Amnesty Hearings — East London — 1998-04-14

MR PRIOR: Mr Chairman, I don't have any other witness but may I place on record that in the Da Gama incident at the last hearing two persons came forward and indicated that they had been involved in the shooting.  They were caught in the cross-fire.  There was a kombi that was proceeding past the Da Gama factory and I've discussed the matter with both of them and suffice to indicate to the Committee that they are satisfied that they simply, their names be placed on record and that at the appropriate time they be referred to the Reparations Committee as victims.

CHAIRPERSON: Were these two people injured in the cross-fire?

MR PRIOR: They were injured in the cross-fire.  They were innocent people driving by in a taxi and they were caught in the cross-fire between the applicants and the security policemen who were shooting across the road.  They did attend the Da Gama hearing two weeks ago and for the reasons that I've now set out they are quite happy that their names simply be placed on record that they were injured in this incident.
	The one is a lady, Mrs Joyce Zoliswa: Z-O-L-I-S-W-A Nonkumbana: N-O-N-K-U-M-B-A-N-A.  She was injured in the leg, she was a passenger in the taxi and one, the driver of the taxi was Mthuthuzeli: M-T-H-U-T-H-U-Z-E-L-I Pellem: P-E-L-L-E-M.  I understand he was also injured, not severely but injured slightly in the cross-fire.

CHAIRPERSON: It seems to me a reasonable request.

MR PRIOR: Thank you Mr Chairman.  Mr Chairman, I don't know - there was also the other aspect, whether Leklapa Pashlela or Jimmy Jones, their role in the entire matter was raised at the last hearing.
	I have no feedback from Mr Mbandazayo whether Mr Leklapa is available to give evidence in this matter or whether Mr Jimmy Jones - I understand Mr Ntonga represents Mr Jimmy Jones and he indicated to me that he had no instructions regarding whether Mr Jimmy Jones would give evidence.
	My view is that the matter I don't think can be concluded properly without - unless of course there is no indication that they are going to or want to give evidence but I don't think the matter can be properly concluded without hearing something from the APLA high command.

CHAIRPERSON: As I understood the position we were make arrangements today for when we would hear Leklapa, who is appearing as an applicant before us next week and his attorney was requested to confirm a suitable date to arrange with you what would be a suitable date next week as a matter of convenience.  Apparently that has not been done?

MR PRIOR: No, Mr Chairman.

CHAIRPERSON: And Jimmy Jones, that was not the same certainly as I recollect.

MR PRIOR: Yes, that's so.

CHAIRPERSON: Well, what do you propose we do, adjourn the matter to a date to be arranged and hope we can arrange a date next week?

MR PRIOR: Certainly yes, I would go along with that suggestion Mr Chairman and would obviously do everything to maybe draw the matter to finality.

CHAIRPERSON: I regret that my knowledge of local geography is not as good as it might be.  How convenient is Aliwal North for you?

MS COLLETT: Mr Chairperson, it's quite a further distance from East London than - from Bisho to East London is quite a lot closer than Aliwal North to East London.

MR PRIOR: Mr Chairman, I understand it's approximately 400 kilometres, 36 kilometres.

CHAIRPERSON: Do you think you could manager that?

MS COLLETT: I'm not too sure about that at this stage,  East London certainly would be a preferable venue.

CHAIRPERSON: I don't know if we can hear this week.

MR PRIOR: The only other suggestion is to possibly see if we can make an arrangement by Friday but that would depend on the availability of Mr Mpashlele and/or Mr Jones.

CHAIRPERSON: What do you suggest?

MR LAX: I suggest we stand the matter down for the moment and during the lunch break see what arrangements we can to.

CHAIRPERSON: I think the best we can do for the moment is to stand this matter down until after the long adjournment and trust that in that time Mr Prior had been able to make contact with the respective attorneys and ascertain whether arrangements can be made for their clients to give evidence this week here.

MR PRIOR: Thank you Mr Chairman.
COMMITTEE ADJOURNS