Amnesty Hearings — Pietermaritzburg — 1997-08-01

MOKOTEDI MPSHE: Now who was the leader of your group, the four of them which is a group?

BHEKI F MBUYAZI: Our leader, it was my brother Patrick who passed away.

MOKOTEDI MPSHE: Is Patrick not your brother who was killed and thereafter you decided to attack?

BHEKI F MBUYAZI: That's correct.

MOKOTEDI MPSHE: I'm referring to the time when you four met, who was at your leadership at that time Sebusiso, Tulani, Sipho and yourself, who was your leader there?  Sorry if I misled you.

BHEKI F MBUYAZI: There was no-one who was prominent, whom I could call a leader among us however we just discussed and agreed and concurred on what we're going to do.

CHAIRPERSON: How were the other three armed?

BHEKI F MBUYAZI: They were armed with axes.

SISI KHAMPEPE: All three of them?

BHEKI F MBUYAZI: Yes.

MOKOTEDI MPSHE: Mr Chairman, I know it is quarter past eleven - I still have some few questions to ask.  If the Committee would like ...(inaudible) an adjournment?

CHAIRPERSON: And the weapon you had was a sharpened iron rod, is that correct?

BHEKI F MBUYAZI: That's correct.

COMMITTEE ADJOURNS: .
ON RESUMPTION
BHEKI F. MBUYAZI: (s.u.o)

MR WILLS: ...(inaudible) of Advocate Mpshe.  I consulted with the Applicant on the basis of the veracity of both his instructions to myself and the evidence which he put before the Commission.  The Applicant admitted that his evidence and his instructions are not in fact the truth and as a result he has decided at this stage that he wishes to withdraw his application.  	Further I might add that whilst this is the case, he still feels a great
deal of remorse for the injury that he has caused and he has requested us to set up a meeting with the relatives of the victims and such meeting will take place after the conclusion of today's proceedings.

CHAIRPERSON: Thank you.  He realises that this withdrawal is permanent?

MR WILLS: He realises that the withdrawal is permanent Mr Chairperson.

CHAIRPERSON: Mr Mbuyazi, have you heard what your council has just said?

BHEKI F MBUYAZI: Yes, I heard him.

CHAIRPERSON: And it is correct that you are now withdrawing your application for amnesty, a permanent withdrawal?

BHEKI F MBUYAZI: Yes, that's correct.

CHAIRPERSON: I don't suppose there's any difference between a dismissal and a withdrawal at this stage because we are seized of the matter but I wish to make it clear that the Applicant has been informed that this is a permanent withdrawal, that he will not be able to proceed with his application for amnesty further and in no circumstances - it doesn't - it appears to me to be highly technical to say whether we dismiss or ...(inaudible) withdraw so we will commit the application that has been to withdraw the application for amnesty from consideration by the Amnesty Committee, thank you.

MOKOTEDI MPSHE: Thank you Mr Chairman.

MR WILLS: Thank you Mr Chairman.

MOKOTEDI MPSHE: Mr Chairman, with your permission and members of the Committee, before we adjourn for the day - yesterday's matter Dumisani Mthembu - the Chair and Committee members will recall that an order was given that the state attorney's office be contacted to assist one of the victims who was present yesterday - attempts were made and we discovered that there is no state attorney in Pietermaritzburg but in Durban and we then decided that it's going to take time to get in touch with the state attorney's office - together with the witness who was here yesterday we agreed that the matter be postponed to Durban to a date to be determined.

CHAIRPERSON: I would rather not fix a place.  It might be that we are having a hearing somewhere else that it fits into conveniently so I thinks it's, rather let us adjourn it to a date to be arranged.

MOKOTEDI MPSHE: I'm indebted to you Mr Chairman, thank you.

BHEKI F MBUYAZI: Yes, thank you Mr Chairman.

CHAIRPERSON: I'm not aware of how many other applications we may have in these areas, it may be that we will have a sitting somewhere else which is perhaps more convenient and a smaller hall if there are various halls available in some of the rural areas, so I won't fix a place.
	Before we adjourn permanently I would like to thank all those who have assisted us in the course of the hearing, they've had to do some unusual 
tasks, thank you all very much.  We will now adjourn.
COMMITEE ADJOURNS