Amnesty Hearings — Kimberley — 2000-02-04

CHAIRPERSON: Yes, thank you very much.  That concludes the formal part of the proceedings, the evidence that is presented to us.  I think you would understand if I say that the matter is an extensive one, there is a great deal of material and information that we have to take into account in order to decide this case, it is not an ordinary matter by any manner of means and we have to look at everything that was said here to us and all of the things that were said before in connection with this case very carefully before we can decide the matter.  Our duty as a Panel is to decide the two cases that have been presented to us against what the law says.  There are clearly spelled out requirements that an application for amnesty must comply with, so what we have to do is to look very carefully at what was said and all of the information and to test that against what the law says the requirements are and if the application complies with the requirements in the law, the Panel is left with no discretion, we have to grant the application under those circumstances.  Conversely if the application that has been presented does not comply with the requirements that are spelled out in the law, we again have no discretion, our hands are tied, we must simply execute what the law says we must do and in that case we won't be able to grant amnesty, so that is the process that we must engage in at this stage which is going to be one that will take some time, it's very hard to say beforehand how long it will take.  We always try our very best under the circumstances that we work in, which is of course no secret, is highly pressurised and very demanding.  There are many, many other matters that we are hearing whilst we are considering the cases that we've already heard, so we have to leave here, we must look at this application, it is a very big one and most of us will go into new cases next week, which we must hear, so we must find time in between all of this, to sit down and to decide the cases that we've heard, so it is not a very easy and straightforward matter to do, but even within those constraints we always attempt our very best to give our decisions as quickly as we can.  We know that there are often very important consequences that flow from the decisions and it is important for the people who are involved in the matter to hear what has happened and to get finality on the matter.  We are very much alive to that.
	But in all these circumstances, we are going to reserve our decision in this matter.  We will consider the applications and we will notify all of the parties, the legal representatives as soon as the decision is available in this matter, so we reserve the decision in the matter.  That also concludes our session, Mr Mapoma, if I'm not mistaken.

MR MAPOMA: Yes, Chairperson.

CHAIRPERSON: Thank you very much.  Well then, I would just like to take the opportunity to first of all thank the legal representatives for assisting us in a difficult matter.  It always helps a great deal to have the assistance of the lawyers on all sides in order for us to eventually come to a proper decision in the matter, so we never underestimate the assistance that we get from the lawyers.  Mr du Plessis, thank you very much, Mr Nompozolo for having come in under some pressure and at the last moment, at least making it possible for us to continue with this application, otherwise the consequences of having had to postpone the matter are too tremendous to even consider at this stage.  We are indebted to you for that.  Mr Smith, for looking after the interest of the victims ad the interested parties and Mr Koopedi for your assistance as well and Mr Mapoma, we appreciate that and also for all the other people who have assisted us in being able to have this hearing here.  It is not an easy matter to arrange a hearing, particularly of this magnitude in any area in the country and we appreciate the effort that goes into arranging a hearing of this nature.  We always appreciate that.
	Our staff, interpreters, the proprietors of the venue, South African Police Services and of course the members of the public and the interested people, in having taken the trouble to come here.  Often it's not convenient to do so and it goes with a great deal of sacrifice, but it's important for the process that we are engaged in, for interested people and members of the public to see the process and to feel that at least it attempts to serve the interests of everybody, the applicants for amnesty, the people who are affected by the actions that were taken and in that process, moving the situation in our country forward, further away from the past, which we would like to close the book on as soon as circumstances permit, but we do appreciate and it's important to have your presence here as well and then finally to my colleagues on the Panel with me, for their assistance.  I am indebted to you.  We're adjourned.
HEARING ADJOURNS