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TRUTH AND RECONCILIATION COMMISSION
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TRUTH AND RECONCILIATION COMMISSION

DAY 2 - 11 JUNE 1996

 

CASE NO:&#9;&#9;&#9;CT/00637

VICTIM:&#9;&#9;&#9;REUBEN GALLANT

VIOLATION:&#9;&#9;SHOT AT CLOSE RANGE IN LEFT 

&#9;&#9;&#9;&#9;EYE&#9;WITH TEAR GAS 

TESTIMONIES BY:&#9;REUBEN GALLANT

&#9;&#9;&#9;&#9;SANDRA MOSS

 

MS SOOKA:

Reuben we want to welcome you and Sandra Moss to these proceedings. We know that your language preference is Afrikaans. Before you begin telling your story, we’re going to ask advocate Denzil Potgieter - a fellow Commissioner to administer the oath to you. Will you please rise.

 

REUBEN GALLANT&#9;&#9;Duly sworn states

 

SANDRA MOSS&#9;&#9;&#9;Duly sworn states

 

ADV POTGIETER:

Thank you very much, you may be seated.

MS SOOKA:

Reuben I want you to put the headphones on please because I will talk to you in Afrikaans but my Afrikaans is not so fluent, so sometimes I will switch to English, can you hear me? Would you briefly tell us about what happened to you?

MR GALLANT:

I’m Reuben Gallant and I live in Douglas. On the 9th of November 1990 I was at home - I was busy planting grass. It was between 10 and 11 in the morning when three police vans arrived at our house. My father, Benjamin Gallant was sitting in front of our gate and when the three police vans arrived my brother Isak came out of the house. And the policemen who jumped out of the van were known as Man Alleen and Venter. They were the two white policemen.

And they walked passed my father and they approached Isak, they wanted to arrest him. I walked up to them and I was busy planting the grass. I left my spade where I was busy planting the grass and I went up to them to ask them why they wanted to arrest my brother. And whether they had any documents or warrants to - to show what they were arresting him for. 

They didn’t answer me and then a fight erupted, my brother tried to break free and ran around the house. There’s a triangle - triangle behind our house and this shuffle continued until they reached this triangular part and Isak then broke free from the policemen and ran away. He jumped over the fence in the back of our yard and then ran away. And then I asked Venter, the Warrant Officer - I asked him once again what the reason was why they wanted to arrest my brother and at that stage Constable - his name is actually - his nickname is Man Alleen then said to him: Shoot the dog, kill him. Man Alleen then shot me or Warrant Officer Venter shot me. He used tear gas, he used a long shot gun and he tear gassed me and he shot me in my left eye and I fell.

I lost consciousness and when I came to I was in the police cells. I was full of blood, they told me that I’ve been taken to a doctor but I don’t know because I was unconscious. In the afternoon round about 5 o’clock they brought me here to Kimberley and - two white policemen brought me here but I can’t remember their names, unfortunately. And along the way they stopped and said that I must get out of the car because I’m making a mess with my blood all over the car. And then I lay on the grass, they were busy drinking something but I don’t know whether it was alcohol or cooldrinks.

And I lay there and then they came to and said carry on making a mess, you used to making a mess, here you are now lying on the ground. And when I regained my consciousness I was in Kimberley Hospital and after a couple of days my eye was permanently removed. And that is the condition in which I sit here today, my eye has been removed, I don’t know for how long I was there.

Before I forget, whilst I was in hospital, there was a policeman - he was guarding me, he was sitting at the door and it seems to me that they were scared that I would try and run away. And after a couple of days Detective Zepe came to fetch me from the hospital and he was supposed to take me to Douglas but on that day they first brought me to the cells here in Kimberley. And I was detained there with some other people and they treated me well.

&#9;On the next day I was taken to Douglas but we drove through Ritchie - this is a little town close to Kimberley and then I was taken to Douglas and detained. The charge brought against me was kidnapping and I don’t understand that charge. They couldn’t explain to me what this kidnapping was supposed to be and on the 24th of the 5th 1991 - I laid a charge against the Warrant Officer Venter but unfortunately the case was dismissed. The Attorney General decided not to prosecute. 

