Amnesty Hearings — Durban — 1999-11-17

CHAIRPERSON: There was no other manner of damaging the vehicle, there were no stones thrown at it, it wasn't burned out, it's just that the shots were fired at the vehicle and that caused damage to it?

MR MAPOMA: Yes.

CHAIRPERSON: Very well, we understand that.

ADV BOSMAN: Mr Mapoma, is it just two victims that are here?  Is Mr Ngcobo not here?

MR MAPOMA: Mr Ngcobo is not here, Chairperson.

ADV BOSMAN: Has he been notified?

MR MAPOMA: He has been notified.

ADV BOSMAN: Thank you.

CHAIRPERSON: Yes.  Mr Panday, have you got any submissions on the merits of your client's case, bearing in mind that he doesn't seem really to be opposed.

MR PANDAY: Thank you Mr Chairman, I am not going to burden the Committee.  All of the evidence is much of common cause, the application is not opposed and it's my submission that the applicant has discharged the relevant onus in that he has placed before this Committee the full facts in relation
to this incident.  It has also been disclosed that this has obviously been as a result of a political attack on the IFP, the victims of the attack, Mr Chairman, that being a KwaZulu police officer at the time.  It is not in dispute that the KZP is obviously, or at the time, was being governed by the IFP and as such the attack was totally politically motivated, Mr Chairman and as such the applicant has only conducted, or he and the others only conducted this attack purely on the basis of a political motive.  Thank you.

CHAIRPERSON: Thank you Mr Panday.  Mr Mapoma?

MR MAPOMA: I have no submissions, Chairperson, thank you.

CHAIRPERSON: Yes, I assume you wouldn't have anything else that you want to add?

MR PANDAY: No, Mr Chairman.

CHAIRPERSON: Yes, that concludes the formalities, evidence, arguments in this matter.  It is now for the Panel to go and consider everything that has been said here carefully.  The evidence that was given, everything that was placed on record, the argument that was raised in support of the application and then to decide whether the application complies with the law, which is our duty.  We will do our very best to decide this matter as quickly as is practically possible in the circumstances and as soon as that decision is available then all of the parties with an interest in this matter, will be notified about the outcome of the application.  So under those circumstances, we are going to reserve the decision in the matter.
	We want to thank Mr Panday and Mr Mapoma for your assistance in this matter and we want to thank the people with an interest in the matter for having come and for having placed their views in regard to this matter before us.  We are heartened by the fact that it appears as if whatever conflict might have existed in this particular area in the past, has now been resolved and we have noted the attitude of the applicant in response to the inquiry that was made legitimately by the interested parties.  In the circumstances we will reserve the decision.
	I am informed that we have to adjourn for lunch, which I didn't really intend to do, but we accept that there are other people who need to do that, or who need for there to be a luncheon adjournment.  However, we have started in the middle of the day today because of the logistical situation here at this venue and for that reason and in order to be able to complete the rest of the work that we have for the day, we are going to adjourn only for 30 minutes, so we will then reconvene here at exactly 2 o'clock and we will then proceed to deal with the matter of Tshabalala.  So we adjourn until 2 o'clock.
COMMITTEE ADJOURNS