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Amnesty Hearings


Starting Date 13 October 1999


Day 3


CHAIRPERSON: We are, today, Wednesday the 13th of October 1999, dealing with the application of Moosa Mahambane, which arises out of the robbing of a bank and the killing of the owner of a motor vehicle for which the applicant and others were tried and he was convicted on a number of counts. The applicant is represented and I don't know if it is necessary for you to put yourself on record, or whether I can do so. Perhaps you should put yourself on.

MS LOONAT: My name is Zurina Loonat, and I am counsel for Moosa Mahambane, the applicant this morning, thank you.

CHAIRPERSON: Certain problems have arisen in that it appears that the bundle of papers were only made available to all the parties including the Members of the Committee, last week. In the application papers the applicant makes out the case that what was done was done on behalf of the ANC and it was committed with a political objective of obtaining money with which to buy finance and ammunition to protect the community who was subject to repeated assaults. There were originally four accused at the trial, three of them were convicted. It appears that one of the applicant's co-accused has made a statement indicating that there was no political objective, that the motive was a better life, to buy the things they wanted and needed. There has been a considerable amount of discussion this morning, the person who made that statement is not as yet available for consultation with the Leader of Evidence and it transpires that another of the erstwhile co-accused is in a prison elsewhere in the Vryheid area and after discussion, it appeared to us that in fairness to the public and to the applicant, statements should be obtained from these two people and from anyone else whose evidence might be relevant. In this connection I should perhaps indicate that the applicant's counsel has indicated during the course of consultation this morning, when he was told of the possibility of this evidence being made available, that there were other persons who were members of the ANC, who could testify on his behalf and she said that she wished to have an opportunity to make contact with or enquiries about such people and if necessary have them available at the hearing. In the light of all this, it seems to us and all the legal advisors agree, that we should adjourn the matter to a date to be arranged on the understanding that further investigation will be conducted on behalf of the Amnesty Committee and on behalf of the applicant, that the legal representatives will continue to communicate with one another, to make available any information which should be shared, and that the matter can then be set down for hearing when a perfectly fair hearing can be held. Do either of the parties wish to say anything?

MS LOONAT: No Mr Chairperson.

MS MTANGA: I want to say nothing Chairperson.

CHAIRPERSON: Very well, we will now adjourn this matter to a date to be arranged. I think speaking for myself, I would like to make it clear that the adjournment was brought about as a result of the short notice given to the legal advisors and not to their dilatory behaviour or anything of that nature. They have not had the time they needed, they have not had the opportunities they needed and we trust that they will now take advantage of the time that is available. Thank you both.



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