Amnesty Hearings — Durban — 1999-08-17

HUMPHREY SENZO BHENGU: I saw him yesterday and realised that he was a policeman and I had also discovered that the people who came to see me in hospital were policeman.

CHAIRPERSON: Before that day in hospital, had you seen Mr du Preez at any other time?

HUMPHREY SENZO BHENGU: I was not used to white people.  I saw him for the first time there.

CHAIRPERSON: In hospital.  And the second time you saw him was here in court yesterday?

HUMPHREY SENZO BHENGU: That's correct.

CHAIRPERSON: Yes, alright, leave it at that.

MR VISSER: Just perhaps just one further question on that.  Did you attend the pointing out of the spot where Mr Ninela was killed with the investigation unit of the TRC?

HUMPHREY SENZO BHENGU: I was not there.

MR VISSER: Yes, well I just want to put it to you that Mr du Preez denies that he had anything to do with you after you were injured by the limpet mine.  What do you say to that?

HUMPHREY SENZO BHENGU: He is very correct when he says he denies that, but he knows about it.

CHAIRPERSON: Is it possible that you are mistaken?  Please don't lean back when you are talking, speak into the mike.  Is it possible that you are mistaken?  It could have been somebody else?

HUMPHREY SENZO BHENGU: I recognise him as one of those persons who came to me as attorneys, although he may be slightly older now.

MR VISSER: We're talking about 11 years ago.

MS GABRIEL: Mr Chair, perhaps I could curtail the proceedings.  I distinctly remember leading evidence in chief of Mr Bengu.  He wasn't certain on that point, that he wasn't certain that the man that he saw was du Preez.

CHAIRPERSON: Yes, we'll leave it at that, Mr Visser.

MR VISSER: In fairness to my learned friend, she's quite correct, that's why I said might.

CHAIRPERSON: Just leave it at that, I don't think you can take it much further.

MR VISSER: Thank you Mr Chairman.  I have no further questions thank you, Mr Chairman.
NO FURTHER QUESTIONS BY MR VISSER

CHAIRPERSON: Mr Rorich any cross-examination of this witness?

MR RORICH: Mr Chair, Mr Steyn has already covered the questions I wanted to traverse.
NO CROSS-EXAMINATION BY MR RORICH

CHAIRPERSON: Thank you.  Ms Thabethe?

MS THABETHE: No questions, Mr Chair.
NO CROSS-EXAMINATION BY MS THABETHE

CHAIRPERSON: Why did you think that - oh, has he gone?

MS GABRIEL: Come back.  Come back.

CHAIRPERSON: Why did you think that you had been shot at?  Did you not hear an explosion from the bomb?

HUMPHREY SENZO BHENGU: At that precise second, I could not be sure of what happened.

CHAIRPERSON: I'm not asking you to be sure, I'm asking whether you heard the explosion of the bomb.

HUMPHREY SENZO BHENGU: I'll say yes because I heard the noise when it first exploded and thereafter I do not know what happened, and it was clear what had happened.

CHAIRPERSON: Yes.

MR LAX: Thank you, Chairperson.   Mr Bhengu, just one aspect.  Why was it important for you to tell Blessing that you'd been shot, or attacked, or whatever?

HUMPHREY SENZO BHENGU: In my mind I though that maybe we could have dropped the bomb so that we could go back and check if the bomb was somewhere around there so that no one else can come pick it up.

MR LAX: Please just repeat the answer again Ms Interpreter.

HUMPHREY SENZO BHENGU: I thought I should report it immediately because I thought that maybe the bomb had fallen onto the ground and it could be lying somewhere around and anybody else could have come pick it up.

MR LAX: So even at that stage, you didn't realise that it was the bomb that had exploded?

HUMPHREY SENZO BHENGU: In most instances the IFP would have home-made guns called Okwuash, that is what I thought it was.

MR LAX: Thank you, Chairperson.

CHAIRPERSON: Yes, thank you very much, you may leave now.
WITNESS EXCUSED

CHAIRPERSON: Yes, Ms Gabriel.

MS GABRIEL: Mr Chair, that  was the final witness on behalf of the family.

CHAIRPERSON: Thank you.  Mr Visser, do you propose to address us?

MR VISSER: Thank you, Chairman.

MR VISSER: Mr Chairman first of all, with apologies to my colleagues who have now come in to this session, Ms Gabriel and Mr Rorich, unfortunately we do not have copies of the general argument which we handed up to your earlier, which will place them at a disadvantage, particularly Ms Gabriel.  We were hoping to make copies this morning but somehow didn't get around to it.  I certainly don't propose to traverse that area again Mr Chairman, but I do undertake that my attorney will provide both our colleagues with a copy of that document as soon as is convenient for it to be made.

CHAIRPERSON: In the meanwhile I think you could, where you are going to refer to it, to refer to page and paragraph.