Human Rights Violation Hearings — Queenstown — 1996-07-22

REV XUNDU: You life your right hand and say so help me God.  I'll begin with you, I'll begin with Shane.

UNKNOWN: (sworn states)

REV XUNDU: Thank you.  I'll call upon Michelle Brody-Malherbe.

UNKNOWN: (sworn states)

REV XUNDU: I call upon Andrew van Wyk.

ANDREW PETER VAN WYK: (sworn states)

REV XUNDU: Your first name Ma'am?

UNKNOWN: Heila.  Heila.

HEILA VAN WYK: (sworn states)

REV XUNDU: Thank you.  Mr Chairman the people have been properly sworn in.

BONGANI FINCA: We welcome you.  We remember as if it is yesterday the shock waves that were sent throughout this region, indeed throughout this country when that bomb blast happened here in Queenstown and how innocent people who were there to enjoy their meal had their lives devastated by that act.
 We remember how that particular event moved hundreds of thousands if not millions to ask themselves what is happening to this country.   Both Black and White, Indian, Coloured were suddenly shocked to realise how down the drain QUEENSTOWN HEARING TRC/EASTERN CAPE
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we seemed to be travelling as a country.
 Your story has been told several times, but you are here to tell it to the Commission so that it forms part of the wider picture of Human Rights Violations which have taken place in the region that we are investigating.
 We thank your for your courage, for coming up to tell the story again.
 To remind South Africans what South Africans have done to fellow South Africans in the past.  And also to ensure that the people of this country do not repeat what has happened to you, ever again.
 We are going to be taking your story and try to built it holistically.  Adv Denzil Potgieter is going to try and lead each one of you in giving his or her evidence and at the end of the story we will then raise questions as Commissioners if there are issues of clarity which we require.
 Let me immediately convey our thanks as a Commission for this dossier that you have supplied which contains the graphics, the stories, the newspaper cuttings and everything that I think we require to have before us as we try and reconstruct what happened.
 This will indeed be useful and we wish to thank your lawyer for preparing it for us.  Relax and know that you are telling your story to people who want to hear it sympathetically and understand what suffering that event has cost you and your families.
 Over to you Adv Potgieter.

ADV POTGIETER: Thank you Chairperson for those words of introduction.  I intend to lead the evidence of Mr Van Wyk first, who is the owner of the business premises involved
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and who was not personally present at the time when the incident happened, followed by the evidence of his wife, Mrs Van Wyk, who was at the premises when the incident happened and then we'll take the evidence of Mr Brody, who is one of several victims of the incident.
 I am advised that his sister does not necessarily want to testify, but we will hear about that when we come to the evidence of Mr Brody.  So with your permission Chairperson, I shall proceed to deal with the evidence of Mr Van Wyk.  We are just trying to position the microphone, or do you want to, perhaps is it easier to do that.
 Thank you very much.  Good morning Mr Van Wyk.  I have noted that you have taken the oath, if I heard you correctly in Afrikaans.

AP VAN WYK: Dit is korrek.

ADV POTGIETER: Sal u verkies om u getuienis in Afrikaans af te le?

AP VAN WYK: Ja.

ADV POTGIETER: Dit is nie 'n probleem nie.

AP VAN WYK: Baie dankie.

ADV POTGIETER: So good morning and welcome here.  The Chairman has already introduced you  and has already mentioned the circumstances surrounding the event.  The incident took place at your business premises, which is the local Spur Restaurant and it happened on the 3rd of December 1992.
 Now according to your statement, this took place between 9.30 in the evening and 10.30 that evening.

AP AN WYK: It actually took place a little bit later than that.

ADV POTGIETER: I also understand that at the time of the
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explosion, that you were not present - you were not on the premises?

AP VAN WYK: That's quite right.

ADV POTGIETER: We will therefor first take your evidence and then we will talk to Mrs Van Wyk.
 Please can you now proceed and tell us what the consequences were pertaining to your business.