Amnesty Hearings — Johannesburg — 1997-04-08

JUDGE WILSON: ... applicant, through no fault of his and I apologise for the fact that some of you may have been sitting here, waiting for some time.

MR BLACK: Mr Chairman, we are ready to commence proceedings in the matter of Mr Froneman and Mr Harmse.
	Mr Froneman's application number is 0395/96 and Mr Harmse's application number is 3275/96.  Mr Chairman these two matters will be heard together as they relate to essentially the same facts and not one, but the main incident is similar in both cases.
	The effected parties in this matter, by that I mean both the victims and the persons who suffered damage to their property, have all been notified.  I, this morning received a telephone call from Mrs Labushachne who is the widow of the deceased party.  She has indicated to me that she would prefer not to attend the hearing as she still feels very emotionally upset about the fact that she has lost her husband as a result of the incidents which are going to be heard today.
	And she feels that it would simply rake up the past and serve no purpose for her to attend.  She is not formally opposing the granting or otherwise of the application.  As far as the other persons concerned, there are Police Officers who worked with the deceased.  They have also indicated to me that they do not wish to attend the hearing.  They are aware of the fact that it is to be heard, but they
too feel, still feel very emotional about the issue.  
	They are not happy about the fact that application has been made for amnesty, but they are not opposing the application, formally opposing the application.
	The owner of the property, whose property was damaged, Mr Mayet and his son have both been notified of the hearing, the date, time and venue has been conveyed to them.  I have received communication this morning at about half past nine or quarter to ten that Mr Mayet, one of the Mayets will be attending, will be in attendance during the course of the hearing.  It has been explained to them that we need to proceed.

JUDGE WILSON: Have you got acknowledgement of service on Mr Mayet?

MR BLACK: Yes, on both him and his son.

JUDGE WILSON: Thank you.

MR BLACK: And I've confirmed with the Superintendent at the Bronkhorst Police station that none of the policemen wish to attend the hearing.  I also have acknowledgements of receipt on them.
	In this matter Mr Froneman is being represented by Adv Louisa van der Walt and Mr Harmse is being represented by Adv H. Prinsloo.  And I understand that they have supplemented their written applications for amnesty and copies of the supplemented papers will be handed down to the panel, thank you.

ADV PRINSLOO: Mr Chairman and members of the Committee, I confirm that I appear on behalf of Mr Harmse in this matter.  Supplementary declarations and documentation have been prepared and submitted to the Committee.
	I will therefor request the Committee to hand in these
documents as proof and that which is referred to as Appendix A, as evidence A, B as B, then evidence tagged C will be the Boere Weerstandsbeweging document, D will be the plea that was delivered in the Supreme court of South Africa with relation to Harmse.  That is the documentation on which we depend in this matter.

JUDGE WILSON: Sorry can I say something there.  On the papers put before us, the first Annexure A is at page 10 of FA, Annexure B is at page 11, which was the next one?

ADV PRINSLOO: Exhibit C is the one titled Boere Weerstandsbeweging.

JUDGE WILSON: Page 22 and then another Annexure A from Mr Froneman.

UNKNOWN: That's correct.

JUDGE WILSON: At page 25.

ADV PRINSLOO: That's correct.	Exhibit D, Mr Chairman, what page will that be?

JUDGE WILSON: Which is D?

ADV PRINSLOO: D is a plea tendered by Harmse.  Is that before you Mr Chairman.

SISI KHAMPEPE: It is in the bundle ...

ADV PRINSLOO: Mr Chairman, that is not, that does not form part of the original bundle which was handed to you.  As a matter of clarity, the plea does not form part of the bound bundle Mr Chairman.

JUDGE WILSON: That's a bundle of papers that had been put before us and that starts Verklaring en Gevolge, Pieter Johannes Harmse, is that Exhibit D?  Right.

