Amnesty Hearings — Johannesburg — 1998-09-16

CHAIRPERSON: We're now in session.  Mr Mapoma, is it the matter of Sonny Johannes Sibiya?

MR MAPOMA: Yes, sir, I confirm that is the matter.

CHAIRPERSON: Thank you.  For the record, it is Wednesday, 16 September 1998.  It's a sitting of the Amnesty Committee hearing the application of Sonnyboy Johannes Sibiya, case number 3381/1996.  My name is Denzil Potgieter presiding, with Advocate Sigodi and Mr Lax on behalf of the Commission.  Mr Mapoma, would you put yourself on record?

MR MAPOMA: Thank you, Chairperson.  My name is Zuko Mapoma, the evidence leader for the Amnesty Committee.

CHAIRPERSON: Thank you very much.  Mr Mbandazayo?

MR MBANDAZAYO: Thank you, Mr Chairperson.  My name is Lungelo Mbandazayo.  I'm representing the applicant in this matter.  Thank you.

CHAIRPERSON: Thank you very much, gentlemen.  Mr Mapoma, are there any interested parties in this matter and if so, what is their situation?

MR MAPOMA: Yes, Chairperson.  In this matter the victims have been notified.  They stay in Bethal, the Dludlu family, but we have not received any response from them as to their interest in the matter and they are also not attending.  They are not here to attend the hearing.

CHAIRPERSON: Are you satisfied that they have in fact duly received the notification?

MR MAPOMA: Yes, Chairperson.  The steps that were taken were that the notice was faxed to the Post Office in Bethal and a member of the staff of the Post Office was requested by our evidence analyst to deliver the notice personally to the family of the deceased.
	Then telephonically a response was received from the person who was requested to the effect that he has delivered the notice and in fact what he reported to the evidence analyst was to the effect that the mother and father of the deceased said they do not want anything to do with this particular matter.  So they did not respond, and apart from that, Chairperson, a number of letters were written by our evidence analyst, even prior to the specific request for someone to deliver the notice, advising them of this application and requesting their views regarding the matter.  Unfortunately we did not receive any response from the family.  It is against this background therefore, Chairperson, that I am of the submission that all reasonable steps were taken to notify the victims about this matter.  And therefore, sir, I ask the Committee to proceed to hear this matter.

CHAIRPERSON: Thank you, Mr Mapoma.  Mr Mbandazayo, do you want to say anything in regard to this particular issue or not?

MR MBANDAZAYO: Thank you, Mr Chairperson.  Not necessarily on the question of the victim, but in connection with the application.  As usual, Mr Chairman, I think you don't have the signed ones because I was doing it on a computer and also I want to put it to the Committee that you must know that there are some typographical errors because I was doing it overnight, the typing on a computer.  So, we'll correct them as we go along in this matter.  Thank you, Mr Chairman.

CHAIRPERSON: Thank you.  No, no, that's no problem.  We'll deal with that.  Mr Mapoma, the panel is happy to proceed to hear the matter in view of all the steps that you have outlined were taken in order to give notice and to give an opportunity to the family if they so wished to participate.  So, we will proceed to hear the matter.  Is there anything else that you wish to place on record before we proceed?

MR MAPOMA: Thank you, sir, that is all.  Nothing else.

CHAIRPERSON: Thank you very much.  Mr Mbandazayo, we've taken note of what you had already said.  Is there anything else you want to raise before we hear the application?

MR MBANDAZAYO: None, Mr Chairman.

CHAIRPERSON: Would you like your client to be sworn in?

MR MBANDAZAYO: Yes, Mr Chairman.

MR LAX: Will you please rise.

SONNYBOY JOHANNES SIBIYA: (sworn states)

MR LAX: Sworn in, Chairperson.  You may be seated.

CHAIRPERSON: Thank you, Mr Lax.  Mr Mbandazayo?

MR MBANDAZAYO: Thank you, Mr Chairperson.  Mr Sibiya, the affidavit which is in front of you is also before the Committee.  Do you confirm that this affidavit was made by yourself and you also abide by its contents?

SONNYBOY JOHANNES SIBIYA: That is correct.