Amnesty Hearings — Durban — 1999-11-15

ZANZILE TERRENCE DLAMINI: Yes, that's correct.

MR MAPOMA: Were they involved in these particular operations, that is the attack on the school and the police station?

ZANZILE TERRENCE DLAMINI: No.

MR MAPOMA: Are those the offences for which they were convicted as well, or were they convicted of different acts?

ZANZILE TERRENCE DLAMINI: Different cases.

MR MAPOMA: Thank you.  Thank you Chairperson, I got no further questions
NO FURTHER QUESTIONS BY MR MAPOMA

CHAIRPERSON: Thank you, Mr Mapoma.  Has the Panel got any questions?

ADV SANDI: No Mr Chairman.

ADV BOSMAN: ...(indistinct - mike not on)

CHAIRPERSON: Yes, any re-examination?

MR PANDAY: No Mr Chairman.
NO QUESTIONS BY MR PANDAY

CHAIRPERSON: Mr Dlamini, you are excused.
WITNESS EXCUSED

CHAIRPERSON: Is there any other evidence you are tendering?

MR PANDAY: No, Mr Chairman.

CHAIRPERSON: Is that the applicant's case?

MR PANDAY: Yes, Mr Chairman.

CHAIRPERSON: Mr Mapoma are you tendering any evidence?

MR MAPOMA: No further evidence Chairperson, thank you.

CHAIRPERSON: Yes, have you got any submissions, Mr Panday?

MR PANDAY: I shall not burden the Commission too long.

MR PANDAY: It is quite clear from the evidence led by the applicant that the purpose of the attack on the mobile police station as well as the Sobanto High School that was used as a temporary military base, was obviously for the furtherance of a political objective, a political cause of that of the ANC which at the time was, as it is common knowledge, a liberation movement and these attacks were solely for the purpose of uplifting that liberation organisation and furthering the cause of the organisation.
	From the evidence it may be inferred, or it is clear that the existence of the military base as well as the police station would have suppressed this organisation and the attacks were purely for that purpose and as such the applicant was acting for the promotion of the liberation organisation and accordingly we submit that he should be entitled to the application.

CHAIRPERSON: Thank you Mr Panday.  Any submissions Mr Mapoma?

MR MAPOMA: Nothing Chairperson.

CHAIRPERSON: Yes, I assume you don't have anything further?

MR PANDAY: No, Mr Chairman.

CHAIRPERSON: Thank you.  Yes, that concludes the formal aspect of this application.  The Panel will endeavour to formulate a decision in this matter as soon as circumstances permit when we will notify the parties.  So under those circumstances, the decision in this matter is reserved.

MR PANDAY: As Mr Chairman pleases.

CHAIRPERSON: Mr Panday, we thank you in anticipation.  We know you've got some further business here, but thank you for your assistance.

MR PANDAY: Thank you Mr Chairman.  Mr Chairman, may I be temporarily excused?

CHAIRPERSON: Yes, indeed.

MR PANDAY: Thank you.

CHAIRPERSON: Won't you just switch off that microphone as well while you are at it?  Thank you very much.  Mr Mapoma, what is the next matter?

MR MAPOMA: The next matter Chairperson will be that of Osmond Nkwanyana and Mpilo Khuzwayo.  They are both legally represented but I do not see their legal representatives here now.  Perhaps ...

CHAIRPERSON: Perhaps somebody will just have a, will just see where they are.  Both the applicants are here, are they?

MR MAPOMA: Yes.

CHAIRPERSON: Messrs Nkwanyana and Khuzwayo.

MR MAPOMA: Yes, they are here, in fact the legal representatives are here as well.  I wonder Chairperson ...

CHAIRPERSON: Were they possibly still consulting with them?

MR MAPOMA: Yes when we are dealing with this matter, I wonder Chairperson, if it's not a convenient time to break perhaps?  I see it's 11 o'clock.

CHAIRPERSON: Yes, I wonder, can somebody just ascertain whether they are able to proceed?  Oh, okay.  You don't have your list of ...(microphone turned off)