MS SOOKA:

Reuben can you tell me how old you were when you were shot?

MR GALLANT:

Well at that stage I was 18 years old.

MS SOOKA:

Were you still at school?

MR GALLANT:

Yes, I was still at school.

MS SOOKA:

Were you a member of the ANC?

 

MR GALLANT:

Yes, at that stage I was the organiser of the ANC Youth League.

MS SOOKA:

When the policeman said - shoot the dog - do you think he meant that the dog had to be shot or was he referring to you?

MR GALLANT:

At the time when Man Alleen told Venter to shoot the dog, I was very far away from the dog. I was about one - I was about 55 metres away from Venter and the dog was quite a distance away from me, so the dog and I were far apart.

MS SOOKA:

Please tell me was it a normal occurrence that the police would arrive and just come and arrest people?

MR GALLANT:

During this period - could you please repeat the question, I don’t understand.

MS SOOKA:

Is it usual for the police to harass young people like yourself who were members of the ANC?

MR GALLANT:

Yes, I think I can say that. Let me say that there was a particular family, they were the leaders in that community and the police would come to the various families - the Gallante, the Mfulo’s and the other families. But yes some times they would try and find my brother and then assault him.

MS SOOKA:

In the Attorney General’s report he says that the police told a different story. He said that you wanted to assault and attack the policemen. Is that correct?

MR GALLANT:

I don’t know, when I approached the policemen I was busy working with a spade to plant the grass and - but at that stage I’d already put aside the spade. If I had wanted to assault them, I would have assaulted them at the time that I went to the back of the house. 

And I knew there were - there were more than one of them, I would have - would have tried to assault them earlier on because if I hurt somebody then they know they - they’ve been hurt. It wasn’t my intention to assault them.

MS SOOKA:

Did you lay a charge against the police?

MR GALLANT:

Are you - do you mean did I actually lay a charge? Yes, and that - that is the case which the Attorney General decided not to prosecute, not to continue with.

MS SOOKA:

In your statement you say that the ANC also intervened and tried to revive the case. Can you elaborate on that?

MR GALLANT:

Yes, I went to the Youth Leagues offices and they referred me to a Mr Mark Fletcher and I went to Mr Fletcher to try and obtain the case documents, to try and find out how it had been investigated and so on. And he told me that if I wanted to carry on with the case, I must return to him but I never went back because I was financially not able to continue with the case.

MS SOOKA:

Now, did a private doctor ever examine your eye?

MR GALLANT:

No never been to a private doctor with my eye, the only eye specialist that I went to was when I had to obtain my marble eye.

MS SOOKA:

Can you tell us how the loss of your eye affected you?

MR GALLANT:

Well, I don’t actually know where to start to tell you. When I was still at school it was actually more than a problem then because I couldn’t read properly. If I tried to read then I would get a terrible headache the next day and my eye would ache and I was virtually living on pain killers and I never experienced the same freedom in my community, I couldn’t joke and talk like I use to. 

I am the Chairman of the ANC, I am still involved but it’s not the same as it was before. And sometimes you’d meet somebody and you’d see them actually sort or wiping over his eye simply because they - they noticed my artificial eye. It’s pure instinct for somebody to actually touch or wipe his eye and that really hurts me. And sometimes people would call me one eye, they - they didn’t actually mean to hurt, they would just make a joke but still it does hurt. And the loss of my eye actually - it’s very difficult for me to explain to you what it - what it meant to actually loose my eye. I’m struggling to explain it.

MS SOOKA:

Please tell me - I’m not trying to make it worse for you but if you could tell us before this time that you lost your eye, were you a sportsman, where you very active?

MR GALLANT:

Could you please repeat the question?

MS SOOKA:

Before you lost your eye, were you a very active person, did you like to play sports and could you tell us whether you’re able to do any of those things now?

MR GALLANT:

Yes, I loved sports. I was involved in sport, took part in sport and I played soccer - [indistinct] but after loosing my eye it’s very difficult to play sport like before because most of the time you only have vision on the one side of your face, you could see people for instance approaching from the left but not from the other side and then you can hurt yourself or them.