UNKNOWN: Mr Chairman, I represent Mr Froneman in this matter and I would like to submit Exhibit E, which you have in your bundle, on page 25 as the further, or the rest
of the statement of his initial amnesty application.
	He also depends on Exhibit B, which is Appendix B on your page 11.  Thank you.

ADV DE JAGER: Mr Black, from where was Mr Harmse brought, which prison?

MR BLACK: From Pretoria Mr Chairman.

ADV DE JAGER: And was there any reason advanced why he was so late?

MR BLACK: Not to me, Mr Chairman, no reason was given.  Perhaps my learned friend, Mr Prinsloo might be able to shed some light on that.

ADV DE JAGER: Could you perhaps find out from the prison authorities what is the problem and whether anything could be done to it?

MR BLACK: Yes, I'll do so.  They are present and I will make enquiries.

JUDGE WILSON: I haven't had a chance of checking the bundle that is now being handed in.  Does it contain all the pages that are not in the original bound copy?

ADV PRINSLOO: ;	Mr Chairman, it contains all the pages.

JUDGE WILSON: Now where do we find the affidavit from Froneman which appears on page 21 of the bound copy, the first page of it appears on page 21 and it then stops?

UNKNOWN: I've got a copy for you and it is ...

JUDGE WILSON: Is it in the bundle?

UNKNOWN: No, it is not in the bundle.  Could I ...

MR BLACK: In the bundle, Mr Froneman's affidavit is on page 25, Mr Chairman.

JUDGE WILSON: Of the bundle we were handed today?

MR BLACK: Oh, no, I am talking about the bound bundle.

JUDGE WILSON: Page 25 is Annexure A, or Annexure E.

MR BLACK: Yes and what has been handed up by my learned friend, Mrs van der Walt, is also referred to as Annexure A, Aanhangsel A.

JUDGE WILSON: It is page 21, if you look at page 21 of the bound copy, it contains the first page of his affidavit and not the second page.

MR BLACK: ;	Yes.

JUDGE WILSON: Which she is now handing up as the second page.  Well, she is handing up both pages.

ADV PRINSLOO: If one pages to page 25 of the bound bundle ...

JUDGE WILSON: That is Annexure A, that is not his affidavit.

SISI KHAMPEPE: Mr Black, we do not have pages with Mr Froneman's attestation clause.  We only have page 1 of his affidavit, which appears to be an incomplete affidavit.

JUDGE WILSON: That's what I've just been handed, the complete affidavit which will be, should be on page 21 and  21(a) of the bound bundle.

UNKNOWN: Yes, the Affidavit refers to Appendix A and to Appendix B, and these actually belong together, it was just a brief sworn statement that he had seen both Appendices.

JUDGE WILSON: Thank you.  Right, Mr Prinsloo.

ADV PRINSLOO: Mr Chairman, I call the applicant in the matter Mr Harmse, as first witness.

ADV DE JAGER: Mr Harmse, will you please stand.

PIETER JOHANNES HARMSE: (sworn states)

ADV PRINSLOO: As you wish Mr Chairman.  Mr Harmse you were arrested and charged in the Supreme court
regarding this matter, is that correct?

PIETER JOHANNES HARMSE: Yes, it is correct.

ADV PRINSLOO: The main charge inter alia was one of murder and various other charges, is that correct?

PIETER JOHANNES HARMSE: Yes, that is correct.

ADV PRINSLOO: During your court case you offered a plea of guilty to the State, guilty of culpable homicide and various other pleas that are set out in Appendix D, serving before the Commission, is that correct?

PIETER JOHANNES HARMSE: Yes, it is correct.

ADV PRINSLOO: Is it also correct that the State did not accept your plea regarding guilty on charges of culpable homicide?

PIETER JOHANNES HARMSE: That is correct.

ADV PRINSLOO: However, at the beginning of the trial you pleaded guilty of murder?

PIETER JOHANNES HARMSE: Yes, I did plea guilty to murder.