Amnesty Hearings — Durban — 1998-10-19

CHAIRPERSON: ... this hearing on Monday, the 19th of October, the applications of Dumisani Tokizani Sibisi and Neni Bongani Cele.

ADV PRIOR: On behalf of the Amnesty Committee, Paddy Prior, the Evidence Leader.  Mr Raymond Samuel appears for the applicants.

CHAIRPERSON: I must also say that the Committee consists of myself, Andrew Wilson and Judges Potgieter and Khampepe.

ADV PRIOR: Thank you, Mr Chairman.  Mr Chairman, unfortunately the matter cannot proceed today.  The problem arose in notifying the applicants.  I understand that notice was sent to the prison where they were serving a sentence, only to find that they had been released on parole.
	I understand from Mr Sadar Govender with the Witness Protection, that Mr Sibisi had been informed on Thursday of the hearing today and had been requested to contacted Mr Samuel, the attorney that had been arranged for him.  Unfortunately Mr Sibisi hasn't made that contact, yet I understand from this morning's conversation with Mr Govender is that Mr Sibisi had been told the hearing would be in Pinetown so ...

CHAIRPERSON: One can't blame Mr Sibisi for not being here this morning and Mr Cele hasn't been told at all about the application as far as we know.  When were they released on parole, do you know?

ADV PRIOR: It's unclear.  I understand that at least two to three weeks.

CHAIRPERSON: Well I think this is a - we suffered last week in all the applications that were supposed to be heard because notice had been given properly and there were people who had been transferred from Westville Prison and I think that steps must be taken to ensure that our office in Cape Town, the administrative, the people responsible for the administration do take proper steps to ensure that applicants are contacted and informed well in advance.

ADV PRIOR: Mr Chairman, I'll certainly bear that in mind and obviously it will be taken up at the highest level.
	May I suggest that the matter be adjourned for a date this week.  We were attempting as of today to send people out to the rural areas to try and at least make contact with the applicants.  In that event we will then attempt to hear the matter this week.

CHAIRPERSON: Well we have had another matter that has been adjourned till Wednesday of this week.  We on Thursday are starting a part-heard matter which we hope to conclude on Thursday because one of the Committee Members will not be available on Friday, so perhaps Friday will be the most convenient day to adjourn this matter to.
	Another thing that worries me, Mr Prior, and I know that you are at a disadvantage at the moment because you haven't got your papers with you, that we are sitting in a large hall that was once a theatre and there is not a single person here.  
	Now the matter we were due to hear was a matter in which two people were murdered and there was an attempt to murder six others, and I would have thought that there would have been families and interested parties who would have wanted to hear.  It may be that notice was given to them to go to Pinetown.  Could you, if you can when you get your documents, make every endeavour to ensure that possibly interested parties, I don't mean interested parties in the legal sense but parties who might wish to hear what happened are notified that it will be heard on Friday?

ADV PRIOR: I will see that that is done, Mr Chairman.

CHAIRPERSON: Well that concludes today?

ADV PRIOR: That concludes today, M Chairman.
COMMITTEE ADJOURNS