Amnesty Hearings — Johannesburg — 1998-04-15

MICHAEL BELLINGAN: More or less, Mr Chairman.

ADV BOSMAN: What I find peculiar, Mr Bellingan, is that a woman who makes a will to put monies in trust for her children, I find it puzzling - and the amount is
R10 000, well-knowing that she's got a policy which, if I recall correctly, amounted to R144 000, that she did not take the necessary precautions, because she was obviously assisted by a legal representative, to have these monies safely and securely in the trust fund.

MICHAEL BELLINGAN: There was a lot of my discretion involved as well, Mr Chairman, and discussions about what happened to that money.  It did not form part of Janine's estate, as someone rightly pointed out earlier.  The only thing that fell part of Janine's estate was the 10 or 11 or R12 000 or whatever it was.  I think the money is still in the trust with Bowens, that particular amount of money.  The other was really to a large extent up to myself.

ADV BOSMAN: But Mr Bellingan, I don't want waste time but this is important to me.  The bulk of the money went to you and not into the trust.  Now you say that you and Janine had a lot of discussions about it, about what exactly, about the policy?

MICHAEL BELLINGAN: No, Mr Chairman, only about the potential guardianship of the children, that is all.  She wasn't happy with the fact that I had unilaterally, when we arrived at the bank to complete this form, she wasn't happy with that and we were in a hurry, it was a small thing.  My reasoning then was the fact that my mother is the youngest person of the four grandparents and that statistics show that the youngest woman will live the longest, so it's the logical thing to put her name down.  Janine wasn't happy with that.  It's only in that context that the discussions took place, nothing about policies or anything like that, Mr Chairman.

ADV BOSMAN: But you do agree that it is peculiar that she would make provision for the children specifically, in a legal representatives office, and then omit to ensure that the major asset being the insurance policy, is paid into the trust fund for her children?

MICHAEL BELLINGAN: I'm not sure what Janine's reasoning was about that.  I never formed part of the discussions that she had with Bowens at the time, Mr Chairman, I don't know what the detail of that discussion was and ...(intervention)

ADV BOSMAN: Mr Bellingan, I don't expect you to know the details, but could you tell me, who was named as beneficiary in the will? - because the will obviously was not paid into the estate.

MICHAEL BELLINGAN: The children.

ADV BOSMAN: Of the insurance policy?

MICHAEL BELLINGAN: ...(inaudible)

ADV BOSMAN: ... insurance policy.

MICHAEL BELLINGAN: ...(inaudible)

ADV BOSMAN: Yes.

MICHAEL BELLINGAN: Of the insurance policy, if I'm not mistaken I was the beneficiary.

ADV BOSMAN: And you did not know about this?

MICHAEL BELLINGAN: No, I didn't know about that.

ADV BOSMAN: And your father went through your deceased wife's documents a couple of days after the funeral without you having instructed him to do so?

MICHAEL BELLINGAN: Yes, it's more or less how it happened, Mr Chairman.  I didn't instruct him, we may have discussed it.  He may have asked me;  should I take care of things.  There were a few things he was doing for me then while I was at work etc., etc.

ADV BOSMAN: Were you surprised by this windfall?

MICHAEL BELLINGAN: I don't recall what I felt about it, Mr Chairman, it wasn't something which at the time I, I had a general emotional numbness, it wasn't something that I suddenly felt elated by or anything like that.  It's not something that made an impact upon me at all, Mr Chairman.

ADV BOSMAN: Just one more aspect, what did you do with this money?

MICHAEL BELLINGAN: I don't recall what I did with all of it, Mr Chairman.  Perhaps I could go back and see if I could find out.

ADV BOSMAN: Mr Bellingan, I don't want to pressure you, but once again if I may just sort of comment.  I find it peculiar that one doesn't know what he did with R144 000 which he did not expect to get out of his wife's estate.

MR CHASKALSON: Sorry to interrupt.  Mr Chair, through you.  If my recollection is correct, the amount in question is actually R44 900-odd, it's not R144 000.

ADV BOSMAN: Thank you, Mr Chaskalson, I actually said that I couldn't recollect the exact amount.  But never the less, R44 000, a windfall which you did not expect and you cannot recall what you did with it.  Can't you recall whether you invested it?  Surely you didn't just carry it around in your pocket?

MICHAEL BELLINGAN: There was a house that we bought after that.  I'm thinking of major assets.  There were things for the children, there was the fact that my children went to stay in Underberg with my parents, so obviously money for the upkeep etc., etc., as well, Mr Chairman, things that needed to be bought, etc., etc.  So more than likely I would have used a lot of the money for that.

ADV BOSMAN: Are you saying for the children?

MICHAEL BELLINGAN: I can't say with any certainty now whether I used all of that money for the children, but I did most certainly use some of it, if not a lot of it or most of it, for that purpose.

ADV BOSMAN: Thank you.  Thank you, Chair.

CHAIRPERSON: Thank you.
	When was that policy taken out?

MICHAEL BELLINGAN: I'm not sure, Mr Chairman, I don't know.

CHAIRPERSON: Have you never had any clue at all about this policy - ever?

MICHAEL BELLINGAN: No, Mr Chairman.

CHAIRPERSON: Was it an Old Mutual policy?

MICHAEL BELLINGAN: Correct, Mr Chairman.

CHAIRPERSON: Are there any questions arising from what we have asked, Mr Hattingh?

MR HATTINGH: Thank you, Mr Chairman, no questions.
NO RE-EXAMINATION BY MR HATTINGH

CHAIRPERSON: Thank you.  Mr Rautenbach, have you got anything?

MR RAUTENBACH: Mr Chairman, we've got one difficulty.  Something was raised by one of the members of the Panel.  We are in possession of a document relating to certain, well we're in possession of a certain document.  We actually wanted to use the document now and to ask the question to the witness.  However, as far as the source of the document is concerned, we would like to just clarify that with the source.  We feel that in the haste of it, we came into possession of the document at a very late stage, it may be unfair towards the source and to the witness just to put it right now.  We'd just like to reserve that one question relating to the document.

CHAIRPERSON: Yes, we'll deal with it when you are again ready to raise it.  Yes, Mr Hattingh, I accept that is the evidence of the applicant?

MR HATTINGH: That's correct, Mr Chairman.  We will then proceed with the next witness, who will be Judy White.

CHAIRPERSON: Have you got the logistical arrangements in place?  Alright.
MACHINE SWITCHED OFF

CHAIRPERSON: Ms White, can I ask you to stand please.  Can you give your full names for the record?

COLLEEN JUDY WHITE: (sworn states)

CHAIRPERSON: Please be seated.  Mr Hattingh?

MR HATTINGH: Thank you, Mr Chairman.
	Ms White, is it correct that you are the sister of the applicant, Mr Michael Bellingan?

COLLEEN JUDY WHITE: That is correct, yes.

MR HATTINGH: Now at the time when his late wife, Janine was killed, where did you live at the time?

COLLEEN JUDY WHITE: I lived in Pietermaritzburg.

MR HATTINGH: The date that we're referring to is the 20th of September 1991.  Now did you meet with your brother, the applicant, during that weekend?

COLLEEN JUDY WHITE: Yes, I collected him on the Saturday morning.

MR HATTINGH: Now prior to meeting with your brother, had you spoken to him over the telephone?

COLLEEN JUDY WHITE: Yes, I had.

MR HATTINGH: Did you know his late wife?

COLLEEN JUDY WHITE: Yes, I did know Janine.

MR HATTINGH: When was the last contact that you had with Janine Bellingan, prior to that weekend or the day, the 20th of September '91?