MS SOOKA:

Can you tell me whether your currently employed?

MR GALLANT:

No, I’m not employed at the moment and I’m still living with my father he supports me.

MS SOOKA:

Did Mr Fletcher ever tell you why the Attorney General declined to prosecute?

MR GALLANT:

It was written on the documents but from my understanding there wasn’t enough evidence to continue with the case.

MS SOOKA:

I want to read you something. We obtained this file from the National Peace Convention. I’d like to read you a letter from a Mr MA Fletcher and it says: 

I refer to the above and to my letter dated the 15th of December 1995. I wish to advise that I have received a copy of the docket relating to the incident where in you were shot. I wish to advise that I have read all the statements in the particular docket and it appears that the investigation undertaken in this regard was a full, fair and complete investigation. 

Having regard to the statements included in the particular docket it appears that there were opposed versions. That of yourself and your witnesses and of the policemen involved in the incident. It appears that the Attorney General elected to except the version of the policemen. And in a letter dated the 8th of July he refused to prosecute.

A copy of the Attorney General’s letter is enclosed for your information.

It would seem as if [indistinct] so many witnesses came forward on your behalf that because the policemen’s versions said that you were trying to attack him with a spade and because there were two different versions on his file, that he then declined to prosecute. Did they explain it to you like this? Did they explain to you why the case was not continued with?

MR GALLANT:

They did not.

MS SOOKA:

I see, Reuben can you tell us what you expect from the Truth Commission?

MR GALLANT:

I don’t really know how to say what I expect and what ever happens I will always have this pain with me. The thought that will always remain with me and always haunt me as to know that - well everybody thinks of the future and to think that in 30 years time the person who shot me will still be able to see but I have lost my eye. It’s no use saying the Truth Commission does this or that or the other, whatever the Truth Commission can do can never still my pain.

&#9;So all I can actually say is that I don’t know whether the Truth Commission accepts the investigation done in my case was correct or not. Was it a fair investigation, was it even-handled. It the Truth Commission could - could go into that - was my case properly handled or not. And the shooting, was it actually necessary to shoot me because I know for a fact that I didn’t have a spade in my hands and I didn’t intend to assault anybody. 

MS SOOKA:

Thank you Reuben, thank you for what you told us. We will try to investigate to try and find out whether the investigation was done properly and regularly. I think we really have a lot of sympathy for your plight. We feel your pain and I really hope that we’ll be able to do something to help you to try and alleviate your - your lot. Thank you for sharing your story with us.

UNKNOWN:

The speakers microphone is not on.

MS SOOKA:

Before I ask the other Commissioners to ask you questions, I just want to take the witness of your friend over there please. Will you stand so that the oath can be administered to you please. I am sorry I forgot that you already sworn the oath, would you please be seated. 

Sandra would you please tell us what you remember of the events on that particular day.

MS MOSS:

That day I was busy washing windows and when I saw the three police vans arriving I called my sisters and I told - or I asked them what are the police doing in the township but we didn’t take much further notice. We didn’t realise what they were trying to do and then they drove around in the street and they - when they came to our street, they went to Reuben’s door and Isak was outside at the gate and Reuben’s father was underneath the - standing underneath the tree. And Reuben was busy planting grass. 

&#9;A policeman called Isak but Isak didn’t want to go and Reuben said: What did Isak do, why are your calling him. And Isak then came and stood next to his father under the tree and the policemen jumped out of the van and they gave chase. And one of them caught Isak and Isak broke free and ran away.

Three policemen gave chase - two white men and one black man - and three policemen were left standing in front of the house. And Isak jumped over the fence, two were standing behind and Reuben once again asked the two white policemen what did my brother do. First tell me what’s he done, why do you want him.

&#9;None of them answered him and the one policeman then caught Isak and came back with him and when he came back with Isak, the one policeman said to the other one: Shoot this dog, kill him. But Reuben wanted to catch the dog and the one policeman with glasses wanted to shoot Reuben and he actually did shoot him and then he said: Look there’s the Englishman lying on the ground, and then they left Reuben. And then the children confronted them in the street and said to them: But you’ve shot him, you’ve killed him are you just going to leave him there? And then two black men came and the picked Reuben up, put him in the van and they left.

