Amnesty Hearings — Durban — 1999-09-21

CHAIRPERSON: Before we adjourned for a very short lunch, we had given an indication to the house at large, the applicants, their legal representatives, the victims' legal representatives, the Evidence Leader that when we resume we'll commence with the application of Mr Khetha Mbilo Khuzwayo as well as with the application of Osmond Bekhisisa Nkwanyana.  That we did with the hope that we'd be able to indeed proceed with these applications.  I must state that I did that before I had an occasion to go through a supplementary affidavit that has been handed to the members of the Panel quite recently, that we were able to go through during our short lunch adjournment.
	Both applicants Mr Nkwanyana and Khuzwayo, have caused supplementary affidavits to be made in support of their applications.  I must state for the record that in so far as Mr Nkwanyana is concerned, from a quick perusal of his supplementary affidavit, we note that we will be sitting with two versions with regard to his participation in the incident for which he seeks amnesty.  We hope and trust that the legal representative, who has been employed to legally assist him in proceeding with his application, will be able to explain to him the legal implications thereof.
	In so far as the application of Mr Khuzwayo is concerned, on a quick perusal of the supplementary affidavit submitted to us a few minutes ago, we have noted the following:  Firstly, two names which had not been referred to in his initial application has now been made mention of and that is the name of Bekhi Zita an alleged informer and the name of one Shadrack Mleje, allegedly the person who formulated a so-called hit list that was used by Mr Khuzwayo in the commission of the offenses for which he seeks amnesty.  There is a further mentioning of one Simunye Nthembo as well as many other persons who were not initially disclosed in Mr Khuzwayo's application, as prepared for this Hearing today.  We are therefore unable to proceed with the two applications because, in terms of section 19 sub-section (4) of our founding Act, we are enjoined by our Act to inform any person or persons who is or are implicated in the Hearing and the names that I have referred to, are names of implicated persons that we are obliged to inform in terms of Section 19(4) of these proceedings and afford them an opportunity of either appearing to oppose or to support the applications by the applicants or even elect their right not to do anything in so far as these applications are concerned.  However, it is a duty that we have to perform and we may not circumvent it.  In the premises, we are going to postpone these two applications sine die to enable firstly our investigating unit to investigate the matter in pursuance of this new information having been brought forth as a result of the two supplementary affidavits handed to us this morning and secondly, to enable the implicated persons to be appropriately notified as reuuired by the Act.
	The applications therefore of Mr Osmond Bekhisisa Nkwanyana, application number AM 5214/97 and Khetha Mbilo Khuzwayo application AM6175/97, are postponed sine die.
	In conclusion may we, on behalf of the Amnesty Committee, express our appreciation for the attempts made by the relatives of the victims, to attend these hearings.  We know it is a costly exercise, not in terms of money, but in terms of emotions, to come to a Hearing of this nature.  It is therefore our obligation to apologise that we are unable to proceed with these Hearings, after all the trouble that you have taken to be present today.  We do so, however, because we have to conform and comply with the requirements of the Act and the Act is also intended to show its compassion to people like you.  We hope you'll be able to attend the next Hearing.  You will be duly informed of when that date will be.
	We express our gratitude to the legal representatives appearing on behalf of the victims and on behalf of Mr Nkwanyana and Mr Khuzwayo as applicants and of course to our Evidence Leader.
	Did anyone wish to say anything?
	This now brings us to a close of our hearing for the day.  We will adjourn today and resume tomorrow.  What time Ms Mtanga?   Are we to start with a part-heard matter of Mr Mngomezulu and Khuzwayo?

UNKNOWN: 9 o'clock Chairperson,

CHAIRPERSON: 9 o'clock?  Yes.  We'll adjourn for the day and resume tomorrow morning at 9 o'clock.  Thank you.
COMMITTEE ADJOURNS