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Human Rights Violation Hearings

Type HUMAN RIGHTS VIOLATIONS, SUBMISSIONS QUESTIONS AND ANSWERS

Starting Date 05 June 1997

Location WITBANK

Day 1

Names MRS STAFNURSE MZWAKALI

Case Number JB2148

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+mkhize (+the +family)

DR RANDERA: Can I please call StafNurse Mzwakali. If the technicians are listening, wherever you are, is it possible to switch off the air-conditioning in this place? Mrs Mzwakali, good afternoon. Can you first of all introduce the people who are with you?

MRS MZWAKALI: I’m with my son and some of my neighbours.

DR RANDERA: Ma’am, thank you. Just feel comfortable, you don’t have to stand up.

DR RANDERA: Mrs Mzwakali, you are taking us to Witbank in 1985. You were shot in the left hand. We have you statement in front of us. Mr Malan is going to be helping you as you tell your story but before we do that, can you please stand to take the oath. Mr Lewin will help you.

MR LEWIN: Ma, if you could just stand please and swear that the evidence you give the Commission with be the truth, the whole truth and nothing but the truth, so help me God.

MRS STAFNURSE MZWAKALI: (sworn states)

MR LEWIN: Thank you.

MR MALAN: Good afternoon Mrs Mzwakali. Thank you for coming to us. I hope you can hear us clearly. It seems that the interpretation services is coming through to you. Is that correct? We have had your statement and we’ve read it. If you, in your own words could give us your interpretation of this again. Can you now hear the interpreters voice?

INTERPRETER: It’s not clear. She can’t hear anything.

MR MALAN: Can you turn up the volume for her and see if that helps?

INTERPRETER: There’s no sound.

MR MALAN: We are experience difficulties with these gadgets this morning. Something is clearly interfering. Can you hear us now and follow?

INTERPRETER: She can hear no.

MR MALAN: Thank you very much. Let me just again repeat what I’ve said. We’ve read your statement and we would appreciate it if you would take your time and in you own words, tell us what happened to you. You are speaking on your own behalf and the fact that you were shot. Will you please tell us the circumstances and share the event with us.

MRS MZWAKALI: I was on my way from work. Just after I arrived at the bus under the bridge on my way home, I could see from the park around the office that there were a lot of people and the police force, White policemen. There were a few Black policemen. The White ones had guns. Just before I could understand what was happening I hear the gunshots and people were running away. They found me on the second street, where I had fallen. Some boys took me and when I woke up I was at the surgery of Doctor Mteto. I’m not sure that it was Doctor Mteto, when I woke up I was at the surgery that is next to the supermarket but I’ve forgotten his surname. It’s Doctor Babe. Upon our arrival the Doctor told me that he won’t be able to treat me and I should be transferred to the hospital.

When we arrived at the hospital, I was admitted and stayed there for three months if I’m not mistaken. Upon discharge, I was transferred to Kalafong Hospital in Pretoria where I was admitted for between four and five months.

MR MALAN: Thank you very much, Mrs Mzwakali. A few follow-up questions. Just to get the record straight, in your statement you refer to the surgery of Doctor Mokoni next to the Kwantule Shopping Centre. This morning I heard you refer to a Doctor Mteto and a Doctor Babe. I just want clarity because if the names are going out into the open, we’re reflecting on professional people and I would ask you to be very cautious. Go back, think it over, decide exactly who it was and let us know rather than, at this moment in time, try to pick who really was involved.

MRS MZWAKALI: I’m not so sure that it’s Doctor Mokoni who was next to the Kwantule Shopping Centre.

MR MALAN: Can you tell us a little about the nature of the injury to your hand? It was only your left hand that you were treated for. Were you shot anywhere else on the body?

MRS MZWAKALI: It’s only the left hand that got shot.

MR MALAN: What was the nature of the injury? Do you have any further information for us? Before you start to respond I’ll tell you why I ask that. You say that you were in the Kalafong Hospital in Pretoria for three months sorry, in General Hospital and then another four months in Kalafong. Did I hear you correctly? Was that on a full time basis or was that going in and out for treatment?

MRS MZWAKALI: I was admitted full time at the General Hospital, then I was transferred to Kalafong where I slept for those given months. Thereafter I was undergoing treatment and training.

MR MALAN: And the nature? Can you describe the nature of the injury for us?

MRS MZWAKALI: They shot my hand and the doctor said the hand is injured and the bullets are still inside. They’ve not been removed. If it can happen that that they can remove the bullets then they’ll have to amputate my hand with those bullets remaining in my body.

