Amnesty Hearings — Cape Town — 1999-10-19

MS PATEL: Sorry, Honourable Chairperson, before my learned colleague proceeds, I said before the adjournment that I was through, bar anything from the families.  There's just one final thing that I would like to put or place on record in respect of Mr Jansen.

CHAIRPERSON: Yes, certainly.

MS PATEL: And Mr Hlapo, just to let you know that Mr Jansen, my instructions are, he was a building contractor and often worked in the townships and that is how he found himself in the area on that specific day.  Thank you, Honourable Chairperson, that is all.

JOHANNES AFRICA MASWENG HLAPO: Thank you.

CHAIRPERSON: Thank you, Ms Patel.   Yes, Mr Crossley, have you got any re-examination?

MR CROSSLEY: Honourable Chairperson, I have no re-examination of Mr Hlapo at this stage.
NO RE-EXAMINATION BY MR CROSSLEY

CHAIRPERSON: Yes, Mr Hlapo, you're excused.  Thank you very much.

JOHANNES AFRICA MASWENG HLAPO: Thank you.
WITNESS EXCUSED

CHAIRPERSON: Have you got any other evidence that you intend to present?

MR CROSSLEY: Honourable Chairperson, we have no further evidence to present to the Commission at this stage.

CHAIRPERSON: Is that the case for the applicant?

MR CROSSLEY: If I may make some brief submissions to the Commission.

CHAIRPERSON: Yes, but in terms of the evidence, that's his case?

MR CROSSLEY: There's no further evidence to be led.

CHAIRPERSON: Ms Patel, do you intend to lead any evidence?

MS PATEL: No, I do not.  Thank you, Honourable Chairperson.

CHAIRPERSON: Yes, Mr Crossley, have you got any submissions on the merits of the application?

MR CROSSLEY: Thank you.  I have very brief submissions to make, Honourable Chairperson.   This is a very unique application.  In my submission, Mr Hlapo has come forward, having served his term of sentence.  He's come forward of his own free will, in the spirit of reconciliation and the building of a new and prosperous South Africa, to say he's sorry, ask for forgiveness and apply for the amnesty and the expunging of his criminal record.
	My submission is that he has complied with the requirements for amnesty as set forth in his affidavit and is amplified by his evidence today, and I accordingly ask that amnesty be granted as prayed and that his criminal record be expunged.  Thank you.

CHAIRPERSON: Yes, thank you, Mr Crossly.  Ms Patel, have you got any submissions?

MS PATEL: Thank you, Honourable Chairperson.  My instructions are to leave the matter in your capable hands, thank you.

CHAIRPERSON: Yes, thank you, Ms Patel.  I assume you wouldn't have anything further to add.

MR CROSSLEY: I have nothing further to add.

CHAIRPERSON: Yes, thank you.  That does conclude the formal proceedings.  The Panel will consider the application and will notify the parties once the decision in the matter is available.
	We have noted, Mr Hlapo, your desire to make contact with the next-of-kin of the deceased in these matters.  This is obviously one of the many difficult matters that come before us, in terms of the grief and the suffering that is involved and we know it's often complex matters to deal with.  We express the hope that it's possible to explore the possibilities of making some contact between the parties.  We trust that Mr Crossley and Ms Patel will do their best endeavours to possibly facilitate that process and hopefully there is some potential for something positive to be done in this regard.  But in the interim the decision of the Committee will be reserved and will be announced at a later stage.
	Mr Crossley, we thank you for your assistance at this stage.  Ms Patel, is that the roll for the day?

MS PATEL: That's the roll for the day unfortunately, Honourable Chairperson.  We're not able to bring tomorrow's matter forward to today because the attorney for the applicant is not available today.  So that's the roll, thank you.

CHAIRPERSON: Yes, we have assumed that there would be a difficulty in bringing the next matter on the roll forward.  So under those circumstances we will adjourn the proceedings and we will reconvene tomorrow morning at 9 o'clock.  We're adjourned.
COMMITTEE ADJOURNS