MR VAN DER BERG
Certainly so, he had a discretion to protect the people.  He did not have the discretion, he had the duty to do it, but then he must execute his duty with the responsibility that is expected of him.  He did not do his duty when he blatantly shot the people who were lying there, that is not part of your duty.
	That is why I said, that is why I asked why didn't he arrest the people.  So definitely he has a duty to protect the people, but in the context of their lives and not just to go and kill them blatantly.
	Mr Chairperson, if I can continue with my Heads.  Paragraph 19, the applicant did not act on an instruction, but shot the AWB men on his own initiative.
	Paragraph 20, there is no proper explanation why the applicant thought it necessary to kill all three AWB members.  We also know that he said he could not remember which one he shot first, but he then decided that he would kill all of them.  It sounds nice to shoot all of them.
	Paragraph 21, the applicant is telling lies by telling the Commission that he alleged that he saw no other people on the scene despite the fact that there were people on the scene as we saw on the video and it took about 20 minutes.
	Paragraph 22, the applicant's explanation why he did not arrest the AWB men rather than shooting them or killing them, is with respect absurd.  There was good enough reasons and time to do it, and more so specific in the light of the fact that it was his duty as a police official.  He could have arrested them, he had the capacity to do it, but he chose not to.  He chose rather to shoot them after 20 minutes.
	Paragraph 23, the applicant also gave evidence that an R4 rifle was given to him in order to protect the nation.  This stand in opposition with his statement on page 28 of the bundle, where the applicant mentioned that his instructions was to protect the TTA.
	This allegation that he made here, he made that in answer to a cross-examination by my colleague Mr Mpshe, and this is the reason that he gave in answer to that.
	Then paragraph 24, it is also submitted that the applicant never came forward and admitted that he shot the AWB men if the police did not find him and question him about this matter.