Amnesty Hearings — Cape Town — 1997-07-08

CHAIRPERSON: ...the death of Amy Biehl. Before commencing proceedings I should place on recordthat the original date by which applications for amnesty had to be lodged wasthe 14th of December 1996. It was announced that this date was to be extendedto the 10th of May 1997. This decision has yet to be promulgated in the Gazetteand it is anticipated that this is due to take place shortly.
	Of the four applicationsbefore us three were lodged after the original closing date, one was lodgedtimeously. The date for today's hearing was finalised to meet the convenienceof Mr and Mrs Biehl, the parents of the deceased Amy Biehl, they are here today,they have come from America to attend these proceedings. The Committee has thereforedecided that notwithstanding the fact that the closing date has yet to be proclaimed,overall convenience to all parties, including the applicants, dictates thatthe hearing should proceed today. I trust that this meets with the agreementof counsel for the parties concerned.

NORMAN ARENDSE: Thank you Mr Chairman, just for the record, Norman Arendse, I'm appearing togetherwith my colleague Advocate Gozo. We are both from the Cape Town Bar, we havebeen provided with legal assistance by the TRC to represent the applicants inthis matter. We don't have any objections with the proceedings going ahead onthe basis as outlined by you Mr Chairman.

CHAIRPERSON: Thank you. I think that it should be made known to people that we have channelsof interpretation in three languages, namely English, Afrikaans and Xhosa. Simultaneoustranslation or interpretation is made available to all parties.
	The order inwhich the applicants are sitting should be placed on record. Will you tell usin which order they are sitting Mr Arendse?

NORMAN ARENDSE: Thank you Mr Chairman, learned members of the Committee. On my far right isNtombeko Ambrose Peni. Next to him Eazi Mzikhona Nofemela. Next to him MongesiChristopher Manqina, and next to him Vusumzi Samuel Ntamo.

CHAIRPERSON: Thank you. Mr Brink is there anything else you wish to say before we commence?

CROSSBY MR BRINK: Yes Mr Chair. I would place on record that all the victims involved in thisincident, in other words those who were assaulted in some way or another weretimeously notified about the hearings today and I am informed that they havedecided that they do not wish to attend.

CHAIRPERSON: Mr Arendse you may begin.

NORMAN ARENDSE: Thank you Mr Chairman, learned members of the Committee. Subject to your furtheror any other directions, we wish to propose dealing with this matter in thefollowing manner. We have prepared written sworn affidavits on behalf of theapplicants, they have been prepared in English for everyone's conveniences.We propose, that's myself and my colleague Ms Gozo, propose reading their affidavitsinto the record. The applicants individually can then confirm the contents ofthese affidavits. They will then, after we have read their affidavits into therecord and they've confirmed them, they are then available for questions fromthe Committee and from Mr Brink.
	Before we dothat, Mr Chairman we have prepared an opening statement which I would requestmy colleague Ms Gozo to also read into the record with your leave Mr Chairman.

CHAIRPERSON: Yes Ms Gozo you may proceed.

ADV GOZO COMMITTEE: Thank you Mr Chair. Mr Chair and members of the Committee, the names of theapplicants have already been read into the record.
	This is an incidentin which the deceased, Amy Biehl, a Fullbright scholar and an American citizenwas killed. 	This incident took place on the 25th of August 1993 at about4:40pm at NY 1 road in Guguletu. Nofemela, Manqina and Ntamo were convictedand sentenced on the 24th of October 1994 in the High Court in Cape Town inCase No SS136 of '93. Peni was subsequently arrested, tried and convicted andthen sentenced. They were all convicted of murder and they are presently servingtheir sentences. 
	Mr Chair I wishto put in front of the Committee today that this act constituted gross violationsof human rights as contemplated by the Promotion of National Unity and ReconciliationAct of 1995, Act No 34 of 1995. The applicants submit their applications interms of Section 18 of that Act. The applications are made on the grounds thatthese acts were associated with a political objective as defined in that Act.The applications appear from pages 1 to 33 of the record. It is submitted thatit will appear from these applications and from the sworn statements that arepresented and sworn to on behalf of the applicants, that the applications fullycomply with the requirements of the Act.

BERNARD MAKGABO NGOEPE: No that is not correct, that is subject to the proviso that the closing datewill be promulgated.

ADV GOZO COMMITTEE: That is correct and I thank Justice Ngoepe for the correction.

BERNARD MAKGABO NGOEPE: At least with regard to the three.