Amnesty Hearings — East London — 1998-04-06

MR PRIOR: Good morning Mr Chairman, may I proceed?  Mr Chairman, it is the 6th of April 1998.  We proceed today with the amnesty applications of the following applicants
Thembelani Tandekile Xundu, Amnesty Application 3840/96
		Thobela Dlambisa, Amnesty Application 7596/97
		Malusi Morrison, Amnesty Application 5953/97
		Lugisa Mziwonke Ntentile, Amnesty Application 6539/97	
	Mr Chairman, the requisite notices in terms of Section 19(4) were issued to the implicated persons.  There's no appearance on behalf of implicated persons.  There were substantial notice given to victims and there are several victims in attendance today, the names of which will later be furnished to the Committee.  There is no legal representation on behalf of victims at this stage. 
	As evidence leader I've explain the process to the victims present and they are happy to go along with the evidence leader representing them in a fashion, up to a certain point.  They would also require, as in the other applications, for the Committee to allow them an opportunity to ask questions and/or address the Committee at the relevant stage.
	May I place myself on record for the Amnesty Committee Evidence Leader, P.C. Prior.  Thank you Mr Chairman.

CHAIRPERSON: Could the applicant's attorney place himself on record please?

MR MBANDAZAYO: Thank you Mr Chairman.  My name is Lungelo Mbandazyo for the applicants.

CHAIRPERSON: All four of them?

MR MBANDAZAYO: All four of them Mr Chairman.

CHAIRPERSON: Perhaps for the sake of those who have to transcribe the record, I ought to put on record the members of the Committee.  It's Ms Gcabashe, myself, Judge Wilson, Mr Lax and Mr Sandile.

MR PRIOR: Thank you Mr Chairman.  Mr Chairman, before we proceed with the applications proper, may this be an appropriate time to introduce the documentation onto the record, which I understand has been agreed to by my learned friend, Mr Mbandazayo?
	Mr Chairman, I have provided the Committee with a bundle of documents, may I first refer to the PAC Submissions, with respect, or the APLA submissions made at the HRV Hearings in October last year.  I don't intend to refer at all to the hearings or the submissions made in August Mr Chairman, but the bundle that commences with the small type which relates specifically to the evidence given from the 7th of October.
	And may, for convenience, may we refer to that bundle as Exhibit A for the purposes of these proceedings?

MR LAX: Just for our convenience Mr Prior, that's the same bundle as we used last week?

MR PRIOR: That is correct Mr Chairman.

MR LAX: Thank you.

MR PRIOR: But for the purposes of these hearings, yes Mr Chairman.  Could we mark that Exhibit A?  Mr Chairman, Exhibit B, I would request the Committee to accept at this stage the bundle of documents which is headed Truth and Reconciliation Commission Amnesty Hearings with the comprehensive index, if that could be marked Exhibit B?
	Copies were handed to my learned friend, Mr Mbandazayo.  At this stage we accept that the documents are what they purport to be and may be referred to in the bundle as Exhibit B.  That is confirmed by my learned friend.

MR MBANDAZAYO: I confirm that Mr Chairman.

MR PRIOR: Mr Chairman, this morning the Committee was also handed a separate bundle of documents, it is actually affidavit with annexures from Thobela Dlambisa.  May we conveniently refer to that as Exhibit C?

CHAIRPERSON: Shouldn't it be part of bundle B and discontinue as it will now be page 123, we go on from there.

MR PRIOR: As the Committee pleases.  Mr Chairman, an additional document is the bundle of photographs that is available, the master copy is available and copies are presently being prepared.  If we may just at this stage mark it Exhibit C, that is with the exception of the photographs which the Committee didn't think necessary, thank you Mr Chairman.
	Mr Chairman sorry, there's just one other matter regarding a notice.  Given the large number of persons affected by this matter in King William's Town at the time and given the difficulty in tracing all the persons from records that were available, it was felt desirous to make publication in the local newspaper, the Daily Despatch, which I understand was arranged by Mr John Allen of the Media Departments of the TRC which had run an article about the King William's Town attack, the fact that the amnesty application be running this week, the 6th to the 9th of April.
	I unfortunately do not have a press clipping but one is available I understand at the East London office.  In addition thereto, the club captain was contacted at the King William's Town Golf Club and a general notice was pinned up on the notice board of the clubhouse two weeks ago, which set out in general terms that all persons having an interest in this particular matter had to contact the TRC as a matter of urgency.  
	I must say Mr Chairman, as a result of that several persons have contacted the Amnesty Committee to that extent.  I simply place that on record for what it's worth.

CHAIRPERSON: And have all the persons who are mentioned by the applicants as implicated parties, been given notice?

MR PRIOR: Yes, Mr Chairman they have, I do have the notices in my file.

MR MBANDAZAYO: Thank you Mr Chairman.  Mr Chairman, I think the applicant, before he starts giving evidence, will be sworn in.

CHAIRPERSON: Which applicant is this?

MR MBANDAZAYO: The first applicant Mr Chairman, will be Thembelani Tandekile Xundu.

CHAIRPERSON: Now which application, there are various applications that he has made, do you rely on?

MR MBANDAZAYO: Mr Chairman, both applications, there's no major difference, there's no difference in those applications Mr Chairman, but we would request the Committee to rely on the typed one which I think will be the second one and we start from page 7 Mr Chairman.

CHAIRPERSON: Because there is no indication before me that the applicant has complied with the provisions of the Act in regard to the first application, in that it has been sworn to.

MR MBANDAZAYO: Mr Chairman, that's the reason - I've noticed that Mr Chairman.  Also I've gone through with the applicant Mr Chairman, regarding this application and also he is of the view that the second application which should be referred to by the Committee because it was never sworn in, he just appended his signature Mr Chairman.

ADV SANDI: Is that to say Mr Mbandazyo, we shall work basis of the second application only?  At no stage will you refer to the first one?  What is the exact situation?

MR MBANDAZAYO: Thank you Mr Chairman.  Mr Chairman, we will work on the basis of the second application which starts at page 7, we will not be using the other one Mr Chairman.

MR LAX: Mr Xundu, will you please stand?

THEMBELANI TANDEKILE XUNDU: (sworn states)

MR MBANDAZAYO: Thank you Mr Chairman.  Mr Chairman, I will be leading the applicant and I'll be reading from his affidavit.  As we go on I will request him to expand on some of the issues which are being raised by him in his affidavit.

MR LAX: His affidavit, just for the record, starts at page 15, is that correct?

MR MBANDAZAYO: Correct Mr Chairman.

MR LAX: Thank you.
MR MBANDAZAYO
"I, the undersigned, Thembelani Tandekile Xundu do hereby make an oath and say that I am the applicant in the King William's Town Golf Club attack.  Having submitted by application in December 1996"
 ...[intervention]

CHAIRPERSON: I don't think it's necessary for you to read the whole of the affidavit.  I take it your client has read it and he can confirm the correctness of it?  And then I think you should lead him on the points where you wish him to amplify or explain.

MR MBANDAZAYO: Thank you Mr Chairman.
	Mr Xundu, for the benefit of the Committee, can you confirm that the contents of the affidavit, that you have read it, and what appeared in the affidavits is what you have written down?

THEMBELANI TANDEKILE XUNDU: Yes, I confirm.