&#9;TRUTH AND RECONCILIATION COMMISSION

&#9;UWC HEARING - DAY 3 - WEDNESDAY 6 AUGUST 1996



CASE NO:&#9;&#9;&#9;&#9;CT/00313

VICTIM:&#9;&#9;&#9;&#9;RICARDO LEVY [son]

NATURE OF VIOLENCE:&#9;&#9;SHOT AND KILLED BY POLICE

TESTIMONY FROM:&#9;&#9;HILDA LEVY



CHAIRPERSON: Thank you, we would like to listen to the last case of this session and I call Ms Hilda Levy to come to the stage please.

HILDA LEVY:&#9;&#9;&#9;Duly sworn states

MS BURTON: ... that he wouldn't be with you, but it's good that she is there to be your briefer.You've come to tell us about the death of your son Ricardo whom you use to call Bollie, and just to remind ourselves that he died on the 6th of September 1989 which was a time when there was widespread protest and resistance against the elections for the tricameral parliament and during those days there were about 25 people who were shot dead and many hundreds who were injured.Among the dead were several children and one of them was your son.So we want you now please to tell us in your own words about what happened on that day. --- I am Hilda Levy, I live in Kalksteenfontein.On that day the 6th of September 1989, my sister and I were standing in front of our house, my son who we - I use to call him Bollie, well they were playing in front of our gate.It was himself and his brother and sister.There was a fire was burning in the road, people were burning tires in the road and of course they were curious to see what was happening but the road was - how could I put it, it is actually quite a distance away from the house, quite a distance away from the house and I wasn't that concerned.I thought well they were just playing in front of the house, it would be all right.And I was standing there, my sister and I, we were standing there and the children was playing quite safely at the gate.And I - remember I asked my sister why are my eyes burning and Bollie came back from the gate and he came and he stood right in front of me and he said to me, mom they firing tear gas, there is tear gas somewhere you better go inside before our little baby is harmed, because at that stage I was eight months pregnant.He was worried about me, and little did I know that he would be the victim.I then stood there and watched what was going on, but I became very thirsty and I then went to the back of the house because our tap and the toilet was - they were behind the house and I got a little bit of water to drink.And as I was drinking the water I heard shots being fired.And I ran, and I ran into the back door and my daughter who was 13 years old, came running and she collided with me and she told me mom, Bollie has just fallen.I said to her why doesn't he get up, what's wrong with him, why doesn't he get up, she said to me mommy I don't know but there is blood oozing from his mouth.I ran to the gate and I saw my child lying in there, I just turned around and ran back into the house and I was screaming.My sister came running out, she grabbed a blanket and the neighbour picked up my son and put him in his car and they went off to the police station.My sister can't really be here today because her boss won't give her time off, when they got to the police station, the policeman - the neighbour didn't have enough petrol in his car to take him to the hospital and that's why they first had to go to the police station, so that the police could actually take him to hospital.Their answer at the police station was you can get him to hospital yourself and they fortunately made it to the hospital with the amount of petrol that they had.When they arrived at the hospital, they picked Ricardo up and they put him on a bed, on the hospital bed, the doctor examined him and said that he was sorry but there was nothing more they could do.He was wounded in his mouth and the bullet actually lodged in the back of his neck.I was waiting at home, I was waiting for my sister to return from the hospital, but I was anxious and I started experiencing pains, and I sat waiting for my sister, I didn't even know that what happened.When my sister came home she said sister there was nothing more they could do for Bollie he's gone.And then I became ill and they rushed me to hospital, they admitted me to hospital and I stayed there overnight and the next morning I came home again.I wanted to come home because I wanted to go and identify my child's body.That morning when I came from hospital I first went to the school he was in std 4 at school, he was 11 years old at Montana Primary School.I went to the principal and I told him that Ricardo had died, then my sister and I went to Salt River mortuary, and I identified my child there.I asked them where he's clothes weren't there the police still had his clothes.And I said but why did the police have his clothes it should be here at the mortuary and they said no that they didn't know why the police took his clothes.We then went home my sister and I and then we wanted to go to the police station to make a statement.The people arrived at home then just as we left the door people arrived and they asked me whether I was Ricardo's mother and I said yes.I then asked them who they were and they told me they were members of the ANC.I am not politically involved, I am not really I don't know much about politics and they told me that I shouldn't go to the police station, we then went to Athlone to Essa Moosa's offices and there I told them what had happened.They wrote everything down - everything that I have just told you and thereafter I just stayed at home because I really didn't know what was going on, I couldn't go to the police station, I was confused, I didn't know what I was suppose to do.One day a big white man came knocking on our door and he told me that he was Captain Segal, but the man was so rude, he asked me what happened to my son.I said I got nothing to say to you, because this person was really very rude and I was actually a little bit afraid and this person then left, he went out of the house.But anyway the Monday we buried Ricardo, people really helped me a lot, the ANC has supported me a lot they really assisted me and I thank them for that.One day a black man came to my house, he introduced himself to my mother and myself, but I can't remember his surname but he said to us - said to me Ms Levy you have to appear in the Parow Court.And the person who murdered - who killed your child is Samuel John Swartz he is from the Springbok Police Patrol.We then went to Court and I went into the court room it was my mother, my sister and myself.They then called Samuel John Swartz and afterwards they asked is Ms Levy in Court would you please stand and I stood.The policeman then told me that I had to ...

