Amnesty Hearings — Durban — 1998-10-23

MR LAX: The other aspect that I was just wanting you to clear up for me is, in relation to the taxi driver, there was an attempted robbery of that vehicle and your address hasn't covered that at all.

MR MCHUNU: The attempted robbery, thank you for that Chairperson ...

CHAIRPERSON: One could even call it a robbery really, because he did get control of the vehicle, although not for a long time.

MR MCHUNU: Thank you.  Thank you for that Chairperson and members of the Committee.  The robbery actually or the attempt to do so, by the applicant and other members, was also in the furtherance of their objectives, in that - of their main objective actually - in that it was meant to take them to a specific point, where they would get a get away car.  They were using this vehicle, the taxi, to run away from the scene.
	Unfortunately, it capsized before it could get anywhere, and (2) there is another point which I also need to mention.  I believe that the member of the Committee, wants to get straight into it, that is the robbery of cash which was put to the applicant by my learned friend.
	The applicant has also explained in his evidence, that he knows nothing about this, but he has also not excluded the possibility of this having happened.  In a situation like that, and in many instances, it is not uncommon to find others who would take that opportunity, who would be opportunistic enough to in the process of executing any particular mission, to further their own personal objectives in robbing and I believe that this is the case here.
	The applicant does not know of that incident of the taking of cash, but he does not exclude that possibility because they were many.

CHAIRPERSON: And it wasn't part of the original plan or intention to steal cash?

MR MCHUNU: That is correct Mr Chairperson.

CHAIRPERSON: Thank you Mr Mchunu.  Mr Falconer, are you going to address us.

MR FALCONER: I believe so, thank you Mr Chairman.

CHAIRPERSON: Thank you.

MR FALCONER: Mr Chairman, with your leave, I would like to open with the preliminary matter which is not addressed to the merits of the application.  It does however relate to what in my submission is a grave injustice which has emanated from these proceedings, and I believe that it is incumbent upon me to put it before yourself.
	Mr Chairman, as you aware part of the statutory objects of the Truth and Reconciliation Commission is exactly to achieve as true a picture as possible, of the past unfortunate history of this country.
	Ultimately to hopefully end up with some form of reconciliation.  It is for that very purpose that my understanding is the Truth and Reconciliation Commission is open to the public and to the media, the mass media, to enable the country to benefit from this process.  Only under very extreme circumstances will the public and the media be circumvented from attending.
	Mr Chairman, it has been brought to my attention that following the application proceedings in this matter the other day, various articles were carried in amongst others the Daily News publication on the 21st of October, entitled politician named as hit-squad boss, IFP hit-man confesses.  I am also given to understand that there have been similar publications in the Mercury and also that there have been broadcasts to this effect on the SABC.
	Regrettably Mr Chairman, what is contained in all of these broadcasts is an implication of someone who was never ever mentioned, by the applicant in his papers, or in his viva voce evidence before this Commission.  Mr Senzo Mfayela, a member of Parliament in Cape Town, has been unlawfully implicated in the so-called alleged hit squad activities, and it is also suggested that he "was a killer" and it goes on to state that he essentially had hand in giving instructions which resulted in the deaths of persons in Ndwedwe.
	As you are aware Mr Chairman, Mr Dinkiziwe Mfayela an MPP of the Provincial Legislature of kwaZulu Natal, was implicated and so too, was a Mr Semo Mfayela.  No evidence whatsoever has implicated Mr Senzo Mfayela.
	I have been instructed by Mr Senzo Mfayela, to place his feelings before you in the hope that, and I implore you Mr Chairman, if there is a means at your disposal, to please urge the mass media, to be more responsible in the manner in which it reports.
	We all know the law relating to public liability in respect of the law of deformation.  It is for that very reason that we've got very strict doctrines that apply.  In most cases, the damage that has been done, is irreparable.  Once there is a slur made on a person's name, it is very difficult to repair that.
	In the circumstances Mr Chairman, I bring this to your attention under instructions of my client, and he obviously has remedies at civil law, which he will pursue.

CHAIRPERSON: Thank you, sorry I interrupted you.

MR FALCONER: On that point, I am finished, Mr Chairman.

CHAIRPERSON: Thank you Mr Falconer, yes the evidence before us related to Mr Dinkiziwe Mfayela and the son, Senzo Mfayela.  I certainly can't recall Mr Gwamanda mentioning Mr Senzo Mfayela and we certainly don't know how the name of Mr Senzo Mfayela came to appear in the reports.
	I agree with you that there is a huge responsibility on the media to report accurately in regard to such matter, particularly matters of such a sensitive and important nature.  Thank you.