Amnesty Hearings — Durban — 1999-05-03

CHAIRPERSON: I regret, but I think it is necessary, and my Committee agrees with me, to adjourn not only to hear the evidence of Beki Mkhize, but to hear any other relevant evidence which can be discovered during the period of the adjournment.  
	In this regard I draw attention to the fact that it would appear from the remarks made by Beki Mkhize, that he is going to deny that the applicant was acting on behalf of the IFP.  I therefore consider that it would be relevant to make inquiries of the IFP or prominent members of that organisation, both as to the role played by the applicant, because there has been no supporting evidence, and also of the classification, if I can use that word, of the political position of the victims.  We have had disputes as to whether persons who were victims were in fact members of the IFP or not.  We are going to, we hope, get a transcript of the, a copy of one of the cards issued, but I am of the view and I have discussed this with members of my Committee, that it would be relevant to inquire of any reliable sources in the IFP, as to the status of the applicant and other persons and to make similar inquiries of chiefs who have been referred to.  
	Also in the light of the possible conflict arising from the evidence of the post-mortem and the evidence of the applicant, that arrangements should be made for Doctor Botha to be available to give evidence at the adjourned hearing, and also that inquiries should be made of the relevant authorities to obtain access to dockets and matters of that nature and post-mortem reports relating to other persons who the applicant killed, allegedly acting on behalf of the IFP.
	These are inquiries which I feel should have been made earlier and I fully agree with the suggestion made by counsel for the applicant, that he should be supplied with copies of statements before the next hearing, so he can take instructions from his client and make such other inquiries as he deems fit.  By this I mean, if possible, that the copies should be given to him on the morning of the hearing, but given to him sufficient time before the hearing, that he can make such inquiries.
	And on that basis, it's impossible and I do not propose to attempt to lay down what inquiries should be made.  I do not think it the function of the Committee, it is the Leader's of Evidence to ascertain what evidence, relevant evidence they can find and to make it available.
	The matter will then be adjourned to a date to be arranged between the parties.  I regret to say I think it will be some time before the Committee is available as a Committee again.  In any event it seems it will be some time to make the necessary inquiries.  When I talk about Mr Mkhize, I do not mean that notes should be left for him telling him to come here, I mean that a subpoena should be served on him for the date of the adjourned hearing.  He did indicate that he was prepared to give evidence and I think that that should be followed up, and due notice given to anybody else.
	We will now then adjourn this matter to a date to be arranged.  I apologise again to all those interested people who have come to hear, with the hope of finally obtaining information.  As you can understand, we consider it important that we should follow up some of the information that you have given us, investigate it further, corroborate what you have said, if necessary and that is what we propose to do.  The hearing will be adjourned till we can get clarification on some of the matters that are at present clouded.  Thank you all.  We will now adjourn.  We adjourn till 09H30 tomorrow morning.
HEARING OF APPLICANT W M MBHELE ADJOURNED TO A DATE TO BE ARRANGED
COMMITTEE ADJOURNS