Amnesty Hearings — Bloemfontein — 1997-03-27

JUDGE WILSON: You can go on now Mr Mpshe.

MOKOTEDI MPSHE: Thank you Mr Chairman and members of the Committee.  Mr Chairman, the matter we are starting with this morning is Jack Menera's matter, Mr Chairman.  The applicant is already sitting in front of the Committee.  Mr Chairman, the applicant is represented by Advocate Memani who has not as yet arrived, Mr Chairman.  I know of no reason ...

JUDGE WILSON: He appears, he appears to have arrived now.

MR NEMANE: That is correct Mr Chairman.  I apologise Mr Chairman.  There is difficulty, we are sharing transport together with colleagues and they seem to be dragging their feet this morning.  I was, I was held up because I do not have transport of my own, we are sharing it.

JUDGE WILSON: Very well.  Are you ready to proceed?

MR NEMANE: That is correct Mr Chairman.

JUDGE WILSON: What language does the ...

MR NEMANE: He speaks Xhosa, Mr Chairman, as far as I am aware.

JUDGE WILSON: He speaks what?

MR NEMANE: Xhosa, my Lord.

MOKOTEDI MPSHE: Send him in.

JACK MENERA: (Duly sworn in, states).
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BERNARD MAKGABO NGOEPE: Duly sworn.

MR NEMANE: May I proceed Mr Chairman?

JUDGE WILSON: Certainly.

ADV MEMANI: Thank you Mr Chairman.
	Mr Menera, is it correct that you are currently serving an effective sentence of ten years, having been convicted on 14 August 1992 of the following offences.  Two counts of attempted murder, two counts of malicious property, malicious injury to property, assault and escape from lawful custody?

JACK MENERA: Yes, that is correct.

MR NEMANE: Is it correct that you wish to apply for amnesty in respect of all these offenses?

JACK MENERA: Yes, that is correct.

ADV DE JAGER: Could you kindly look at this application form?

MR NEMANE: Mr Commissioner, the form, the application form does not make reference to the rest of the offenses.  However, Mr Chairman, application is being made for all these offenses because they were committed, they were committed on the same day and essentially form part of ...

ADV DE JAGER: But should you not amend the application form?

MR NEMANE: I essentially, Mr Chairman by, Mr Commissioner by referring to the, I am asking for an amendment of the application form.

JUDGE WILSON: But that is not sufficient.  In the event of us granting amnesty, we must grant an order in such terms as it is quite clear to any prosecuting authority what crimes we are talking about.  To merely say two malicious injury to property is no clear indication of what he is asking amnesty BLOEMFONTEIN HEARING	AMNESTY/GAUTENG
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for.

MR NEMANE: Mr ...

JUDGE WILSON: Must not, we have no proper application before us in respect of those offenses.

MR NEMANE: Mr Chairman, this is a matter which will become clear as the evidence is being led.

JUDGE WILSON: It is not.  It should be a proper application before us.  Applications are not made by merely leading evidence before us.

MR NEMANE: Mr Chairman, I now move the application formally then.  Mr Chairman, on the application form the applicant states that he has applied, he is applying for amnesty for the murder of one person.  However, Mr Chairman, he was convicted of attempt, two counts of attempted murder, malicious injury to property, two counts, assault and escape.  What transpired, Mr Chairman, is that he was, he is going to confess to murder, Mr Chairman, of the late Mrs Pahlane.  However, at the trial he was convicted of the, of attempted murder due to reasons which will appear during the leading of testimony.  Furthermore, Mr Chairman, it appears that he would have been, he was convicted of attempted murder on a grandson of Mr Pahlane.  He was also convicted of malicious injury to property.  The malicious injury to property relates to damage done to the premises where the deceased was found.  The second count of malicious injury to property relates to a vehicle of a son of the deceased who was also attacked on the same day.

JUDGE WILSON: Why has the application not been amended?  The application before us where he is asked in terms of 9(a) to furnish sufficient particulars of the acts associated
with political objective in respect of which amnesty is 
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sought, states merely I took part in murdering a councillor by burning him.

MR NEMANE: But, Mr Chairman, ...

JUDGE WILSON: He says he was convicted of other offenses, but he does not say in his application and we do not just come here and have verbal applications.  Applications have to be in writing.

MR NEMANE: Mr Chairman, one must bear in mind that these are relatively unsophisticated people doing things on their own.

JUDGE WILSON: They are now represented ...

MR NEMANE: At the time when ...

JUDGE WILSON: ... by an Advocate who has consulted with him, who has had every opportunity to draft an amended application.

MR NEMANE: As far as I am aware, Mr Chairman, there are no rules that are prescribed for this court and I believe that it would be sufficient if I moved the amendment verbally.

BERNARD MAKGABO NGOEPE: But do move your amendment then, Mr Memani.  I, look at paragraph whatever, what is that, 9(a), move the amendment and say I apply for the amendment of the application form to include the following and turn to page eight, if you have the same documents as I.  You will see that there is a letter there from the office of the Attorney-General which sets out the counts on which the applicant was convicted or if you want a more precise statement then turn to page 1, paragraph (b) of the indictment, they set out the specific offenses.  Mr Mpshe, does your colleague have the same papers with us.

MOKOTEDI MPSHE: Yes, Mr Chairman.  Mr Chairman, perhaps to
assist my colleague for the sake of saving time, Mr 
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Chairman, I could, in his amendment, if they move, the application for amendment is accepted, we try to help in, by being specific as to the attempted murders, malicious and all by mentioning the victims.  I think that is what is required, again.  Mr Chairman, ...

ADV DE JAGER: Mr Mpshe, we have got the indictment.

MOKOTEDI MPSHE: Yes.

ADV DE JAGER: He was convicted of counts one, two, three, four and five.

JUDGE WILSON: No, not count one.

MR NEMANE: It will be, one, it will be attempted murder and the victim will be Patrick Pahlane, attempted murder on Patrick Pahlane.  I am looking at the judgment, attempted murder of Patrick Pahlane.

JUDGE MGOEPE: You are looking at the judgment?

MR NEMANE: Yes, the judgment of the court.

ADV DE JAGER: Yes, unfortunately, I could not make out from, is he the, was he accused number one?

MR NEMANE: That is correct, Mr Chairman.

MOKOTEDI MPSHE: Yes, he is accused number one, but they were convicted with their co-accused, but for the same counts.

JUDGE MGOEPE: What page of the judgment, sorry?

MOKOTEDI MPSHE: The very, very first page, page 277.  These are the ones that I handed into Committee members whilst we had a sitting on Tuesday.

ADV DE JAGER: Well, I have got (indistinct).

MOKOTEDI MPSHE: I handed them out personally to the Committee members in chambers, but, Mr Chairman, to save time I can just read the counts as they are numerated by the Judge.

ADV DE JAGER: According to the indictment, the first count
was the murder of Susan Pahlane.
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MR NEMANE: That is correct.

MOKOTEDI MPSHE: And attempted murder, it was Patrick Pahlane.  The indictment page two then.

ADV DE JAGER: That is?