Amnesty Hearings — Pietermaritzburg — UNKNOWN

CHAIRPERSON: You may be seated.  It is very important that those who have been adversely affected by the events of the past which have given rise to this application should be afforded an opportunity to have their views expressed at this hearing, and my Committee has decided that we are
	/going to
going to afford you that opportunity.  We are going to adjourn this hearing until tomorrow morning to enable you to be present here with your legal representatives.  This might cause an inconvenience to a lot of others who might be indirectly involved in these proceedings.  Unfortunately that inconvenience cannot be avoided.  Those of you have indicated a desire to be represented by your lawyer are given this opportunity to be present here tomorrow morning with your lawyer or legal representatives, and we will commence proceedings tomorrow morning at 9.30 punctually.
Now, I am going to ask Ms Komphephi, for the benefit of those who don't understand what I have said in the English language, to explain that to you in Zulu, and after we have adjourned will you kindly meet with Mr Brink to clear up any other problems that you may have so that tomorrow morning we commence punctually at 9.30.  I am now going to ask Ms Komphephi, for the benefit of those who haven't understood what I've said, to tell them.

MR BRINK: Mr Chairman, before Ms Komphephi commences, would you also indicate to those concerned that this inquiry is related only to the application for amnesty of the applicant, and not to the general background of other problems that may have occurred prior to or subsequent to that time.

CHAIRPERSON: If they do not know already that this is an application for amnesty and not a re-trial of Mr Mitchell, and that we are not here to consider what transpired on that day in order to determine whether he was guilty or not.  We are here to consider whether he is entitled to amnesty in terms of the Act.  I have adjourned.  Those of
	/you who
you who have any doubts about the matter will clear that up before you leave to go and consult your lawyer.  And please, we will commence punctually at 9.30 tomorrow, so please ensure that if you want a lawyer that your lawyer will be here before we start at 9.30 to enable him to discuss matters that he might wish to with Mr Brink.  I am going to ask Ms Komphephi now to tell the members in their home language.
MS KOMPHEPHi EXPLAINS TO VICTIMS AND NEXT OF KIN IN ZULU

CHAIRPERSON: Thank you.  Just hold on.

MR DU TOIT: Mr Chairperson, may I just place on record that we have also discussed the situation with our client, and we have a lot of sympathy with the logistical problems experienced by Mr Brink, and that we would have no objection whatsoever against the postponement to tomorrow.  It is my client's view, and I must say that it is a view that is shared by us, that the victims and the relatives of victims should play a meaningful role here, and that that should be part of the process, and therefore we are quite happy to agree to the standing down until tomorrow morning at 9.30.

CHAIRPERSON: I see that we are - we have the benefit of the presence here of members of the R and R Committee of the Truth and Reconciliation Commission.  I would be pleased if they would assist us in coming to - in talking to the people who want legal representation to make things as easy as possible for them, so that we can commence at 9.30 tomorrow.  I think that the members of the R and R Committee would be serving a useful purpose if they assisted us in that regard.  (End of side A, Tape 1)
PROCEEDINGS  ADJOURNED  TO  1996/10/16
/PROCEEDINGS
PROCEEDINGS  RESUMED  ON  1996/10/16

MR BRINK: Mr Chairman, Members of the Committee, when the matter was stood down yesterday you asked me to investigate which matters had been settled.  I am happy to tell you that my learned friend, Mr Kajee, appears for the next of kin and the victims, and he came yesterday afternoon to the City Hall to have discussions with my colleagues who appear for the applicant.  The State Attorney came this morning.  I understand that, bar one matter, all have been settled, and indeed were settled some time ago.  In regard to the question of settlements I have asked Mr Kajee to indicate - he does represent them and he is here present - to put himself on record, and to address you in regard to those settlements.

CHAIRPERSON: Yes, Mr Kajee.

MR KAJEE: Mr Chairperson, the Honourable Commissioners, I am glad to report that the civil claims that were lodged by victims of the Trust Feed Massacre have been settled this morning barring one, where assurances have been given to the effect that because ministerial permission is required these will be considered, and positively considered.

CHAIRPERSON: Yes.  What is the attitude of the applicants in respect - or rather of your clients to the application?

MR KAJEE: The attitude of the community of Trust Feeds is that they do not wish to give evidence in this matter in view of the fact that the civil claims have been settled.  They have indicated that they do not at this stage - they do not at all wish to give evidence to oppose the application.  The community is not happy that Mr Mitchell be given amnesty, and be released without
	/paying
paying the full price of his actions and serving the full sentence that has been imposed on him by Court, but they wish to make clear to the Amnesty Committee that they will leave the decision relating to whether amnesty should or should not be granted to the discretion of the Committee, as they believe that it is in the interests of reconciliation to take our country out of its dark past, particularly as Mr Mitchell has indicated, to an extent unofficially through his counsel, that he wishes that some kind of forum be established to enable him to obtain full forgiveness from, and reconciliation with, the community and family members whose lives he has so tragically affected.  The community of Trust Feeds has also requested me to advise the Amnesty Committee that they will try to forgive Mr Brian Mitchell if he becomes actively involved in the reconstruction of the community that he was responsible for destroying.
The application itself is not being opposed, it is merely left to the discretion of the Amnesty Committee.  Thank you, Mr Chairman.

CHAIRPERSON: Mr du Toit?