Amnesty Hearings — Durban — 1998-10-21

MR MBANDAZAYO: Thank you Mr Chairperson.
	Mr Chairperson, I will start by quoting Section 20, Sub-Section 1 of the Act which provides as follows:
	If the Committee after considering an application for amnesty is satisfied that an application complies with the requirements of the Act, the act, omission or offence to which the application relates to, an act associated with a political objective committed in the course of the conflicts of the past in accordance with the provision of Sub-Section 2 and 3 and the applicant has made full disclosure of all relevant facts, it shall grant amnesty in respect of that act, omission or offence.
	 Section 20, sub-section 2 provides:  In this Act unless the context indicates otherwise, acts associated with political objective means any act or omission which constitutes an offence or delict which according to the criteria in sub-section 3 is associated with political objectives and which was advised, planned, directed, commanded or committed within or outside the Republic during the period of 1st March to the cut off date by any member or supporter of a publicly known political organisation or liberation movement on behalf of or in support of such organisation in furtherance of political struggle, which by such organisation against the State.  Any of member of a publicly known political organisation in the course and scope of his duties and within the scope of his express or implied authority.  Any person referred to, paragraph (d) who on reasonable grounds believed that he was acting in the course and scope of his duties within the scope of his express or implied authority.
	Mr Chairperson, I submit that the applicants have complied with the requirements of Section 20, sub-section 1 and sub-section 2, that they were quite clearly acting on behalf of APLA a publicly known political organisation and liberation movement which was engaged in a political struggle against the State at the time.
	Mr Chairperson, I also submit that the applicants did not act for personal gain or out of personal malice or ill will or spite directed against the victims.  It is quite clear, Mr Chairperson, that they had no personal knowledge of the people and that they were merely sent by APLA, they were merely sent to assist a member of APLA in their operation.

CHAIRPERSON: No that's the first and second applicants.  Yes I think the third applicant he had a deeper knowledge of the nature of the operation and although he didn't participate on the ground activity, he assisted in the preparation thereof.

MR MBANDAZAYO: Thank you Mr Chairperson.  Yes, Mr Chairperson, with regard to the first two applicants Cuba, Seyisi and Cuba, Mr Chairperson, definitely they assisted Mr Chairperson and a member of APLA and of course Mr Chairperson the target, although they did not reach the target unfortunately it ended up killing and maiming other people and killing one of them Mr Chairperson.  Mr Chairperson, with regard to the third applicant, it's clear Mr Chairperson that he participated fully in the operation, he was aware, he was the person who knew how this member of APLA came to Durban and he knew about the mission though he did not participate Mr Chairperson.  Also that Mr Chairperson he told this court, this Committee Mr Chairperson, that the person who ordered, who instructed him to assist though he was a member, he was a senior member of APLA Mr Chairperson, though of course Mr Chairperson, I did not elicit that, just for the record, Sikumiso Ngobo, Mr Chairperson, he died in a car accident I think it was 1996 if I'm not mistaken Mr Chairperson.  A Member of the Committee, Mr Ilan Lax maybe can help me.

MR LAX: I can confirm we've heard testimony to that effect in other hearings.  I can't remember the exact precise date but it is correct.  Other witnesses have testified to that effect.

MR MBANDAZAYO: Thank you Mr Chairperson and that Mr Chairperson is not disputed that he was a high-ranking member of APLA, a member of the high command and he was in a position to give orders to other cadres, Mr Chairperson.
	Mr Chairperson, with the testimony of the applicants, there's nothing to contradict what they have put before this Committee, that what they have told the Committee is not the truth and the whole truth about their participation regarding that fateful day and the knowledge of the particular weapon which is the limpet mine which exploded on the day in question and therefore, Mr Chairperson, it is my respectful submission and I ask this Honourable Committee to grant the applicants the amnesty as they have complied with all the requirements of the Act, Mr Chairperson, unless the Committee wants me to address it on a specific point.  That's all.

CHAIRPERSON: Thank you Mr Mbandazayo.

CHAIRPERSON: Mr Nel do you have any submissions?

MR NEL: Thank you Mr Chairperson.  Once again I just want to state that I act on behalf of one of the victims, Miss Meyer, who is present at these or had been present at these proceedings.  My instructions from her and also her mother who is also here today is that they do not oppose the application for amnesty by the three applicants and in the spirit of reconciliation they have also, like the other persons who indicated to my colleague Mr Mpshe, forgiven the three applicants for what has happened, but I have been asked to add that it is with regret that we note that none of the applicants expressed their remorse for what happened to thirteen innocent people who as the first applicant stated who were unfortunately in the crossfire and we know it's not a requirement of the Act for the people to say I'm sorry, but as I said in the spirit of reconciliation it's with regret that we note that none of that was forthcoming.  Thank you Mr Chairperson.

CHAIRPERSON: Thank you Mr Nel.
   Mr Mpshe do you have any submissions to make?

MOKOTEDI MPSHE: Thank you Mr Chairman, Members of the Committee.  Mr Chairman and Members of the Committee, my learned friend Mr Nel and I are paddling the same canoe and I've no address to make.

CHAIRPERSON: Mr Mbandazayo, do you have any reply?

MR MBANDAZAYO: Thank you Mr Chairperson.  Except with the question of remorse, Mr Chairperson.  I know that it's not a requirement of the Act but of course Mr Chairperson, I've discussed with the applicants about this matter, Mr Chairperson.  They - we were of the view that they will be - I was going to approach the legal representative of the families, they wanted just to talk to them separately about his matter.

CHAIRPERSON: Yes they can certainly do that privately and if it's done and there is some accord between them and then that would be a very good thing if it could come about.

MR MBANDAZAYO: Thank you Mr Chairperson, that is what we were intending to do Mr Chairperson, we wanted to talk to them separately about the whole incident.

CHAIRPERSON: Thank you, Mr Mbandazayo.  Thank you, we will reserve a decision, it will not take long to make a decision in this matter but I prefer to hand down a written decision than give extempore matters.
	Mr Mpshe, sorry there's also the question, I almost forget it, we will require for purposes of the decision the identification of all the victims as well as, if possible, their addresses for purposes of referring their names to the Reparations Committee of the TRC.  So Mr Nel, if you could give details of the person you represent to Mr Mpshe and if Mr Mpshe could please compile a list for us of the victims and I think in the case of the Mkhize, I think if Mrs Grace Mkhize died as a result of the bomb blast then the victims will be her next of kin.

MOKOTEDI MPSHE: Mr Chairman, on the issue of Mrs Grace Mkhize the deceased, the daughter has confirmed that she was hospitalised for three months, discharged but thereafter she could not make it and in fact she died as a result of this incident.