Amnesty Hearings — Cape Town — 1999-10-27

CHAIRPERSON: Good Morning.  We want to continue with the proceedings.  Just for the record it is Wednesday the 27th of October 1999 and we are continuing with the application of Mr Yekwani in respect of the Jack Incident.  The Panel and the appearances are as have been indicated earlier on the record.  Mr Jamie, have you got any further evidence that you intend to represent?

MR JAMIE: Mr Chairperson, I understand that Ms Patel has now spoken to Mr Toyise.  Perhaps in the light of that, I'm sure she'll place on record, I don't have any further witnesses.

CHAIRPERSON: Yes.  Thank you Mr Jamie.  Perhaps, Ms Patel, you can just deal with that question of Mr Toyise.

MS PATEL: Alright, thank you Honourable Chairperson.  I wish to place on record that I consulted with Mr Toyise regarding his statement which forms part of the bundle, page numbers 19 to 21 and he indeed confirmed the contents thereof to me and I guess that sorts out the question of whether he should be called, or not.  Thank you.

CHAIRPERSON: Yes, that will form part of our record and the parties would be at liberty to deal with it.  Thanks.  Whilst you are at it, do you intend to present any evidence?

MS PATEL: No I do not, thank you Honourable Chairperson.

CHAIRPERSON: Thank you very much.  Mr Williams, what is your situation?

MR WILLIAMS: Thank you, Mr Chairperson.  Mr Chairperson I'm not going to present any witnesses.

CHAIRPERSON: Thank you Mr Williams.  Yes, that would then conclude the evidence.  Mr Riley, are you in a position to address us on the merits of the application?

MR RILEY: Thank you, Mr Chairperson.  We are in a position to address you on the merits.  The applicant has however requested that I place the following on record, prior to the address.

CHAIRPERSON: Yes.

MR RILEY: It particularly relates to the fact that first of all the TRC has made attempts to further identify and locate the individuals who were part of his unit on the night that Mr Pro Jack was killed.  Inquiries were made at the Browns Farm, Nyanga area, but unfortunately no further information was obtained and these persons could not be traced there.  The TRC further traced one of the alleged co-perpetrators, Kobane, to the South African National Defence Force at Kimberley, but follow-up information showed that there was no record of that individual there.  The applicant himself has advised that Michael had, in the interim, passed away, he's deceased so regrettably the Committee will not have the benefit of their evidence.
	The applicant has also asked that it be placed on record that and the TRC Investigative Unit can confirm this, that attempts were made to obtain a copy of the report of an investigation that was done by the ANC in respect of the death of Mr Pro jack.  According to the TRC the ANC have advised that this document cannot be traced.  Regrettably once again there is therefore no evidence in this regard before this Committee to assist in reaching the truth about what had allegedly then been found.  That is all in so far as these aspects are concerned.  
	The applicant has requested as part of the argument, that he be allowed a final opportunity to address the Committee on the issue of the granting or not of amnesty.
Thank you.

CHAIRPERSON: Yes, thank you Mr Riley.  We have noted what you have placed on record.  Often the lapse of time plays havoc with one's wishes to present a full picture of what happened, so we're aware of the practicalities that arise in these matters, but we've noted what you have said.  Yes, you can proceed to deal with the merits and then I assume once you're done, your client would want to make a further statement, so we'll deal with your submissions first.

MR RILEY: Thank you, Mr Chairman.