hrvtrans HUMAN RIGHTS VIOLATIONS, SUBMISSIONS QUESTIONS AND ANSWERS 1996-09-03 NELSPRUIT GEORGE BERNARD MAHLANGU 0960 https://sabctrc.saha.org.za/hearing.php?id=55278&t=&tab=hearings https://sabctrc.saha.org.za/originals/hrvtrans/hrvnel/mahlangu.htm DR BORAINE We are going to start straight away because you have a very important story to tell, not only the Commission but all the people. I ask you to speak up so that everybody can hear because they all have come to hear what the people have to say. I will ask Ms Sooka to take over from me now. MS SOOKA Mr Mahlangu before you begin with your story I have to ask you to take the oath. GEORGE BERNARD MAHLANGU (sworn states) MR LEWIN Mr Mahlangu I would like to welcome you again and to thank you for coming. You are going to tell us about an incident which took place in May 1985 I believe. MR MAHLANGU It was in May 1985, it was on a Monday morning, people from Pienaar came in large numbers because there were no buses at all to transport them. I was still at home washing, preparing myself to go, and at about 7:30 the people went to stand at the crossroads at number one filling station. As they were standing there they were now stopping everybody not to get into the buses. They were prohibited from getting into buses or taxis. I left my home because I wanted to hike to go to work and there was no ...(intervention) MR LEWIN Sorry could I just ask was it the police who were stopping people from getting on the buses? MR MAHLANGU No the people from Pienaar were striking because there was no transport. They said nobody should get NELSPRUIT HEARING TRC/MPUMALANGA 2 G B MAHLANGU into buses or taxis. And thereafter I joined them at 1 garage, filling station. At about something to nine or even nine o'clock, I can't remember because I didn't have a watch, a bus approached us driven by two White policemen. Some of the police were already present and they said people should get into the bus. People decided to run away, the ones from Pienaar and I was standing still waiting at the filling station. There was a petrol pump about 500 metres from where I was standing and while I was still waiting I heard gunshots. I can't remember who shot at me. It was either a Black or a White policeman. After being shot I was taken to the hospital. It was at Rob Ferreira Hospital. When I arrived there they drained blood from me. I spent one week in the hospital and I was released. The police were called. The doctor gave me a letter to go and be checked. I was still bleeding from the nose and from the mouth. They took me to the police station. They assaulted me and they left me. I went to the court of law and I was told to go to prison. I arrived in prison and I was given bail. Bail was R400,00. I was released and I wanted to get myself a lawyer. I got one. They were asked do you know the person who shot? The police said yes. The clothes that I was wearing on that day, I was wearing a polo-neck and a cream-white jacket, but they didn't say that, they said I was wearing another kind of jacket. I can't see what I am going to do in the future, they just destroyed my future. The work I used to do I can't do anymore. MR LEWIN Thank you Mr Mahlangu. If I could just ask a couple of questions please to fill out your story. Could you tell us, how old were you at the time? MR MAHLANGU I was about 36 years old. I think I was NELSPRUIT HEARING TRC/MPUMALANGA 3 G B MAHLANGU about 36 years old. MR LEWIN What work were you doing at the time? MR MAHLANGU I was spray painting and I was also doing panelbeating. MR LEWIN And could I take you back to this incident at number one garage, number one filling station, when the police arrived and told you to get on the bus and then you suddenly found yourself shot, were you doing anything, were you demonstrating at all? MR MAHLANGU We were many together with people from Pienaar, they said people should get into buses but people decided to run away, but I knew I was innocent and I decided to stand and I thought that I would get a taxi to go to work or even hike. MR LEWIN And then you were shot? MR MAHLANGU I was just shot. MR LEWIN Were there other people with you, alongside you who were shot as well? MR MAHLANGU No, people took different directions. Because I was innocent I stood and I was shot. MR LEWIN Then when you went to the hospital, in your original statement you tell us that you were actually chained to the bed, is that right? MR MAHLANGU That's correct. They used iron bars to fasten my legs. MR LEWIN Did they give any reason for that? MR MAHLANGU They said I was arrested and I should appear before the court of law. MR LEWIN Why were you arrested? MR MAHLANGU I do not know really. I do not know why I was arrested. They really arrested me for just standing NELSPRUIT HEARING TRC/MPUMALANGA 4 G B MAHLANGU while other people were running away. MR LEWIN And then when they charged you what were you charged with? MR MAHLANGU The counted two charges, the other one I was discharged. MR LEWIN What were the charges? MR MAHLANGU They said a car was dented on the side, I can't remember if it was on the right-hand side or the left-hand side, they said it was thrown with a stone. MR LEWIN And for this you got four years? MR MAHLANGU Yes. MR LEWIN But it was suspended? MR MAHLANGU That's correct, and I was released. MR LEWIN How long did you actually then spend in prison? MR MAHLANGU I spent two weeks in jail. MR LEWIN And at one point while you were being locked up or chained to the bed did you get treatment for your wounds? MR MAHLANGU I was treated the same day because I was really dying. MR LEWIN And was the fact that you had been shot by the police mentioned at all in the charge against you, in the case against you? MR MAHLANGU Yes it was a case against