Amnesty Hearings — Johannesburg — 1999-02-12

UNKNOWN: Madame Chair, my submission to there that the applicant has contradicted himself in his evidence when cross-examined and in the issue of following orders, I mean in his affidavit he's made it clear that it was on his own initiative to eliminate the victims and I think this is in line with his reason behind because he says they were investigating him or he believed that they were investigating him.  It goes very well with the fact that he could have taken an initiative to eliminate them.
	Further Madame Chair, the basis of having identified the victims is really, it's nothing political, I mean the applicant has 
given evidence that they were identified on the basis that they were Indians which doesn't even link him to the objective that he alleges that he wanted to give a clear signal to the security policemen.
	Madame Chair, I would submit in short that there's nothing political according to the evidence given by the applicant and given the fact that he has contradicted himself so much and the fact that he keeps on saying there's nothing that he could do even though he claims that he was a member.  It looks like he didn't even have authority to give such instructions.
	I don't think really he complied with the requirement of full disclosure and it is my submission that amnesty should be refused.  Thank you.

CHAIRPERSON: Thank you Ms Thabete.  This Committee will take a short adjournment in order to consider the evidence tendered by Mr Plaatjies in support of his application for amnesty and we'll come back and pronounce our decision after ten minutes.  Thank you.

MS THABETE: Thank you.
WITNESS EXCUSED
F I N D I N G
ON RESUMPTION

CHAIRPERSON: We have now come to a decision in respect of the application by Mr Julian Dion Plaatjies which was heard today being the 12th February 1999 and this is our decision.
This is an application for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act 34 of 1995.  Mr Plaatjies applies for amnesty in respect of the following convictions:
1.	Kidnapping of Deran Ramakanjee.
	2.	Kidnapping of Arula Padajachee.
	3.	The assault with intent to do grievous bodily harm 
		in respect of Deran Ramankanjee.
	4.	The assault with intent to do grievous bodily harm in respect of Arula Padajachee.
	5.	The attempted murder of Deran Ramakanjee.
	6.	The murder of Arula Padajachee.
All these offences were committed on the 15th January 1993 at or near Coronation in Johannesburg.
	After having heard the testimony of the applicant and having noted the supplementary affidavit handed in on his behalf, we as a Committee are not satisfied that the applicant acted with a political motive.
	Furthermore, we have no doubt that the acts applied for were in fact acts of criminality, committed for personal gain.
	Accordingly, the applicant does not comply with Section 20 sub-section 1 of the Act and AMNESTY IS THEREFORE REFUSED.  That is our decision.

MR LEOPENG: As it pleases the Committee.

MS THABETE: As it pleases the Committee, thank you.

CHAIRPERSON: Mr Leopeng, you may be excused.
	Ms Thabete, does this not bring us to the end of the day and the week?

MS THABETE: Yes Madame Chair it does.  I would like to take this opportunity to apologise to the victims in the matter of Vusi Sydney Gadefe Manoni.  They've come all the way from Giani.  Unfortunately we have to hear it next week, I've explained it to them, next week on Wednesday, otherwise Madame Chair, it concludes our roll for this week until next week Tuesday where will be doing the matter of Gadebe and Mkhwanasi and on Wednesday the matter of Vusi Sydney Manoni.  Thank you.

CHAIRPERSON: I think on behalf of the Amnesty Committee the panel would like to extend it's appreciation to our transcribers, the translators for the difficult job they have to do.  To the persons from the witness protection programme and not forgetting members of Correctional Services, we really appreciate the fact that you were always prompt in bringing applicants to this venue and our warmest appreciation to the media for the wonderful job that they are performing in enabling our society to be part of this process and most importantly, to the members of the public for participating in this process.
	We have now come to the end of our hearings this week.  We will resume next week on Tuesday the 16th February with the remainder of our roll.  Thank you very much and enjoy your weekend.
HEARING ADJOURNS