Amnesty Hearings — Johannesburg — 1998-04-15

MICHAEL BELLINGAN: As I tried to explain yesterday, Mr Chairman, how it, if it is so that that money is all used up and hasn't been reinvested for the children per se, then according to my conscience how I deal with that is that the annuity which is paid to me every year and which is immediately reinvested into a policy for the children, causes me a tax obligation of about R3-4 000, possibly a little bit more, maybe even as much as R5 000 every year.  So already that would have been R20 000 since I've been in prison, so it's all going back to the children in that sense.  But I certainly am going to get to the bottom of all these financial things and make sure that my children get every cent that is due to them, Mr Chairman.

CHAIRPERSON: Yes, it appears to me as if that is the proper course to take.

MICHAEL BELLINGAN: Yes.  I can give this Committee the guarantee that that will definitely happen and I will invite the legal resources as well to discuss this matter with me at a certain point when it's appropriate.

CHAIRPERSON: Ja, that appears to be sensible.  And it also appears from these documents that the benefits which one could have argued, accruing to the children through the further policies that were taken out, that has fallen away because those seem to have been ceded to your present wife.

MICHAEL BELLINGAN: I would very much like to attend to that all as a matter of urgency, Mr Chairman.

CHAIRPERSON: Yes.

MICHAEL BELLINGAN: And I believe that it is necessary to do so.

CHAIRPERSON: Yes, it might not strictly speaking be within the ambit of what duty we are charged with, but it does strike one as necessary, especially if you're dealing with young children like that.

MICHAEL BELLINGAN: I appreciate the Committee's concern, thank you, Mr Chairman.

ADV BOSMAN: If I may just follow up - I'm sorry, Mr Chairman, if I interrupted you.

CHAIRPERSON: No, no.

ADV BOSMAN: If I may just follow up.  Mr Bellingan, can you just indicate what was the basis for this cession of the policy to your wife, was it ceded in consideration of monies she lent you or what was the basis of the cession?

MICHAEL BELLINGAN: It's a little awkward to say it all, Mr Chairman, but there was no basis.  There was no basis, other than the fact that I felt coerced to do it at that point in time.

ADV BOSMAN: So a cancellation of the cession would certainly, or a retraction would certainly cause no legal problems then?

MICHAEL BELLINGAN: It shouldn't cause any legal problems, but if there are legal problems about it, then I'm prepared to follow it up.

ADV BOSMAN: Thank you.

MICHAEL BELLINGAN: And in fact I've already looked at that matter, Mr Chairman.

CHAIRPERSON: If I understood you correctly, it seems to have been a measure that you took in order to get some protection against potential sort of action by creditors, claims.

MICHAEL BELLINGAN: That's correct, it was the remarks of Mr Nott's colleague at the time in Court and then also remarks of my present wife, those two combined.  When such a document is presented to one in the courtroom and you're sitting in the dock, I was under a lot of pressure and I signed it.  I don't think it's a valid session, but I would like it to be sorted out very much.

CHAIRPERSON: Yes, no, we do understand that.

MICHAEL BELLINGAN: If the Committee makes such a finding at the end of the day, I would also appreciate that, if it's at all possible, but I would like to very much take it up with Legal Resources Centre in order to get these things sorted out and make sure that my children get that money.

CHAIRPERSON: Yes, thank you very much.  Sorry, Advocate Hattingh.

MR HATTINGH: Thank you, Mr Chairman.  Mr Bellingan, it's clear that the Committee has a concern about this issue, would it be necessary to just go further and explain to the Committee as to what problems you are experiencing at the moment in channelling the funds to your children?

MICHAEL BELLINGAN: I wouldn't necessarily like to go into more detail now unless it's absolutely necessary, Mr Chairman, it's a little sensitive at the moment.

MR HATTINGH: Okay.  However, with regard to the
R45 000 paid to the attorney you did not receive any, my understanding of your evidence is that you received nothing from that money back.

MICHAEL BELLINGAN: I received nothing back, Mr Chairman.

MR HATTINGH: Okay.  Now with regard to the possible motive in respect of the NUMSA matter, for your doing what you did, at the time when the account was opened in March 1989, was there any personal financial gain?  Did that play a part as motive for you opening the account?

MICHAEL BELLINGAN: No, Mr Chairman, not at all.

MR HATTINGH: From the evidence it would appear that anything between R30 000 and R90 000 went through that account and it would also appear that cash withdrawals to the tune of approximately R31 000 were performed during the course of the life of that account of five months.

MICHAEL BELLINGAN: Yes, Mr Chairman - that is the two accounts combined.  The R312 is the withdrawals that I made.

MR HATTINGH: Now you have to assist me in this regard as to the allegations if any, that were made during that period of a luxurious lifestyle and money or a spending spree that you perhaps may have gone on, spending ...
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CHAIRPERSON: Yes, that should be a warning.

MR HATTINGH: A simple calculation tells us that
R30-odd thousand rand divided by five months gives you approximately R6 000 per month.  Now I want you to assist me in this regard, to the extent that you can just explain or tell or refer this Committee to any evidence or suggestion of you spending that kind of money during that period.

MICHAEL BELLINGAN: No such thing at all, Mr Chairman.  Throughout the lengthy investigation, throughout the inquest, throughout the trial, throughout these proceedings for that matter, there's absolutely no evidence of a lavish lifestyle because I never led a lavish lifestyle, Mr Chairman.  In fact in my wife's own letter to her attorney, on page, I think it's 101 or 109, she refers, in Mr Trengove's bundle, she refers to or complains about the fact that this for a man who's never got any money to spend on things.  So there was no lavish lifestyle, Mr Chairman, and the cheques and the stubs that I got people are quite welcome to go through.  The building alterations etc., that I made are based on taking further bonds etc., etc.  I've got all the documents over here.  And I presume we're going to give the Committee ...(intervention)

MR HATTINGH: Yes, if you would proceed and tell the Committee with regard to the documentation, the allegation was also made, apart from the lavish lifestyle, that the application or the tender for the farm or government property in Natal was approximately during the course of that period and that you may have required cash or money to enter into that venture.