Amnesty Hearings — Durban — 1999-06-23

ZIPHAKAMISE NYAWOSE: Yes.

MR MALAN: Have you reconciled?

ZIPHAKAMISE NYAWOSE: Yes.

MR MALAN: Thank you.

CHAIRPERSON: I think that should conclude your re-examination, sorry your evidence-in-chief?

MR MOLOHLANYE: That is correct.
WITNESS EXCUSED

CHAIRPERSON: Are you now in a position to address us on any issue with regard to Mr Khumalo's application?

UNKNOWN: Yes, I am in a position to address, thank you Madame Chair.
	I hereby make a submission in regard to the application of Mr Nyawose in that Mr Nyawose have met all the requirements in terms of the Act, especially Section 20 sub-section 2(a) where Mr Nyawose has divulged or disclosed all the relevant facts in the act in which he was associated with a political objective and Mr Nyawose was a member of a political organisation which was publicly known and his acts where a struggle waged against another political organisation which was publicly known and therefore in terms of Section 20 sub-section 2(f) this person, who was Mr Nyawose, was acting in the course or scope of his duties, within the duties or implied authority of the political organisation.

CHAIRPERSON: Wouldn't he fall pertinently under paragraph (a) rather than (f)?  Wouldn't that be your argument that he falls squarely within the provisions of 20, sub-section 2?

MR MOLOHLANYE: That will be so Madame Chair and also further in my submission that in terms of sub-section 3 of Section 20, the criteria which is used in the granting of the amnesty, I believe that Mr Nyawose qualifies in terms from (a) to (f).

CHAIRPERSON: Thank you.  Mr Panday?

UNKNOWN: Thank you Madame Chair.
	Madame Chair, insofar as the political objective of the applicant is concerned, I think that is now common cause before this Committee that that is not in dispute.  Obviously the only issue that now comes to light as to whether there has been full disclosure.
	Madame Chair, insofar as the issue of full disclosure is, we've had Mr Khumalo explain to us how the entire incident had taken place at the place of Sitombe Ngcobo's residence, how the killing had led or what led to the killings, Madame Chair.
	Madame Chair, it's therefore my submission insofar as to whether what he has put before this Commission as to whether that is full disclosure, Madame Chair.  That would have to be left in the hands of the Commission to come to a conclusion whether that satisfies the test of full disclosure.

CHAIRPERSON: But you yourself have not put anything in dispute, you've not disputed the evidence with regard to his explanation as to how the incident occurred, have you?

MR PANDAY: That is accepted, Madame.

CHAIRPERSON: You have not put any different version?

MR PANDAY: That is true Madame Chair insofar as the victims concerned was at this stage as to whether there was just full disclosure.

CHAIRPERSON: Thank you.

MR PANDAY: Madame Chair.

MS THABETHE: No argument Madame Chair, I have no argument.
NO ARGUMENT BY MS THABETHE

CHAIRPERSON: Would you say that the applicant complies with the requirements of Section 20, sub-section 1?

MS THABETHE: Yes Madame Chair.

CHAIRPERSON: And would it be your submission that amnesty should therefore be granted to him?

MS THABETHE: Yes Madame Chair.

CHAIRPERSON: Thank you.
	I wish to thank the legal representatives, both of the applicant and the objector as well as our evidence leader for their assistance in the speedy conclusion of this application.  We will be in a position to pronounce our decision with regard to this application tomorrow morning.

MR PANDAY: As Madame Chair pleases.

MS THABETHE: As the Committee pleases.

MR MOLOHLANYE: As the Committee pleases.

CHAIRPERSON: Mr Panday, I note that you were only involved in this matter.  You are excused.

MR PANDAY: Thank you Madame Chair.
MR PANDAY EXCUSED