MR MALAN: Can you use your hand to any extent to-day?

MRS MZWAKALI: It’s lame. I’m unable to do anything with that hand that is why I am no longer employed.

MR MALAN: Can’t you use it at all or can’t you pick up heavy stuff? What is the nature? Do you have no use? Is the hand totally paralysed?

MRS MZWAKALI: It’s totally paralysed.

MR MALAN: Just back to the incident on that day. You say you were coming from work, you saw the police and the people and you saw them running away towards you and you were shot. So you were just an innocent bystander, you weren’t involved at all? You were not politically involved?

MRS MZWAKALI: I was not part of the group, I was just coming from work. When I alighted from the bus I could see those people from a distance. Most of those people were White policemen who had guns. Within no time the gunshots started making a noise and then people started running away.

MR MALAN: Do you have knowledge of any other people who were shot on that day?

MRS MZWAKALI: I heard at the hospital that there were some people that were shot. There was quite a number of them.

MR MALAN: Do you know what kind of ammunition were they using? Was this a bullet that hit you or was it some other kind of ammunition?

MRS MZWAKALI: From my understanding it’s iron bullets.

MR MALAN: Was it a single bullet or was it a pellet from a shotgun or something? You have no specific knowledge of that?

MRS MZWAKALI: I’m not so sure but they just told me that it was the right bullet.

MR MALAN: Can you just lastly tell me, the circumstances on that day .............. (end of tape)

MRS MZWAKALI: I really don’t know what was happening but there was a state of dissatisfaction around the townships. The people were going to express their feelings.

MR MALAN: You have no recollection what it was about? Do you have some memories of their dissatisfaction?

MRS MZWAKALI: I’m not so sure but from what I could see there were just those demonstrations but I cannot tell what was happening.

MR MALAN: Sorry, I have no further direct questions. The Chairperson will take it over from here. Thank you very much.

DR RANDERA: Miss Mkhize?

MISS MKHIZE: Maybe if I can relate what the Commissioner has just asked, after you were shot, did you get any explanation? What type of explanation did you get from the community?

MRS MZWAKALI: The people told us that they were going to the park because they were informed that there was a meeting, a community meeting. That I heard after the whole incident.

MISS MKHIZE: Another think I want to ask is concerning your hand. You explained that it is already paralysed. Can you explain to the Commission whether you are able to dress yourself by using your hand or are you being assisted when getting dressed?

MRS MZWAKALI: I’m can no longer dress myself. I always have to ask someone to assist me.

MISS MKHIZE: Is there any medication that you are taking with regard to the harassment you experienced?

MRS MZWAKALI: I tried to get treatment from the medical doctors but they told me there’s nothing much they an do for me because I’m paralysed and the bullet is still inside but there’s nothing that can be done to take it out. During winter I always experience pains in that hand.

MISS MKHIZE: The Commission would like you to help them by showing them where the bullet is.

MRS MZWAKALI: The bullet is where he is showing you. It’s still inside.

MISS MKHIZE: As a person who was employed by the Government, did you receive anything after you got injured?

MRS MZWAKALI: No, I didn’t get anything.

MISS MKHIZE: How long have you been working at the hospital? How long have you been working as a nurse?

MRS MZWAKALI: Stafnurse is my name. I was not employed as a Staff Nurse at the Hospital. I’m just a domestic servant.

DR RANDERA: Thank you very much. Mrs Mzwakali can you please just tell us, and I don’t want you to mention the name of the doctor. Why did this doctor refuse to treat you? Sorry, can I repeat the question? I said at this time ... (interrupted)

MRS MZWAKALI: I really don’t know why the doctor refused to treat me. He just said no, my condition is serious and I should be transferred to the hospital. He refused to treat us.

DR RANDERA: Thank you. Is there anything else you wish to say?

MRS MZWAKALI: No, nothing else.

DR RANDERA: Ma’am I thank you for coming here to-day. In the last fifteen months we’ve heard of so many stories where people have been shot as they’re walking past a situation where there may be unrest, walking to the shops, standing in their gardens. Sometimes very fatally, sometimes left with disabilities as you have been left with. We’ve heard your story, we’ve taken note and we will come back to you. Thank you very much.

MRS MZWAKALI: Thank you.

DR RANDERA: I would like suggest that we break for lunch. Can you please leave your little boxes and headphones behind as you go for lunch. Thank you very much. We come back at two thirty.

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