Amnesty Hearings — Johannesburg — 1998-10-13

MR MHLABA: I will definitely agree with the Chair and add that the bona fides of the applicant here are certainly not in doubt.
	This is displayed in the manner in which he has articulated the event, and the full disclosure which he has effected before the Committee.

CHAIRPERSON: Thank you.  Have you got any other submissions?

MR MHLABA: No, thank you Mr Chairman, I have not any.

CHAIRPERSON: Thank you.  Adv Steenkamp, any address?

UNKNOWN: Mr Chairman, just one or two things.  Although the victims are in principle not opposing the application, it is still the view of the victims, the family at least, that the applicant must carry the onus of at least convincing the Committee that he was able to meet all the requirements of the Act.
	It is the view of the family at least, that the act of the applicant was clearly not done with any political motive whatsoever, he was a trained soldier.  In the circumstances, he attacked a person on his own account, he wasn't really quite sure whether or not she was active in any political actions whatsoever.
	Furthermore, it is also the view of the family that the act of the applicant was not proportionate to the political objective sought and therefore he is not meeting all the requirements of the Act as stipulated, he could not discharge the onus as placed upon him by the Act, and his application must therefore fail.
	As you wish Mr Chairman, thank you.

CHAIRPERSON: Is it common cause that there was this conflict which the applicant referred to between the ANC and the IFP in that particular area?

ADV STEENKAMP: Yes Mr Chairman, that can be taken as common cause.  Thank you Mr Chairman.

CHAIRPERSON: Mr Mhlaba, do you wish to add anything further?

MR MHLABA: I've got nothing to add Mr Chairman, thank you.

CHAIRPERSON: Thank you.  Well, that concludes the testimony and the arguments in this matter.
	Again, we would need some time to formulate a decision and again we will communicate that decision to the parties once it is available.  Can we use the opportunity to thank the family for having attended the proceedings.  We hope having been given a better insight into the particular incident in question.
	Of course we are indebted to your assistance Mr Mhlaba in this matter.
	The decision of the panel is then reserved in this matter and will be made available in due course.

ADV STEENKAMP: As you wish Mr Chairman, thank you.

CHAIRPERSON: Now, it is late in the day.  I know that you had one matter which seems to have been a formality.

ADV STEENKAMP: Mr Chairman, I would suggest if you would allow me, that I rather deal with this matter early tomorrow morning, I can confirm certain documentation I am waiting for, and I think it is an appropriate time now rather, to deal with this matter tomorrow morning.
	That will be the role for today and if I may take the opportunity Mr Chairman, on behalf of the victims and the family in all the cases today, to thank you yourself and the Honourable Committee members, the families are indebted to you.  Thank you Mr Chairman.

CHAIRPERSON: Thank you.  Then just one final issue, I know that Mr Mhlaba is also appearing for the applicants in one of the matters which remain on the role and from what has been brought to my attention, there is not altogether clarity around the fate of those applications.
	I sincerely hope that you would be in a position to advise us tomorrow what the situation is with that remaining matter as well so that we are able to at least plan the rest of our session here.
	We will now adjourn and reconvene tomorrow morning at 9 o'clock.  We are adjourned.
COMMITTEE ADJOURNS