Amnesty Hearings — Benoni — 1998-09-08

VICTOR SERRANO: Mr Chairman, Honourable table, I cannot understand why a bomb so powerful as it was described yesterday was placed in a restaurant which at that time in 1988 ...(indistinct), it was a little new South Africa of today.
	As I stated before I myself with my family we used now and again to go to Wimpy Bar to have a cold drink and so forth, and it was quite, I felt very good there because it's a very small place which incidentally I find very strange that police could meet there because we could almost hear the conversations in tables.  The tables were so close to each other that sometimes it was difficult to talk very loud.  
	Anyway, with a grandeur of people there of all races and even the waiters they're always so kind, always full of jokes.  In fact one of them is here today.  And now somebody, just for the sake perhaps of creating news to commemorate a specific day for a specific organisation, goes and places a bomb, a super limpet mine.  
	No, I'm sorry, that was done purely for sensation, maybe to show that yes, my unit is doing something.  Nothing can justify terrorism that kills and maims innocent people, particularly when the terrorists know very well what they're going to do.  I'll say even the motives presented by the applicants, I and my wife and my son, we feel that attack on Wimpy Bar was a senseless, coward, terrorist act which served no purpose at all, except to make news to commemorate a particular day of a particular party or organisation.  
	Jesus while he was crucified he said "Father forgive them because they don't know what they are doing".  Now you people, the applicants, they knew very well what they were going to do.  I have to be - all of us, we have to be very careful, if you allow me Mr Chairperson to mention this, you have to be very careful with Esmarie, my wife.  She never recovered.  My wife at any time can have a stroke and there is medical reports to confirm that.  
	My wife since that day, and because of the problems, the family, we're alone, we haven't got any other family in this country - incidentally I'm a South African citizen, thank you very much.  I became immediately a South African citizen because I was convinced that sooner or later something like the Truth and Reconciliation Commission which I always believed could do, could find, could go into the matter, and thank you, they are here today.  
	My wife has very high blood pressure and ...(indistinct), you cannot control that, blood pressure, and she has to take medicines every day faithfully because according to our doctors, and this can be proved, my wife can never recover, her heart is bumping, bumping at a very high rate.  So I cannot forgive him, I cannot forgive the applicants.  I'll never forget it.  Of course it is impossible to loose such a lovely person as my daughter was.  She had no political affiliations, and this will live with us forever.  
	It could be by accident that she was in a cross-fire.  There was no cross-fire in Wimpy Bar, there was nothing there.  If I am ordered to plant a bomb for a particular, in a particular place to address a particular group of people or person, I make sure that people or person are there before I trigger the thing.  That was not done.  So you see Chairperson, Honourable table, I cannot forgive you.

ADV STEENKAMP: Thank you Mr Chairperson that will be the evidence of Mr Serrano.
NO FURTHER QUESTIONS BY ADV STEENKAMP

CHAIRPERSON: Mr Koopedi have you got any questions?

MR KOOPEDI: No questions for the witness thank you.
NO QUESTIONS BY MR KOOPEDI

CHAIRPERSON: Thank you Sir.

ADV STEENKAMP: May the witness be excused Mr Chairperson?
WITNESS EXCUSED

ADV STEENKAMP: Mr Chairperson that will conclude the case for the victims in both the Wimpy and the Katlehong incidents where people were injured on whose behalf I've called these witnesses.  I thank you for your indulgence Mr Chairperson.  Thank you Mr Chairperson.

CHAIRPERSON: Mr Koopedi have you got any submissions to make before we adjourn?

MR KOOPEDI: I would ask for some indulgence.  I have prepared a closing submission to yourselves.  However I would ask for a few minutes to be able to see whether one incorporate the evidence that has come in today in the submission.  The adjournment I'm asking for should not be for more than 5 minutes.

CHAIRPERSON: Well maybe you can use the time that Mr Steenkamp is going to make his submission to decide what you want to amend.  Mr Steenkamp?

UNKNOWN: Mr Chairperson if I can make a short submission on behalf of the victims Mr Chairperson if you'd allow me.
	The basic case of the applicants were Mr Chairperson, that their political motivation was that they identified the Wimpy Bar as a legitimate military target because it was frequented by Security Police.  The view of the victims are Mr Chairperson, that first of all the applicants didn't make a full disclosure - at least on the evidence of the third applicant Mr Ndlovu who admitted when he planted the bomb there was no security personnel in the Wimpy at all.  The view of the victims are at that stage there was no ...(intervention)

CHAIRPERSON: That's not what he said, he said he did not see any.

ADV STEENKAMP: I mean he didn't see anybody.  The additional problem is Mr Chairperson that according to the victims they don't understand how attack on a civilian soft target like this could be described as a legitimate target.  It is still the view of all the victims in both these incidents Mr Chairperson that the applicants' application my not succeed, it must fail for the pure fact that they had difficulty to answer direct questions; they had difficulty to explain their political motive properly; they didn't make a full disclosure in the amnesty application which was originally presented before the Commission, although they submitted new statements.
	It's still the view of the victims Mr Chairperson that they are not in the position to accept the applications of the applicants as it stand at this moment, and to conclude their feeling is that they application of all the applicants must fail before this Committee.  As you wish Mr Chairperson.

CHAIRPERSON: It seems to me that the opposition to the application centres around the blasting of the Wimpy Bar restaurant.  What - have you got any submissions in respect of the other events for which application is made?

ADV STEENKAMP: Mr Chairperson as - appearing for the victims, I'm only appearing for the victims in the Katlehong and the Wimpy Bar incidents.  With regard to the other incidents Mr Chairperson, I don't have any submissions whatsoever.

SISI KHAMPEPE: But you as the Leader of Evidence Mr Steenkamp, notwithstanding the fact that there are no representations for the other incidents other than the Wimpy Bar, what is your view with regard to the applications in relation to the other incidents as they stand?  What is your personal view as the Leader of Evidence?

ADV STEENKAMP: Mr Chairperson I was actually coming to that.  My view is Mr Chairperson, to be fair to the applicants as well, that we were not able to oppose those applications at all on the pure fact that we could not submit any factual evidence to oppose that at all.  So my view is Mr Chairperson, that the evidence of the applicants as far as other incidences must go, must stand uncontested.  As you wish Mr Chair.

CHAIRPERSON: Judged on its own?

ADV STEENKAMP: Judged on its own Mr Chairperson, on the merits of the case.  I hope that will answer the question Mr Chairperson.

SISI KHAMPEPE: And do you think that having regard to the criteria, they admit the criteria set out in terms of Section 20 Sub-Section 3?