Amnesty Hearings — Durban — 1998-11-30

MR WILLS: The Section 23 of the Act, the Promotion of National Unity and Reconciliation Act, subsection (d), that is 23(d) reads that the object or objective of the act, omission or offence, and in particular whether the act, omission or offence was, and I emphasise primarily directed at a political opponent.
	I submit that that intention, the intention of the legislature there is clear.  It doesn't insist that the action has to be directed...

CHAIRPERSON: Exclusively directed yes.

MR WILLS: Yes, indeed, thank you Mr Chairperson.

CHAIRPERSON: Thank you, we will reserve our decision and we will hand down a written decision hopefully in the very near future.
	Thank you Mr Mlaba, that concludes your hearing, a decision will be handed down some time in the near future.
Do you want a short adjournment now, while we reconvene in respect of the next application?

MR WILLS: Thank you Mr Chairperson, if the next applicant has arrived?

CHAIRPERSON: Perhaps we will take an adjournment now and if you can just let us know what the situation is regarding the application of Mr Xaba.
COMMITTEE ADJOURNS

CHAIRPERSON: We took an adjournment after the last hearing for - to await the arrival of the applicant in the next matter, that is namely the application of Mr Xaba.
	I have now been informed by Mr Wills, who appears for the applicant as well as Mr Shaw, who is representing victims or relatives of the victim and friends of the victim in this matter, that Mr Xaba has not yet arrived.
	The situation relating to Mr Xaba is that he was as you probably know, sentenced to serve a term of imprisonment arising out of the incident which is the subject of the application and that he was detained in the Pietermaritzburg prison.
	The notices, etc, the required notices for the hearing were sent to the Pietermaritzburg prison, but unbeknown to anybody, except the prison authorities and the prisoner himself, he was transferred, I am not sure when, but fairly recently, subsequent to Mr Wills having consulted with him, to the prison in Utrecht, which I am told is a substantial distance from here, about three, three and a half hours' drive.
	Arrangements were made this morning to have him brought here, to follow on the last hearing we did, and the expectation was that he would be here by about three because we were informed that he left, what time, about eleven o'clock?

MS THABETE: Half past ten Mr Chairman.

CHAIRPERSON: Half past ten this morning, which makes nonsense out of the three or three and a half hours that we thought it would be.  I don't know precisely, I have never been to Utrecht, but the fact is, he is not here.
	Tomorrow we have four matters set down for hearing and if we did start with Mr Xaba's application now, we would probably pick up a part-heard which is in itself, not very desirable.  It is not an impossible situation to have a part-heard, it often happens, but if it can be avoided, it is desirable to avoid picking up a part-heard and after consultation with Mr Wills, Mr Shaw and Ms Thabete, the Evidence Leader, it has been decided regretfully to have to postpone this matter to some date to be arranged amongst the legal representatives, for the hearing to be held some time in the future, which will not be this year because our roll has been finalised for the rest of the year.  It won't be able to be heard then, so it will be some time next year.
	I have said that it should be given priority in the setting down, and in the circumstances I apologise profusely to all persons who have been inconvenienced by this postponement.  It is as I say regrettable, but we are faced with the situation that is beyond our control really, and we just cannot start, it is already ten past four.
	It is not a matter that just from reading the papers, that one can or should deal with in a hurried manner at all.  Unfortunately then, the matter will be postponed sine die to a date to be arranged.
	The notification process will have to be gone through again, there will be fresh notices served, etc.  That is the situation with the application of Mr Xaba and once again I apologise for the inconvenience caused, but the matter is then adjourned to a date to be arranged.
	Thank you.  Is that the role for today then?

MS THABETE: Yes, Mr Chairman, it is.

CHAIRPERSON: What time do we start tomorrow morning?

MS THABETE: Nine o'clock Mr Chairman.

MR WILLS: I am happy with that time Mr Chairman.

CHAIRPERSON: We will then stand adjourned until nine o'clock tomorrow morning.
COMMITTEE ADJOURNS