Amnesty Hearings — Port Elizabeth — 1997-09-08

CHAIRPERSON: This is a sitting of the Amnesty Committee, whose members are;  myself as Chairman and on my right, Adv Denzel Potgieter and on my left, Adv Sandi.
	This morning we'll be commencing to hear the application of Mr G J Nieuwoudt.
	Mr Mpshe, are we ready to begin?

MOKOTEDI MPSHE: Thank you, Mr Chairman.  Yes, Mr Chairman and members of the Committee, we are ready to commence.  May I request via the Chair's permission for the lawyers to put themselves on record, thank you.

CHAIRPERSON: Who is appearing for the applicant, Mr Van der Merwe?

MR VAN DER MERWE: Yes, Mr Commissioner and my name is Francois van der Merwe.  I'm appearing for the applicant.  I'm an attorney in Port Elizabeth, stationed at the firm Van der Merwe & Bester.

MR NYOKA: Yes, Mr Chairman. I'm Mpumela Nyoka, a local attorney.  I'm appearing for the victim, Mr Mkhuseli Jack.  I'm practising on my own.

CHAIRPERSON: Thank you.

MOKOTEDI MPSHE: Advocate for the Amnesty Committee.

CHAIRPERSON: Thank you.  Mr Van der Merwe, over to you.

MR VAN DER MERWE: Thank you, Mr Chairman.  The Committee is in possession of my client's application for amnesty at this stage.  As far as his personal background is concerned, I will start leading him.
	I do not think it is necessary for us to spend too much time on that.  I will just ask Mr Nieuwoudt and for the purposes of the Commission, I would also request my client's request is that he may proceed to give his evidence in Afrikaans, if it so pleases?

ADV POTGIETER: Mr Van der Merwe, I will have your client to take the oath.  Mr Nieuwoudt, would you stand, please.

GIDEON JOHANNES NIEUWOUDT: (Duly sworn, states).

ADV POTGIETER: Thank you.  Please be seated.

MR VAN DER MERWE: As it pleases the Committee, Mr Nieuwoudt, you are informed about the application that was submitted and the personal background report that constitutes the first few pages. Is it correct and the truth?

GIDEON JOHANNES NIEUWOUDT: Yes, it is.

MR VAN DER MERWE: If we can then go to page 21 of the application.  I will ask Mr Nieuwoudt to proceed to read the four pages and it will also be his evidence in this particular case.

GIDEON JOHANNES NIEUWOUDT: "Your Honour, at the time of
this incident I was a lieutenant in the South African Police at the security branch in Port Elizabeth.  I was the unit commander of the information component, having to deal with Black issues and my direct commander was Maj Herman du Plessis and Col Harold Snyman.  He was the regional commander of the security branch in the Eastern Cape.
		I cannot remember who Mr Mkhuseli Jack is, in terms of the regulations or stipulations that was constituted in terms of the Act of Public Security 1953 and proclaimed in the Government Gazette, reference number R121 of 21 July 1985, who arrested him on 3 August 1985.  I also cannot remember who gave me the instruction to detain Mkhuseli Jack.  
		The detention of Mkhuseli Jack was to my opinion necessary and the extension of his detention at that stage was also important and necessary for the maintenance of public order, the security of the public and to end the state of emergency.  I personally had him detained at the St Albans Prison at Port Elizabeth.  If you can just look to Annexure 15."

MR VAN DER MERWE: Commissioners, at this stage I think we will leave the addendums at this stage and my suggestion is that Mr Nieuwoudt just finish his evidence.  We can refer to the addendums at a later stage, should it be necessary.  Thank you.

CHAIRPERSON: Yes.

MR VAN DER MERWE: Thank you, Your Honour.