Human Rights Violation Hearings — Beaufort West — 1996-08-12

MARY BURTON: Hello, Mr Molowitz.  Can you hear me?

MR MOLOWITZ: Yes

MARY BURTON: Can you sit closer to the microphone so that we can hear you well, please.  Thank you.  Before we start, could I ask you to stand and take the oath.
JAN MOLOWITZ Duly sworn states

MARY BURTON: Mr Molowitz, you have heard some of the stories that we've heard al ready this morning and you are also going to tell us of your experience with the kitskonstabels who was known to people as Spyker.  Will you tell us please what happened to you in July 1987.

MR MOLOWITZ: Yes, one the 11th of the 7th month 1987 my wife and I where on our way to the location.  I was taking my brother's gas stove back to him, which I had borrowed and my wife and I met up with five of these kitskonstabels and they wanted to know what was in this bag which I was carrying.
And I told them that it was a gas stove which I was returning to my brother - one which I had borrowed from him.   My wife was slightly upset and they started assaulting her and told me to leave.  I left her behind and went as far as my mother's house at 377 in the old location and I left the gas stove there.  And proceeded  on my way to a client who's hair I had to cut.
At this house on the corner, I found that they were busy beating this man's son - he was uncle Voorslag - and while we're watching, one of the constables, by the name of Vujani, wanted to know what I was doing there.
And I said  
No I'm just watching what you people are doing And I'm busy cutting people's hair.
He started assaulting me.  And I put my hand in my back pocket and took out the seizures which I used to cut hair and showed them to him.  But he continued beating me, but I said    
But you can see these seizures.
He stood back and I ran a slight distance and I stopped and said  
Look but you can't take the law into your own hands.  Take me to the police station - lay a charge against me - so that I can see which affiance I've committed.
And I heard a voice saying  
Shoot him, he is clever.  
But I did not pay any attention to that and said to Vujani   
Come take me to the police station.  
And I just heard a shot -  I then fell.  I had to push my intestines back into my body and somebody came with a blanket and threw it over my body and some more of these kitskonstabels came and one of them said  
Leave this dog, let him die.  
And I nearly did die and said not one of them must go to him.  Another person, well know in the black area, went to call Phasi and Phasi came and said to these ten kitskonstabels  
You can shoot me as well, but I'm not going to allow this man to die in front of me.
There after the police van came followed by the ambulance.  I then lost consciousness and came too in Tygerberg hospital approximately a month later.  I did not know anything that was going on around me.  I didn't even remember anything about myself.  Upon my discharge from hospital, a Warrant Officer Marks came to the hospital and said to me, yes, we do not play, we just shoot you people.  
I didn't answer him.
During the month of December he came to my house and wanted to know if I was going  to lay  a charge and I said  Yes, because I hadn't done anything.  
He then said that I should sign a letter. I signed it in my room and he said that he was going to send a  investigating officer to me to investigate the matter further.  Since December 1987 I haven't heard anything.

MARY BURTON: Thank you, Mr Molowitz.  There is one thing I want to understand clearly.  When the kitskonstabels were beating up this man, and when they asked you what you were doing, you showed them the seizures.

MR MOLOWITZ: When he assaulted me, I said to him   I told you that I am cutting people's hair 
And I used to cut some of their hair as well.  I then took the seizures out and showed them to him.  And he continued beating me and I said to him  You could see the seizures.  
And he jumped back and then I ran.  And then I ran a little distance, stopped and I said to him  Take me to the police station and charge me so that I can see what offense I have committed.
And I heard a voice say  Shoot him, he is clever  
But I didn't pay any attention to that.  And continued speaking to him and I just heard a shot and I was - I fell to the ground and had to push my intestines back into my body.

MARY BURTON: When you showed him the seizures, you were using that as proof  that you were going to go and cut hair.

MR MOLOWITZ: Yes, it is seizures used for cutting hair

MARY BURTON: You were not using them to threaten him?

MOLOWITZ: No.

MARY BURTON: The reason I'm asking you this,  is that in the statement that you made to us earlier - I think it's a typing mistake - it says that you shoved it to him. Not that you showed it to him.

MR MOLOWITZ: I did not threaten him.

MARY BURTON: Thank you, Mr Molowitz, for clearing up the question about the seizures and it was a pair of seizures, not  a hair clippers?   Is that right?

MR MOLOWITZ: I did not use any clippers.

MARY BURTON: I think that we are not quite - I think I'm not making myself clear.  I'm not talking about klippe - stones - but a pair of hair clippers, like they use in the barber shop.

MR MOLOWITZ: It was an ordinary  pair of seizures that also gets used at a barber shop to cut hair.

MARY BURTON: Thank you, thank you very much.  Now, since this happened to you - were whose serious injuries - you have not been able to work?

MR MOLOWITZ: No.

MARY BURTON: Are you receiving any disability grant ore a pension?

MR MOLOWITZ: Yes, I do get a grant at the moment.

MARY BURTON: And how is your health.  Do you still have to get a lot of medical  attention?

MR MOLOWITZ: Yes, I have to go to the day hospital from time to time for treatment, because I've been scared for the rest of my life.

MARY BURTON: And you still suffer a good deal of pain  and although we're glad to hear that you're receiving some medical treatment and some disability grant, we'd  like you to tell us how you are managing and if there is anything more that you want to tell to the commission.

MR MOLOWITZ: I am not happy because I cannot take care of my children like I used to. And some of my children had to leave school without matriculation.  Their futures are also damaged because of my shooting incident.

MARY BURTON: Would you like to tell us a little bit more about your children.  How many you have and how old are they?

MR MOLOWITZ: Two of them are married, two of them are still at school - Felicity and Collin - and as it is, when - they are eighteen years old, I - they will not be able to continue their studies because there wouldn't be any money.  They wouldn't get any money to continue their studies and the money which I receive is also far to little - far less than what I used to receive when I used to work.

MARY BURTON: Thank you.  I don't know if my colleges have any other questions.

CHAIRPERSON: Any further questions?

ADV POTGIETER: Mr Molowitz, you said that there was a Warrant Officer Marks that came to you.  And you signed something.  What did he say to you, what was that you were signing?

MR MOLOWITZ: He asked me if I was going to lay a charge and I said  Yes,  I would like to lay a charge.
And he said to me that I should sign that form and that he would send the investigating officers to me.  Now investigating officer  ever came to me since 1987, up until now - 1996.  Not one of them have since come to me.

ADV POTGIETER: So, you understood this paper that you signed, to be that you were going to lay a charge against the person who shot you.

MR MOLOWITZ: Yes.

ADV POTGIETER: Did you ever make any inquiries about that later?

MR MOLOWITZ: Yes, I did attempt to make some inquiries.  I went to Envy Esop and he said that I should come again and phoned an attorney - I don't know who it was - but Marks obviously told them that I had assaulted a kitskonstabel.