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Type AMNESTY HEARINGS
Starting Date 12 October 1999
Names BRIAN MZUKONA LUTHULI, MURDER OF ELIAS SHIKO DLEDZI
Case Number 6399/97
Matter WITHDRAWAL OF APPLICATION FOR
CHAIRPERSON: We are now on Tuesday the 12th of October and we are hearing the case of Mr Brian Mzukona Luthuli, Case Number 6399/97. Would the parties who have not already put themselves on record, please do so?
MS LOONAT: Thank you Mr Chairperson. Mr Chairperson today my client instructs me that he's not actually seeking political amnesty. However, what he does want to do, is to place on record the events leading up to the murder of Elias Shiko Dledzi. He wants to make full disclosure and he wants to offer his sympathies to the victim's family and that he's open for any questions that they may want to put to him. Thank you.
CHAIRPERSON: Do I understand from that that he is withdrawing his application for amnesty? Very well, the application is withdrawn and the application is accordingly removed from the roll of those applying for amnesty. It is not a matter where it can be set down again at some subsequent time. It has been withdrawn. There's no longer an application before the Committee.
CHAIRPERSON: Yes, I'm going to deal with that now. The application having been withdrawn, it seems to us it's only proper to allow the erstwhile applicant the opportunity to explain his conduct to the family of the victims and to make any apologies he wishes to make. Carry on.
First of all I would like to apologise to the Committee for the reason that I've applied and I said I was motivated because of political reasons and this is not true. The truth is that this case had nothing to do with politics. My objection was to appear before the Committee and tell the truth as to what happened and also to express my feelings about what happened. I knew that if I had stated in my application that this was politically motivated, it was going to be easy for me to appear here and relate as to what happened. That is why I came before this Committee.
The truth is what I told the Court, that we killed the deceased. I wasn't alone. Now I am here because I wanted to appear before the family of the victim and apologise about what happened. I've been in prison for a long time and this thing has been with me and my conscience is not clear. I think it is only fair for me to appear here and apologise to the family, because I need them to forgive me.
MS JELAL: Yes, Mr Chairperson, there is one question that the family wishes for me to put to you, Sir. Sir, your co-accused in this matter was Cyril Dekotula Ndleko. The family wants to know if you know why he was not charged with this matter or convicted.
CHAIRPERSON: We unfortunately have not got before us in the bundle, which has been supplied to us, the statement that the applicant put before the Court, but it does appear on page 72 of the bundle put before us, that at his trial he put up a complete explanation which was accepted by the Court, is that so? You made a statement admitting all the facts about the case?
CHAIRPERSON: Right, does nobody have anything further to say? I would like to express my personal gratitude to the applicant that he has not sought to come here and waste our time, that he has chosen to be honest as he did in his earlier statement, as he did at his trial and I think this shows a far more contrition than many of the other cases we hear where the applicants come and tell us all sorts of fancy stories and we would - I would like to place on record, I think I'm speaking for all the members of the Committee when I say that we would like to place on record our appreciation for the way in which you have behaved here this morning. Thank you.
MS LOONAT: I beg your pardon. My client is just asking me something quickly. May I just stand down for a minute? Thank you. Mr Chairperson, my client is just anxious to know the response from the victim's family for his apologies, if there are any forthcoming.