Amnesty Hearings — East London — 1997-03-17

HASSAN MALL: Mr Brink, are we ready to proceed?

MR BRINK: Yes, Mr Chairman.
	Mr Chairman the first application is that of K E Thoba, W Thompson, J W Makom.   They are asking for amnesty in respect of various accounts of assault and crimen injuria.  They are present but I think they should be seated at the applicants' table.  They are represented by Mr Hole, who is a local attorney.   
   	I understand that the applicants are Mr Thoba, sitting at the right hand side of the table which is virtually on your left, Mr Thompson is in the middle and Mr Makom is on the left hand side of the table.
	Mr Chairman in regard to the victims, I understand that Mr Simandla is present, he is one of the victims and also Ms Msutwana.   There are two other victims, Ms Maqana and Ms Nomoy, who were involved in various incidents.   All efforts to trace these two people have been unsuccessful and therefore they are not here today.  Mr Hole might like to proceed.

HASSAN MALL: Yes Mr Hole.

MR HOLE: Thank you Mr Chairman.
	May I ask, before I begin the case for the first applicant
Mr Chairman to request to make a few amendments to the 
application.

HASSAN MALL: Certainly.
EAST LONDON HEARING	AMNESTY/E CAPE
MR HOLE	2	ADDRESS

MR HOLE: In respect of the first applicant, Mr K E Thoba, I wish to ask for an amendment to include a further victim, namely Ms N Maqoma. The Committee will recall that he made application only in respect of three victims.

HASSAN MALL: Would you spell the name of that victim please?

MR HOLE: It is spelt M-A-Q-O-M-A Mr Chairman.

JUDGE WILSON: Was she the victim in respect of the trial that was heard at Alice?   The second victim there?

HASSAN MALL: Yes.

MR HOLE: In respect of the second applicant, Mr Thompson I wish to amend his application by adding a further victim, namely Ms N Maqoma.  She is the same person that has been referred to in the previous amendment.
	And in respect of the third applicant, Mr J W Makom, I wish to make application to amend and include application for immunity in respect of the assault and torture of Miss N Msuthwana.
	Mr Chairman the reason for this late amendment is that in respect of Mr Thoba he was acquitted in respect of the assault on Miss Maqoma, and on further discussions we had agreed that we should ask the Committee for amnesty in respect of that assault as well, although he was acquitted in respect thereof.
	In respect of Mr Thompson the same applies, Mr Chairman.
	In respect of Mr Makom he was not even charged with the assault on Ms Msuthwana, but he does wish to lay himself open to this Commission and ask for amnesty in respect of that one as well.   Thank you, Mr Chairman.

HASSAN MALL: Are the applicants going to give evidence in Xhosa?

MR HOLE: Mr Chairman I have discussed this with them and Mr
Brink next to me and to facilitate matters I propose to read.  I have I made their statements in the form of affidavits which are available for the Commissioners as well.  I propose to read EAST LONDON HEARING	AMNESTY/E CAPE
MR HOLE	3	MR THOBA
them for them and they are available to answer in Xhosa, whatever questions the Commission might want to put to them.

HASSAN MALL: Yes.

SISI KHAMPEPE: Are you proposing to start with Mr Thoba, Mr Hole?

KWANALE ENOCH THOBA: (sworn states)

MR THOMPSON: (sworn states)

J W MAKOM: (sworn states)

HASSAN MALL: Yes you may proceed.

MR HOLE: I have before me statements prepared by these applicants.   Mr Chairman, I beg leave to hand them up to the Commission.

HASSAN MALL: Yes, you may hand them in.   For convenience, we will identify these documents as follows
The sworn statement by Mr Thoba to be Exhibit A;
	by Mr Thompson to be Exhibit B;  
	and the one by Mr Makom as Exhibit C.

MR HOLE: May I proceed?

HASSAN MALL: Yes please.