Human Rights Violation Hearings — Tembisa — 1996-11-26

MPHILO JERRY NTULI: No.  Mr Mnisi is the only one who came to me who was a policeman who was handling my matter who came to discuss with me and advised me that I must sue the State.

MS MKHIZE: You have mentioned that the way you have been amputated was not done properly and you think you need further treatment, have you done anything about it till today?

MPHILO JERRY NTULI: No I did try and make some enquiry but they told me that they destroyed the documents relating to my amputation and they cannot help me.

YASMINE SOOKA: Mr Ntuli, on that particular day can you tell me where you were going to and how many of you there were when you were shot?

MPHILO JERRY NTULI: I was alone on my way to visit my friend Baseka who stays at Mashimu Street, that's where I got injured 500 metres from my friend's house.

YASMINE SOOKA: Were you shot in the front of your leg or in the back of your leg?

MPHILO JERRY NTULI: From the back.

YASMINE SOOKA: You also mentioned that there was another person in the vehicle that took you to the hospital, is that correct?

MPHILO JERRY NTULI: There were several people in the van, four to five.  Everybody was screaming of pain.  I don't remember how many were there but it was quite a number.

YASMINE SOOKA: Also you spent five days in the cells of the police station here at Rabasoto is that right?

MPHILO JERRY NTULI: Yes it is so.  Yes they took me with a van, one
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policeman whose name I don't remember, he was accompanied by a girlfriend in the police van. He was running about in the street and they dumped me at the charge office and that's where they locked me in.

YASMINE SOOKA: At that time when you were shot were you doing anything which could have led them to believe that you were attacking them in any way?

MPHILO JERRY NTULI: I was doing nothing.

YASMINE SOOKA: You never filed a criminal charge against the defence force at any time for this action?

MPHILO JERRY NTULI: No I never did.

YASMINE SOOKA: And you mentioned the name of a lawyer, did he file a claim on your behalf against the defence force?

MPHILO JERRY NTULI: He tried but I don't know how far did he go with the matter because he's always busy, you never find him even if you go and look for him.  That's when I gave up.

YASMINE SOOKA: You've mentioned in your statement that you are very bitter about the fact that you lost your leg, could you tell us a little bit about it, you say that you were a very good soccer player and that you had the potential to play professionally, could you tell us a little bit about that please?

MPHILO JERRY NTULI: I was playing soccer with my friends for a local club belonging to late Victor Mazebuka who is staying now in Sprayview.  We were youngsters.  We were playing for the fourth division and we won the league twice and the local clubs in Tembisa, even the Kings Palace they knew that we were dangerous soccer players although we were very young.  We were 19, 20 of age.  But we used to play with powerful soccer clubs.

YASMINE SOOKA: How old were you at the time when you were shot?
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MPHILO JERRY NTULI: I was 17 years old then.

YASMINE SOOKA: Do you receive a disability grant now?

MPHILO JERRY NTULI: Yes I do.

YASMINE SOOKA: Is that how you support yourself?

MPHILO JERRY NTULI: Yes, but I sell vegetables and fruit as well, but I have closed down my business at the moment.

YASMINE SOOKA: Do you receive medical treatment still for your leg?

MPHILO JERRY NTULI: No, I only go to repair the artificial bends in hospital but other than that no further medical treatment.

YASMINE SOOKA: We have also through our Investigation Unit we tried to get a copy of your hospital records and we were told by the Tembisa Hospital that they don't keep it for more than three years, do you have any documentation relating to your stay in hospital?

MPHILO JERRY NTULI: The only thing that I have is the card, it's the card that one presents when one goes to the hospital and nothing else.  It's just the blue card.

MS MKHIZE: Just one minor question, if you were such a good soccer player how possible is it for you to help other disabled people to maintain higher standards in sports, have you ever thought of that?

MPHILO JERRY NTULI: The thing that I loved most was soccer and the other sports I used to play was golf but it's very expensive to play golf, but soccer you cannot play when you have got only one leg.

YASMINE SOOKA: Mr Ntuli I would like to thank you for coming to tell us your story.  We have heard about the way in which this incident has changed your life.  In fact it spoiled it for any chances you had of achieving the dreams that you wanted.  We have taken note of the request that you have
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made and we will see what we can do about attending to them.  Is there anything that you would like to tell the Truth Commission?

MPHILO JERRY NTULI: What I would like to say is that because I am not working and just surviving on the disability grant it's not sufficient.  I just need some increase in my disability grant from the present government because I cannot even get married because I am not working.  No woman will ever stay with an unemployed man.  If the Commission could assist me perhaps financially.

YASMINE SOOKA: The Commission through its Reparation Committee is looking at different ways in which it can assist victims.  We will get back to you about your matter and our Reparation Committee has taken note of your circumstances and are putting forward a policy recommendation that they are making to Government in respect of reparation policy.  Thank you for coming today.