MS SOOKA:

Please tell me when the policeman said: Shoot the dog did he - was he intending Reuben or the dog?

MS MOSS:

No, Reuben was very far away from the dog at that sage. Reuben wanted to free the dog but then he shot - the policeman shot Reuben and Reuben fell down on the ground. We thought Reuben was dead and when they picked him up we saw his face was completely red with blood. And that’s what happened.

MS SOOKA:

And they wanted to run away?

MS MOSS:

Yes.

MS SOOKA:

Did you speak to the police, did you give them a statement at any stage?

MS MOSS:

The police came to fetch us to give statements but they never did anything more, we were never taken to court for any court proceedings or anything like that.

MS SOOKA:

So you just gave one statement?

MS MOSS:

Yes.

MS SOOKA:

Now, tell me - I forgot to ask Reuben but the policeman, Man Alleen, what is his real name?

MS MOSS:

I actually can’t tell you, I don’t know but I know the one with glasses - I don’t know his name but I know him. I would be able to point him out.

MS SOOKA:

But both these policemen weren’t strangers to you?

MS MOSS:

No.

MS SOOKA:

Thank you. 

UNKNOWN COMMISSIONER:

Reuben we’ve heard that you said in your evidence that your evidence of what happened that day wasn’t accepted by the Attorney General and you’ve now said that you - you don’t know whether the Commission accepts your version and your evidence because the evidence is now already been rejected by the Attorney General.

But I would like to just explain something to you and that is the Commission isn’t bound by the Attorney Generals findings or any findings made by the police. We do our own independent investigations of the cases that come before us and we try and obtain any relevant documents from the police or any other authorities but we are not bound by it and we do our own investigation. So it’s important to know exactly what the circumstances were during the events so that we can form our own views as to what to do with you - with your case. So I’d like to ask you a few questions to clarify. This incident took place in Douglas, is that correct?

MR GALLANT:

Yes, it took place in Douglas.

 

UNKNOWN COMMISSIONER:

And that’s where you lived?

MR GALLANT:

Yes.

UNKNOWN COMMISSIONER:

Now, the day before the shooting incident it seems as if there was an incident involving a policeman, Steven Mbushwa, is that correct?

MR GALLANT:

Yes, that’s correct Mbushwa.

UNKNOWN COMMISSIONER:

Could you please explain to us what happened?

MR GALLANT:

Well as the organiser of the Youth League a Father Punja-Punja came to us and he had a complaint because he rented the little building in a women’s backyard and this women evicted him - she told him to leave. Now the problem was that he’d already paid his rent for the month ahead and the following month. 

So this women told the policemen to come and evict Punja-Punja and when we went to this women to try and find out why she’d evicted the Father and why she wasn’t returning his rent, then she said no she wasn’t going to speak to us. She would only speak to Jessie Barnard. &#9;So we went to Jessie Barnard to try and get him to come and tell the women to return the man’s rent and to allow him to stay. But Barnard didn’t want to speak to us and we went to his house and we came back with him.

Now, to get to this women’s house, we had to pass the beer hall and when we passed behind the beer hall a policeman, Steve Mbushwa arrived on the scene and he wanted to disperse us. And we were quite a sizeable group together and we were singing and walking passed the beer hall and then the sort of roughly intervene and tried to - to disperse us. And some of us said: No, you can’t do this, you must rather talk to us. And that is when he started shooting at us and we - we threw stones at him and he ran away and we also ran away - we dispersed. And Jessie Barnard - Steve Mbushwa then went home.

UNKNOWN COMMISSIONER:

Was your brother also present during this particular incident?

MR GALLANT:

I can’t remember, there were too many of us. I can’t tell you whether he was there or not.

UNKNOWN COMMISSIONER:

And it was the very next day that the police arrived at your house, looking for Isak?

MR GALLANT:

Yes, according to their statement they were looking for both myself and for Isak but they actually went up to Isak and that is why I confronted them to try and find out why they were trying to arrest him.

