CASE NO: AM 7927/97

DAY: 1


CHAIRPERSON: ... be held in the Magistrate’s Court Pinetown and the matter set out for today is Bongani Alberton Mthethwa AM 7927/97. The panel consists of myself, Andrew Wilson, Judge Khampepe and Mr Wynand Malan.

Could you please announce yourselves gentlemen?

MR WEBSTER: Mr Chairman my name is George Webster and I appear for the victims, the Mataba Family.

MR WILLS: Thank you Mr Chairperson, Members of the Committee, I am John Wills from Pietermaritzburg, I appear for implicated parties, namely Romeo Mbambo, Brian Gina Mkhize and Israel Fangwani.

MR DE KLERK: Thank you Mr Chairman, my name is Lourens de Klerk from Durban, I appear on behalf of the applicant.

ADV MPSHE: Mr Chairman, members of the Committee, J M Mpshe for the Truth Commission, thank you.

MR DE KLERK: Thank you Mr Chairman, it is my instructions that the applicant in this matter wants to withdraw his application for amnesty.

CHAIRPERSON: I take it nobody has any objection to that?

ADV MPSHE: No Mr Chairman.

MR WILLS: Mr Chairperson, with your leave I must place on record that the persons whom I represent deny any involvement in the crimes allegedly committed in the affidavit that I think was signed during 1998 by the applicant.

CHAIRPERSON: As I understand the position, the application before us on behalf of the applicant relates only to the killing of an elderly lady and a child at the Mutaba Kraal. An affidavit was prepared a few months ago by one of the investigators of the Amnesty Committee, it has not been put before us on behalf of the applicant and does not in my view form part of the application papers.

MR WILLS: I’m indebted to you, thank you Mr Chair.

CHAIRPERSON: Before we come to a final conclusion on this matter, I would like to say that I have read the papers and there are a number of statements or affidavits relating to the attack on the kraal and it appears to me that it is a matter that should be fully investigated and if the investigations are successful referred to the Attorney General for possible prosecution. I understand that in fact may be being done at the present time and may be taking place early next year but if it is not, I would urge those responsible for investigation to conclude the investigation into the matters which the applicant had asked amnesty for. In the light of the application do you agree, we grant the applicant leave to withdraw his application.

And that I think concludes what is set down for today. I don’t know Mr Mpshe if you have had a chance to talk to anybody about later matters set down for Thursday and Friday, if you can could you do so?

ADV MPSHE: Yes Mr Chairman I had a chat with the lawyer for the applicant on Friday and suggested that we fast track the Friday matter and do it tomorrow so that we have two matters tomorrow winding the first part of the day and the Friday one in the afternoon. The lawyer said he’s available and I’ve arranged that the applicant for Friday be here tomorrow for consultation with the (...indistinct). So in all probability we’ll do both matters tomorrow.

CHAIRPERSON: And are there victims or implicated parties in the Friday matter. They have been informed, they have not indicated anything Mr Chairman as per report by the investigator.

CHAIRPERSON: Because really on the Friday matter as I recall it, there’s on victim, a person who was attacked, he was the brother wasn’t he of the deceased?

ADV MPSHE: That’s correct.

CHAIRPERSON: And he is the person that should be made fully aware, he’s filed an affidavit but ... Very well we’ll adjourn till what time tomorrow morning?

ADV MPSHE: 9 o’clock Mr Chairman seeing that we’ve got two matters?

CHAIRPERSON: 9 o’clock tomorrow morning. I should perhaps warn you that I have an appointment for an eye inspection at 9 o’clock on Friday morning so we might start half an hour late on Friday.

ADV MPSHE: If we do start on Friday Mr Chairman. Thank you.