Amnesty Hearings — Bloemfontein — 1997-03-27

MOKOTEDI MPSHE: Patrick Pahlane on the indictment and then there is a count five, there is a "opsetlike site beskadiging", malicious damage to property as count five on the indictment, page two thereof for having burnt the motor, damaged the motor vehicle of Edward Pahlane.  Then my learned friend has not addressed the Committee in as far as the arson is concerned.  That is count three on the indictment.

JUDGE MGOEPE: Well, I think just, he was, just give us the counts on which he was convicted because we cannot hear this one aspect, the one matter and then some day come back to hear another one.  Just give us the counts on which he was convicted, all of them.

MOKOTEDI MPSHE: Okay.  Then I will revert to the judgment.  First he was convicted on ...

JUDGE WILSON: What page is it on?

MOKOTEDI MPSHE: It is page 277 written "uitspraak".

ADV DE JAGER: (Indistinct) I, ours (indistinct) been numbered in that way.  I have got ...

INTERPRETER: The speaker's microphone is not on.

JUDGE WILSON: Ours starts on one, number one and goes to number 17.

MOKOTEDI MPSHE: That is so, Mr Chairman, that is so.  Mr Chair, if you are not (indistinct).

INTERPRETER: The speaker's microphone is not on.

MOKOTEDI MPSHE: Sorry.  I came to chambers on Tuesday and I
informed the Committee members that the judgment herein 
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bound is incomplete.  I have asked for a fuller judgment which was sent to me together with the judgment on sentence and I handed two copies to the Committee members in chambers.

MR NEMANE: Mr Chairman, if I may be of assistance, in respect of the charge of murder on the indictment, the applicant was convicted of attempted murder.  In respect of the attempted murder on Patrick Pahlane he was duly convicted of attempted murder.  In the, on the count of arson he was convicted of malicious damage to property on the shop of Mr Pahlane and there is the malicious damage to property, that is count five now on the indictment.  That relates to the malicious damage of the, to the vehicle of Edward Pahlane, the son of the deceased Susan Pahlane and he was also convicted of assault and it is not clear to me whether it was assault GBH or assault common, but it would appear that he was convicted of assault GBH.

ADV DE JAGER: (Indistinct) one.

MR NEMANE: On count four, my Lord.

ADV DE JAGER: Mr Mpshe, could you kindly help me.  This document that has been handed to us, it starts "vonnis" without any heading.  To which matter does this relate?

MOKOTEDI MPSHE: It starts "vonnis" and it starts on page three (indistinct).

INTERPRETER: The speaker's microphone is not on.

ADV DE JAGER: Three to nine, that is right.

MOKOTEDI MPSHE: (Indistinct) this indictment I attached to the judgment as well and I indicated this as in the Menera matter.  It goes with the judgment and it will be indicated on this side, there is a number four written on the side
thereof.  
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JUDGE WILSON: Right, now you have told us, are you applying to amend the application?

INTERPRETER: The speaker's microphone is not on.

JUDGE WILSON: Are you applying to amend the application to cover the count of attempted murder on which he was convicted on count one, the count of attempted murder which he was convicted of a count two, the charge of malicious damage to property on which he was convicted in respect of count three, the charge of assault with intent to do grievous bodily harm on which he was convicted in respect of count four and malicious damage to property in respect of which he was convicted on count five?

MR NEMANE: That is ...

JUDGE WILSON: Is that your application?

MR NEMANE: That is correct, my Lord.

JUDGE WILSON: And that has nothing to do with escaping from custody?

MR NEMANE: Yes and he was also convicted, Mr Chairman, of escape from lawful custody and he also applies for ...

JUDGE WILSON: But when?

MR NEMANE: ... amnesty.

JUDGE WILSON: Whose custody?

MR NEMANE: Mr Chairman, he escaped from lawful custody.  Presumably that is the police or a prison.

JUDGE WILSON: When, what date?

MR NEMANE: Mr Chairman, the date is not known to me at this stage.  I will provide the date at a later stage.

JUDGE WILSON: Well, we cannot, I am afraid we cannot accept an application.  We have had numerous cases where the applicant has attempted to escape more than once.

MR NEMANE: Well, in this matter, Mr Chairman, the
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applicant attempted to escape only once.

JUDGE WILSON: Well, where is it, have you got any documentation relating to that?

MR NEMANE: Mr Chairman, I did not look to find a date nor do I recall seeing a date.  However, ...

JUDGE MGOEPE: Do you intend to make an application for amnesty and then argue that escape from custody was an act associated with a political objective?  Is that what you are intended to do?

MR NEMANE: That is correct, Mr Chairman.

JUDGE MGOEPE: I do not think we are, we will be inclined to grant that kind of an amendment to include that, Mr Memani.

MR NEMANE: Mr ...

ADV DE JAGER: You see there is no basis in the whole application.  Nothing is mentioned about an application about escape.  There is not a word of escape mentioned in this application as far as I can see.

MR NEMANE: Mr Chairman, I have already indicated that the applicant did, he completed the form on his own.  I have only recently be instructed to act for him and I have done my best in the circumstances and the fact that he does not mention it in his application, in my submission, should not be fatal to his, to him applying for it.  He is not ...

ADV DE JAGER: He could apply therefore, but the Act prescribes that he should file a written application with sufficient particulars and we have not got a written application about escape at all.

MR NEMANE: Mr Chairman, my submission is that as far as the requirement that the application should be in writing, there is substantial compliance with that requirement having regard to the fact that the applicant did the application
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himself and the applicant is not a literate person.  My instructions are that he went to school up to standard five.  He was not ...

JUDGE WILSON: There is no mention in this application of any application in respect of amnesty in regard to an escape.  We are not prepared to hear an application to include an additional charge, an additional offence which has not been mentioned in the application before us.  We will grant leave to amend the existing application in the manner which I have already mentioned, that is in respect of the charges of which he was indicted and convicted.  We are not prepared, at this stage, to entertain an application for amnesty in respect of a completely separate offence which was not mentioned in the application filed in terms of the Act and no other documentation has been filed in respect of this other offence.  We accordingly proceed with the application in respect of the offences on which he was convicted by Mr Justice Beckley.

MR NEMANE: As the Chairman pleases.  Now, now Mr Menera, will you tell this Committee about the, your relationship with Mr Pahlane prior to 14 July 1992 when his house was, when he was, when his wife was killed?

JACK MENERA: I was first going to request from this Committee that I say something before I start giving my evidence in regard to my application.

MR NEMANE: Mr Chairman, he is making a request to the Committee to address, it is not ...

JUDGE WILSON: What is your attitude?

MR NEMANE: I am not aware of the matter that he wishes to address the Committee on.  I am taken by surprise, Mr
Chairman.
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JUDGE WILSON: Would you wish to consult with him before he does so?

MR NEMANE: I will appreciate that opportunity, Mr ...