Human Rights Violation Hearings — Winelands — 1996-10-16

MR MAXAM: I want to ask for forgiveness yet again, I want to ask my parents to forgive me, when they heard the news that I had murdered, they were obviously not happy about it, they were grieved, all these years they have been so grieved.  My father died whilst I was in prison, I ask for forgiveness from my home, even my children.

MS GOBODO: Do you have children and a wife?

MR MAXAM: I don't have a wife, I have children.

MS GOBODO: You want them to know that such a thing should not be committed again.  They have seen me, they know where I am at, they know my aims for the future.  Thank you very much Mr Maxam I will ask the Chairperson to take over.

ADV POTGIETER: Mr Maxam let me just apologize I haven't done justice to your surname when I read the list, but I have learned for better now.  I just want to see if we can't be of assistance to you as well.  The sentence that you serving at this stage, does it relate to your activities in implementing the M-plan in Mbekweni.

MR MAXAM: Yes sir it is so.

ADV POTGIETER: And were you convicted of - of how many offences?

MR MAXAM: Two offenses of murder and an offense of having broken into a shop.  I was sentenced to ten years and two sentences of death.  But because of my attorney, Ms Jones, in 1992, 23rd March, according to the petition from Mbekweni with 68 signatures they then turned my sentence around to 25 years only.
It has been 7 years that I have been in jail, serving that sentence, I have never - I was never allowed to be bailed out.

ADV POTGIETER: How long is still left of the sentence, how long must you still serve?

MR MAXAM: It will be until 2004 - 2007 should I be serving effectively.   According to the new Prison Laws, as a first offender I qualify for this especially with support from the community.
Profiles have been lost and documents investive - my profile was lost in the confusion that was in the prisons from - I was at home on the 5th even this month.  I am allowed to go home to see my parents should there be a problem.  I went to a funeral, my nephew's funeral.
 The Prison authorities, because I work well with the police  and with the community, the parole board will then vote in my favor.  I am in the recreation committee and I work in the library in prison.  The parole board saw me last week on Friday, they will call me after a while.
My release depends wholly on the parole board, I am prepared to serve my whole sentence.  I - it is not that I want to be  released through amnesty as such  - I am committed to my responsibilities within the prison.

ADV POTGIETER: I appreciate that  [indistinct] upon the issue that I wanted to come to, your - of the offenses of which you were committed, were committed within of which you were convicted were committed within this implementation of the M-plan obviously within a political context.
And what I wanted to bring to your attention or to ask you is whether you are aware of the amnesty provisions which relates to this Commission and whether you have in fact applied?

MR MAXAM: According to the amnesty committee I have not received a report.  I made a requests to the National Council on Indemnity before the Truth Commission was established.  Therefore they would  [indistinct] to me to ensure me - to inform me as to what happens.
I have been advised to apply for amnesty to the Truth Commission. I will - I can only follow the procedures if I receive guidance.

ADV POTGIETER: I just wanted to make sure that you are aware of that possibility, it's not something that we deal with as a panel sitting here, we've got a special structure that deals with that, but I just thought we must - we must ensure that you are aware of that and it seems as if you are in fact aware of that.
And it would be a pity if a person in your position, an application from you is not considered or is not brought to the Commission at least for consideration.  So I thank you very much for that information.

MS GOBODO: Thank you, you may go.