SOME EVIDENCE IS LOST BETWEEN THE END OF SIDE A GOING ON TO SIDE B

...to me that my child had not even been involved in any rioting or anything he was just playing at the gate.I just turned my back for a moment and the next moment my child was lying on the ground.I got a card from the postman, it said that I had to go and fetch something from the Guguletu police station, I asked my neighbour to take me there to the police station.And I think that was about a year or so after Ricardo's death and then we went to fetch this little box at Guguletu police station and it contained his clothes.When I took out his clothes from the box his clothes were scorched, his trousers, jersey all scorched.And I asked my mother by why - why would his clothes be scorched, burnt, when they removed him here from home there was nothing wrong with his clothes, why would it be in this condition now.What does an 11 year old child know about rioting and stuff like that?That really hurt, it still hurts.And the worst of all is that I will never ever forget Ricardo, the 16th of December and on the day that Ricardo died, I - it is almost as if that day means absolutely nothing to me because on that particular day, his birthday, and it's also my mother's birthday on that day, I feel really hurt.It's hard for me to talk about my child.

MS BURTON: Thank you Ms Levy we can really feel how much you still mourn for him and how many unanswered questions there are for you about why this should have happened.I can only say that there were other people who suffered the same loss at that time and certainly does seem very-very hard when he was just a child playing in your garden.We have a very lovely photograph of the children at his school carrying the coffin at his funeral, have you got that photograph. --- Yes.

&#9;The principal commented about what a promising child he was, so we can well understand that you and his family and friends still miss him a great deal.You have told us that the person who shot your son was identified and convicted and that you feel very - that he was given a very short sentence for what he did.You also talked about the way that you were not allowed to remain in Court during the inquest hearings and you must of felt very -very bad to have been excluded as you say luckily your mother and sister were there.We've taken note of the information that you've given us and our investigating staff have followed up on the details.Is there anything more you would like to say or any questions you would like to ask us.--- I would like to say that I am alone I have four children, in 1992 I lost their father he also died, he was murdered and his murder still hasn't been apprehended and I've been left behind alone with four children to raise.And I have a grant from the Government and I don't work I am a housewife.I would like to know whether something can be done about Springbok Patrols.

&#9;We - we will take note of that and see what we can do to follow it up.I have no further questions.

CHAIRPERSON: Ms Levy just one question, you were eight months pregnant when this happened. --- Yes.

&#9;And you told us that Ricardo was concerned about you and your unborn baby. --- Yes.

&#9;What happened with your pregnancy as a result of this incident? --- Well I nearly lost the baby as a result of this, because my blood was pumping properly and after Ricardo's funeral I was kept in hospital and I then gave birth by means of cesarean section.

&#9;So you gave birth prematurely and the baby had to be born by means of a cesarean. -- Ja.

&#9;Is this as a result of your condition due to the shock of your son's death? --- Yes.

&#9;Thank you Ms Levy, you want to make some closing remarks Mary, thank you.

MS BURTON: Once again Ms Levy to thank you very much for coming today and for coming to make a statement to us and we have taken note of what you've said and your families needs and we will do everything that we can to see ways in which you may be helped. Thank you very much. --- Thank you.

CHAIRPERSON: Thank you Mary.



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