years.

ADV POTGIETER

Your children Ms Titus refers to their ages, could you just mention them again, how old are they?

MS TITUS

One is 8.

ADV POTGIETER

Are they girls or boys?

MS TITUS

The girl is 8, she’s at school, and the one is - the youngest is 5, turning 6 soon and that’s the middle child and the baby is 3 and that is a girl.

ADV POTGIETER

So you have two girls and a boy?

MS TITUS

Yes.

ADV POTGIETER

Anything else you’d like to add.

MS TITUS

That is all I’d like to say.

ADV POTGIETER

Thank you very much.

UNKNOWN COMMISSIONER

Thank you very much, I just want to ask, madam does your husband any special aids or do you look after him during the day?

MS TITUS

Yes I look after him but he is so often ill, he can hardly sleep.

UNKNOWN COMMISSIONER

How do you think the shooting affected him?

MS TITUS

It affected him a lot, he can’t remember things, his memory is very bad. And a very nervous kind of person and mentally he is not entirely sound.

UNKNOWN COMMISSIONER

Does he visit the doctor?

MS TITUS

Yes every month he goes to the doctor.

UNKNOWN COMMISSIONER

Any other questions - thank you very much.