UNKNOWN COMMISSIONER:

Did you think that it had anything to do with the incident on the previous day?

MR GALLANT:

No, I don’t really know, there was no violence. It was just the policeman who started making trouble and then he was met with trouble. That’s all that happened.

UNKNOWN COMMISSIONER:

You said that you asked the police at some stage why they were trying to arrest your brother. Did they mention any reason?

MR GALLANT:

No, they had no warrants, nothing.

UNKNOWN COMMISSIONER:

Eventually the police charged yourself as well along with some other people and your brother but you say that they weren’t looking for you on that day. They didn’t arrive there to come and arrest you?

MR GALLANT:

No, you see I was part of the people’s struggle and that’s why I can’t say that they weren’t looking for me because according to their statement they were also looking for me. According to their statement it says that they went to the Gallant household to try and arrest both Isak and Reuben.

UNKNOWN COMMISSIONER:

Now, perhaps I can just mention something to you because we take all these facts into consideration. We received a conflicting report from somebody - a member of the police regarding the complaints and the charges laid against you. On the one hand they said it was a robbery case made against you and on the other hand they said it was a kidnapping case made against you. But - now what charge did they actually bring against you.

MR GALLANT:

Well, this charge of kidnapping.

UNKNOWN COMMISSIONER:

Did they ever explain this kidnapping charge - did they explain to you who it was that you were supposed to have kidnapped?

MR GALLANT:

No, they didn’t.

UNKNOWN COMMISSIONER:

Why would they have mentioned a kidnapping charge?

MR GALLANT:

Well, we never kidnapped anything. Jessie Barnard came with us to go and talk to the women, the landlord but at that stage we had the policemen guarding the houses. Now Jessie Barnard worked for them first and then after the change in Government then they became part of the SAPD. 

&#9;Now - but the people regarded them as the bar policemen and that is why we went to Jessie Barnard because he had to come and speak to this woman, the landlord regarding this man she had evicted. And that’s why we went to him.

UNKNOWN COMMISSIONER:

But now what - what is your comment on this charge of kidnapping. Let us take them both because the police seem not to have made up their mind whether it was kidnapping or robbery. What is your comment? Is there any basis for any of these charges?

MR GALLANT:

No, these are trumped up charges - it’s false. We were - we were found not guilty on these charges. It’s actually deformation - these charges.

UNKNOWN COMMISSIONER:

Did any witnesses testify against you in court to say that you kidnapped him?

MR GALLANT:

No, the policemen who came to court spoke such different stories gave such conflicting versions that the - the Magistrate couldn’t find for the police.

UNKNOWN COMMISSIONER:

It’s a very confused version that the police gave. Now a last point as Commissioner Sooka explained to you. The police alleged that the police acted in self-defence because you assaulted him but now how many policemen were there on that particular day - how many vans arrived at your house?

MR GALLANT:

There were three vans, there were about six policeman - no fewer than six.

UNKNOWN COMMISSIONER:

Were they all armed?

MR GALLANT:

Yes, they were armed.

UNKNOWN COMMISSIONER:

Thank you Reuben.

ADV NTSEBEZA:

Did you ever file a civil claim against either Venter or the Police General or the Minister of Police for your injuries? 

MR GALLANT:

I did - I only make a case against the police, that’s all. I didn’t put any civil case in.

ADV NTSEBEZA:

You can reply in Afrikaans.

MR GALLANT:

I only made a case against this policeman - this Venter, that’s all I did.

ADV NTSEBEZA:

[indistinct] hired a lawyer to prepare civil claims against either Venter or the Minister of Police? Or you never were represented by a lawyer to claim money for your damages - for your eyes that you - got lost in the [indistinct] 

MR GALLANT:

No, I never went to an attorney, I did ask the attorney who represented us - I never claimed any damages from the police, no.

UNKNOWN COMMISSIONER:

Thank you Reuben, as we said we will try and find out what actually happened and why the Attorney General declined to prosecute in this case and we will try and find out and we will get back to you. We’ve already started investigating all the cases and the evidence and we really hope that we’ll be able to be of assistance. Thank you for your evidence, thank you Sandra.

 

