Human Rights Violation Hearings — Krugersdorp — 1996-11-12

CHAIRPERSON: Our next witness is David Smith.  David Smith.  Can you hear me Mr Smith.

DAVID SMITH: Yes, I can.

CHAIRPERSON: Welcome.  I realise from your statement you also come from Toekomsrus and it is almost on the similar lines that we have heard from Mr Stellenberg.  I shall now hand you over to Dr Randera.

DAVID SMITH: Thank you.

DR RANDERA: David, good afternoon,

DAVID SMITH: Good afternoon.

DR RANDERA: David before we, I am going to help you with your statement.  Perhaps before we get into that if you could just stand and take the oath.  If you will just repeat after me.

DAVID SMITH: (Duly sworn in, states).

DR RANDERA: David, you are now 42 years old.  Is that right?

DAVID SMITH: That is the case.

DR RANDERA: And you come from Toekomsrus and you are a Welder.  Are you still a Welder.

DAVID SMITH: I was a Welder.

DR RANDERA: What do you do now?

DAVID SMITH: I work in the Welding industry, but I no longer weld myself.  I am an instructor now.
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DR RANDERA: And you are married, you have children?

DAVID SMITH: Yes, I am married.

DR RANDERA: How many children do you have?

DAVID SMITH: I have three children.

DR RANDERA: David, tell me, and I think you should take your time.  We are going back to Toekomsrus in 1990.  We have already heard that there was a rent boycott.  You yourself say in your statement that there were riots taking place.  I want you, in your own words, to tell us what was actually going on, what was the atmosphere, how did these things come about and what happened to you particularly.  I know you have mentioned also, let me say, that you have mentioned some other people including Malcolm Carno who was shot and died, but you have also mentioned Johnny Collins and William Michaels, but I would like you to concentrate on what happened to you.  Thank you.

DAVID SMITH: It was the 18th of October 1990.  Early that morning, about six o' clock, we went to work.  At that time I was working at Steyn Miller here in this area.  After half past nine our manager came to us and said to us that he had heard over the radio that there were serious problems in Toekomsrus.  He then asked us that everyone who worked there who came from Toekomsrus should pack up and return home since there were problems at home.  We left work and went home.  I went with four of my colleagues who work with me in my car back to Toekomsrus.
 At the entrance to Toekomsrus where the big grounds are we were stopped by a Casper armoured vehicle who told us we could not turn right, but we had to turn left.  We went down Diamond Street and along the road, the road which we had to follow, I had to drop two of my colleagues in any case.  At 
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the second stop street in Diamond Street, this is where everything happened.  
 I wanted to turn right again since not far from this incident, only two streets away, was my own home and this road was also blocked.  We had to turn left again.  As we turned left three houses from that turning was the house of my friend Johnny Collins.  I decided to park at Johnny Collins' home and the first thing I then did was to ask Johnny Collins' wife whether I could use her phone to phone my own wife to tell her where I was since she might have been worried about me and about what had happened.  I phoned her and told her that I was at Johnny's house.  She then asked me why do I not try, I am so close to home, why do I not come.  I then told her that there was no way in which I could move my vehicle.  I had to leave my car at that place.  I stayed there at Johnny's place and I doubt that it would be more than a hour when outside.  We were sitting outside on the lawn.  Then we heard people shouting at the corner, Jones is shot, Jones is shot and he might be dead.  
 We then left the yard and a couple of steps further, not even ten steps from that yard, I was shot.  I was shot in my face, in my arms as well as through my lungs.  I fell down and shouted Johnny, Johnny help me, help me.  As Johnny and them tried to help me Johnny as well as William Michaels, Johnny Collins and William Michaels were also wounded.  I was then pulled away there by women.  I was confused, but I could hear them shout, he is so heavy and none of the men could come because they were also being shot.  I was then pulled back into Johnny's house.  Then I was in a state of confusion.  My brother was called and he brought me with my car to the hospital here at Leratong.  I 
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had not been at Leratong Hospital for long when I came to some degree of consciousness and my other brother came.  He told me that I was being looked for and then before being admitted I was taken away to the clinic in Johannesburg.
 As soon as I arrived there the doctors were already informed.  They immediately took me through to the theatre and I was there for 11 days.  This was at the Garden City Clinic.  I was at intensive care unit for one and a half days and 11 days in the clinic as such.  
 On the second day my wife came and spoke to me privately.  She told me what problems they were experiencing since every evening there would be a Casper armoured vehicle with a big light.  She told me that she tried everything, but they kept the light on our bedroom window since they were trying to see whether I was there.  I then asked her not to tell the people in which hospital I was.  I knew, in those times, if they were to find me everything would be finished.  
 I lost my job.  From the 18th when I was shot, it was only on January the 16th when I was able to return to work. This is from October.  Time and again I had to go back in since my most serious problem were my eyes.  One of the birdshot was embedded in my face, it is still embedded in my skull and has not been removed.  This is the cause of my eye problems.  I consulted a specialist who advised me to forget about welding works since it effected my eyes.  Everytime I weld I get a piercing pain right through to the back of my head.  My employers could not believe this and referred me to their own specialist to make sure if this was really the case because all those years I had given them very good service and I worked for them for 17 years.  I then had to 
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surrender my work.  In 1991 in September I had to finish my work there.  I was then let go and I had to return home unemployed.  For the next 17 months I had to continue receiving treatment which I had to pay for myself.  
 To get to the incident in Toekomsrus itself.  Three weeks prior to this incident a memorandum had been circulated or sent to the Town Council and there was a march to the Town Council in town.  The memorandum was handed over and this was all done in a peaceful manner.  I do not know, why on that particular day, the police carried on in the way in which they did.  I would imagined that they did so because they felt that they are the people who make the Law and therefore they could do as they please.  I do not know why I was shot.  All that we wanted was, after the people were shouting, we wanted to go and see what was happening.  I never actually got around to seeing what happened.  I never saw Jones' body because I could not make it there.  Just a couple of steps outside of the gate I was shot down without having done anything.

DR RANDERA: Is there anything else you want to add David?

DAVID SMITH: Not at the moment.  Maybe after questions I would maybe have something to say.

DR RANDERA: David, let me ask you some questions.  You say that three weeks prior to everything starting, there had been a memorandum, meetings with the Council, a demonstration.  Were you part of the Civic organisation in Toekomsrus during that period.

DAVID SMITH: No.