Amnesty Hearings — Cape Town — 1997-11-18

W RIAAN BELLINGAN: (Still under oath).

CHAIRPERSON: The Committee has now returned from an inspection in-loco of the scene of the killings and before I deal with certain things that were pointed out, I would like to express the thanks of the Committee and myself and
I as sure of everybody else who attended it, to those who arranged the inspection and, particular, to the members of the South African Police who took us there, brought us back and arranged the security.  I think we are all very gratEful to them for the manner in which it was conducted.  
	I would now like to place on record the notes I have made of what was pointed out and I will then invite the various representatives to add anything they wish to.  Firstly, I was handed at the scene an aerial photograph of the scene, which I think should become EXHIBIT B4, unless we are embarking on a whole new series of photographs.  I also took with me the sketch plan that was handed in and the key thereto and I would like, first of all, to record that I think it was agreed between all of us that looking at the sketch plan, the NY1 road runs from south to north and the NY111 runs from east to west and vice versa.  The NY1 is a two lane road, the NY111 is a single traffic concrete road  and they intersect where most of the action took place.  
	Now, on the plan, we were, sorry, we were, Mr Bellingan first pointed out the spot where they had been parked before anything happened, which appears on the aerial photograph, along the NY111 in an easterly direction after a large open space a road can be seen leading to the south.  He says they were parked on that road and after they decided to disperse, they drove down the road in a southerly direction, then turned in a westerly direction along the concrete road, on the photograph it shows it leading to a large crowd of people, they then turned right into the NY111, saw suspicious people standing in the bush at the intersection and turned right again into the NY111.  
	They then proceeded along that road for approximately 100 paces, indicated by him, to where they saw Maluleka.  He spoke to Maluleka who told him that the people were all present or rather warned him that the people were all present and also indicated to him that there were guns hidden in a blanket in the bushes to the north of the road.  He did not, at that time, go and look for the guns or see them or the blanket.  They then turned and proceeded in a westerly directly back to the intersection.  After they had driven about 40 paces, indicated, they stopped.  From there, he saw where a person was shot on the side of the road, that is point B on the plan, which was some 37 paces indicated from the point he said they had stopped.  There are other photographs available, setting out where point B is.  
	He also indicated where the man he shot was lying on the road and where the vehicle used by the victims or the terrorists, whichever you care to call them, was parked at the point marked H on the sketch plan.  The point he pointed out was identical to the point F on the plan and as shown in the photographs of a body lying near the white line in the centre of the road.  
	The next witness who pointed anything out was Mr Ronald Benting, who pointed out a spot in the northerly portion of the NY1, 15 paces from the intersection with the NY111, where he said he stopped in the vehicle he was driving which had school children in it.  He indicated where he saw a body lying on the road from where he had stopped his vehicle and the point indicated by him was near the centre white line, two paces to the north of the northern boundary of the NY111, that is if one follows it across.  It was in the NY, the body he saw was lying in the NY1, it was two paces above the boundary line, if it is, the boundary line is continued across the road.  
	We were also shown by Mr Mbelo where his car was parked, car he was in was parked and this accorded with point J on the plan.  He also indicated, approximately, where the man he shot was and this appeared to indicate with point, to agree with point K on the plan.  We were shown, but we did not go to the precise location, where the vehicle, marked M on the plan, driven by Kleyn had stopped and where there had been a hand grenade explosion.  This point would have been visible, as would most of them if there were not a crowd of people on the road at the time, it would be clearly visible from anyone along, travelling along NY111, could have seen over the intersection and down the other side of the road.
	At the time of the inspection, the points to the north of NY111 and to the east and west of NY1 had been heavily built up with squatter camps, but we have had, been shown photographs taken at the time, including the aerial photograph, which indicated that at that time these were open land that the, point to the left, to the west of the NY1 was largely open space, whereas that to the east of the NY1 was fairly heavily covered by young trees.  
	Those are, I think, the only notes I have made, if anyone has any further points they wish to add.

MR BOOYENS: We have got nothing to add, Mr Chairman.

UNKNOWN: We have nothing to add, Mr Chairman.

UNKNOWN: Nothing from our side, Mr Chairperson.

MS PATEL: Just one thing perhaps, honourable Chairperson, is what was pointed out also was the point at which Chris Pit, I think D on your map, where he was lying at the time.

CHAIRPERSON: In fact, it is pointed, it is not by one of the participants.

MS PATEL: All right, point taken.  Thank you.

CHAIRPERSON: Perhaps be recorded that making use of photographs that had been taken at the time which depicted where the body was, we were able to ascertain where it would have been.
	Right, do you wish to continue with your cross- examination.
CROSS-EXAMINATION BY MR B WILLIAMS (cont)

UNKNOWN: Thank you very much Mr Chairperson, members of the Committee.  Just a couple of aspects that I would like to come to, Mr Bellingan.  It may be convenient, since we have just been to the inspection, to deal with the question of the weapons that Eric Maluleka had mentioned to you.  Now, these are the weapons that are reflected in the photograph bundle at pages or rather numbers 56 and number two.  Number 56 and also number two.  I think number two relates, is the photograph of the blanket in the vehicle.  All right, Mr Bellingan, I see that you.

CHAIRPERSON: What photograph was it?

UNKNOWN: Mr Chairperson, it is number two.

MS PATEL: If I may be of assistance, the bundle that is being handed up of the photographs do not accord strictly with, I think, what Mr Williams is referring to.  I think he is referring to the set of photographs that was used at the inquest, but the photograph that he is referring to is in the back of the booklet that has just been handed out.

CHAIRPERSON: Well, what exhibit will this bundle that we have just been given be?

MS PATEL: Mr Williams, that is the tinier bundle that was handed out.

CHAIRPERSON: B5?

UNKNOWN: B5, your Worship, Mr Chairperson.  The photographs which I am referring to are, in fact, numbered two and they are numbered 56.  In the bundle that would be, number two would be the photograph at the bottom of the third page.

CHAIRPERSON: Yes.

UNKNOWN: That is the one photograph I am referring to and then at the back of the bundle, the last page is number 56.

CHAIRPERSON: Well, the photograph you are referring to, at the bottom of the page, is the photograph that has already been handed in as exhibit B2.

UNKNOWN: Sorry, it is very difficult to keep track of the exhibits that we have thus far.

CHAIRPERSON: The photograph above it of the car with the broken windscreen is B1.  Now, there is another photograph at the end of the bundle of some guns lying on a blanket somewhere in the veld.