Amnesty Hearings — Bloemfontein — 1997-08-28

VELILE MXHOSANA: I didn't know exactly but according to the information I received he was arrested on the very same day.

CHAIRPERSON: Any questions Mr Mpshe?
NO CROSS-EXAMINATION BY MR MPSHE

SISI KHAMPEPE: Was Mr May also from Bloemfontein?

VELILE MXHOSANA: Yes.

CHAIRPERSON: And were these firearms, the three M-26 and one M-75 were they found at your house when you were arrested?

VELILE MXHOSANA: No, they have managed to get them where we have thrown them.

CHAIRPERSON: Thank you.
WITNESS EXCUSED

CHAIRPERSON: Any further witnesses?

MR MTHEMBU: No Mr Chairman, thank you.

CHAIRPERSON: Can we enquire Mr Mpshe whether the victim has arrived?

MOKOTEDI MPSHE: I will check Mr Chairman.

CHAIRPERSON: You are not calling any witnesses?

MOKOTEDI MPSHE: No Mr Chairman, thank you.
Mr Mpshe calls - Ephraim Makoloi, Ephraim Makoloi!

CHAIRPERSON: He is not here.

MOKOTEDI MPSHE: Apparently Mr Chairman he isn't here.

CHAIRPERSON: If you go to the application forms, the second applicant received a sentence of 19 years of which eight were to run concurrently, judging from paragraph 12, sub paragraph G, page 6.  And the first applicant, page 13, received 19 years, can that be correct?

MOKOTEDI MPSHE: Mr Chairman if I may clarify you, it is indeed so that they both received 19 years imprisonment, but eight years on some of the charges were to run concurrently, so effective that both to serve 11 years.  And then I believe they received either a reduction in their sentences by way of parole and they were released I think some time early this year.

SISI KHAMPEPE: Were they both released?

MR MTHEMBU: They were both released.

CHAIRPERSON: In fact they were ..(recording cuts out)

MR MTHEMBU: That is correct Mr Chairman.

CHAIRPERSON: The Committee will make known its decision in due course and notify you accordingly.

MR MTHEMBU: Thank you Mr Chairman.

MOKOTEDI MPSHE: Mr Chairman if the Chair allows me just to put some information on record for the convenience of the Chair inasfar as the decision is concerned Mr Chairman.

CHAIRPERSON: Please do.

MOKOTEDI MPSHE: I will not read, I will just refer the Committee to what I perceive to be important.

CHAIRPERSON: Yes, please do.

MOKOTEDI MPSHE: I will refer, Mr Chair and the Committee members, to a transcript of the record, page 123 pagination, page 123 line 18 to line 20 Mr Chairman.  Just briefly that is where a witness was concerned, a police officer, Mr J J Diedericksen who informed the Court that according to his opinion that this offence was politically motivated.
	And then I will move again with the Committee, still on the record, page 131 lines 18 up till the end of that page, overlapping onto page 132, lines 1 - 4.  To sum up what is said there Mr Chairman and members of the Committee, it is the judgment by the Court and the Court came out very clearly that this was a politically motivated offence and the accused then were Apla members and they acted under the instruction of the organisation.
	Then I refer Mr Chairman and members of the Committee to the bundle which is the application, page 32 to page 34, that is the letter from the office of the Attorney General endorsing what has been said by the magistrate to the pages I've referred members of the Committee.  That is all.  Thank you.

CHAIRPERSON: That is very helpful Mr Mpshe.  Thank you very much.

MOKOTEDI MPSHE: Mr Chairman then it is the end of the roll for the week.

CHAIRPERSON: The Committee will now adjourn.  Thank you very much gentlemen.
COMMITTEE ADJOURNS