me that I had been shot. MR LEWIN And did they mention who was responsible for shooting you? MR MAHLANGU No they didn't tell me who shot at me. There was a White person in the court of law. MR LEWIN Could you identify him? MR MAHLANGU Yes I can identify him. MR LEWIN So if we come to you we can get names from you NELSPRUIT HEARING TRC/MPUMALANGA 5 G B MAHLANGU for that person? MR MAHLANGU I do not know his name, it was my first time to see him. MR LEWIN Was he a policeman? MR MAHLANGU Yes he was a policeman. MR LEWIN And could you now tell us, you are blind in your right eye as a result of the shooting, what other effects do you still suffer from? MR MAHLANGU Many things, because even my head has continuous pains, and the chest also. Sometimes I feel this bullet here. MR LEWIN So you were shot not only in the eye but also in your body? MR MAHLANGU The bullets were full on my face, on the head, at the back and the other one is still inside me, and I can feel it if I touch here. Even if you can take your finger and feel me you will feel the bullet. MR LEWIN And do you have treatment at all for any of these wounds now? MR MAHLANGU I ended up when I was taken to Johannesburg for treatment, that was the last time I got treatment. MR LEWIN And are you able to work? MR MAHLANGU Yes, I can work but at times I can't especially when the pains are attacking me. MR LEWIN And the last question, do you have a family Mr Mahlangu who are dependent on you? MR MAHLANGU I have children but I don't have a wife. MR LEWIN How many children? MR MAHLANGU Four of them Sir. MS SOOKA Mr Mahlangu I just have one question. You say that when you were in court the police told you that you had NELSPRUIT HEARING TRC/MPUMALANGA 6 G B MAHLANGU made a statement in hospital, but you also say in your statement that you don't remember signing any statement, can you tell me about that please? MR MAHLANGU I signed a statement, it was at the hospital. Because I was very ill, I think it was after three days when they arrived and they said I should sign and I signed. My head was injured, I can't remember what I said to them. MS SOOKA But they used that statement to charge you in court? MR MAHLANGU Yes they used the statement against me. But what I am telling you today is true. I don't know what they have said wrong in that statement. MS SOOKA Did you tell the magistrate that you didn't know what you were signing and that you were sick in hospital when they made you sign that statement? MR MAHLANGU I told the magistrate, I did tell him but I didn't have any chance whatsoever. And when they were asked do they know the person they shot they said it's not necessary for me to tell them because at Rob's Hospital the clothes that I was wearing were even written down, but now this grey jacket that they referred to was not present in the statement at Rob's Hospital. MS SOOKA You say that when you were at court you were represented by a lawyer, did you ever bring a claim against the police for shooting you? MR MAHLANGU The case was completed and I didn't know what to do thereafter and I left everything. But I was told that if I have money I should just carry on with my life and I didn't have money. MS SOOKA Who was your lawyer at the time Mr Mahlangu? MR MAHLANGU It was Mr Black. NELSPRUIT HEARING TRC/MPUMALANGA 7 G B MAHLANGU MS SOOKA Do you have the name of a firm for us? MR MAHLANGU He is an advocate from Johannesburg. I went to him through Majapilo(?). MS SOOKA Thank you. MS MKHIZE Mr Mahlangu in your statement you said doctors transferred you to an eye hospital but instead of being taken to the hospital you were taken to Nelspruit police station, tell us what actually took place because you were supposed to be taken from one hospital to the other? MR MAHLANGU I think I had been given a transfer letter by the hospital authorities but they called the police, because I had hoped that I was going to be released from hospital to go home but to my surprise the police were waiting for me outside. MS MKHIZE Can you please explain, was there cooperation between the hospital and the police? You have just said that you were transferred. You had a doctor's letter in your possession or did you have assistance from the nurse? MR MAHLANGU The hospital gave me a letter and they said the policemen should take me to the hospital, but the police took me to prison. DR BORAINE Mr Mahlangu we have listened to you very carefully today. As I mentioned to the audience earlier, it seems that in so many of these cases people are shot in the face, sometimes at school, sometimes at the bus stop, sometimes near the taxi, sometimes walking down the street and you've lost the sight of one eye and you still are carrying the marks of that injury that day. We are very pleased to hear that you are still trying to work even though it's very difficult because you have children to care for. We understand that you lost your job as well, so you NELSPRUIT HEARING TRC/MPUMALANGA 8 G B MAHLANGU have suffered not only physically and spiritually and mentally but also materially, in terms of losing a job and having to start all over again, and you are one of so many people whose lives have been damaged over the last 20, 30, 40 years. We thank you very warmly for coming. We hope that your health will improve. That you will be able to continue to work despite the fact that you have lost the sight of one eye. Thank goodness you can at least see with one eye. There are some people as you know who have lost both eyes. So use that and use it well and we will try and find out as much as we can. If we can trace Mr Black, the advocate, to find out exactly what happened and if we do of course we will come back to you and let you know. Thank you very much for coming. You may leave now.