AC/98/0006

TRUTH AND RECONCILIATION COMMISSION

AMNESTY COMMITTEE

APPLICATION IN TERMS OF SECTION 18 OF THE PROMOTION OF NATIONAL UNITY AND RECONCILIATION ACT, NO.34 OF 1995.

BHEKUMNDENI QEDUSIZI PENUEL SIMELANE

(AM 8077/97) APPLICANT

DECISION

Having read the submission made by the applicant and having perused the documents referred to in the submission, the committee finds that:

(a) The applicant does not relate to any act, omission or offence committed by the applicant as envisaged in section 20 of the Act; instead it relates the application by the Natal Law Society and the subsequent decision of the Natal Provincial Division of the High Court of South Africa in terms of which the applicant's name was struck off the roll of practising attorneys. The applicant submits that the said application and decision was politically motivated and in fraudem legis as he was a member of the PAC and subsequently of the ANC and he was not properly served with the application to remove his name from the roll of practising attorneys.

(b) The applicants submits that he conducted a lucrative attorneys practice and that he suffered damages as a result of the striking of his name from the roll of practising attorneys; Thus incapacitating him from practising his legal profession.

After considering the application for amnesty, the committee decides that:

(i) The application for amnesty is REFUSED;

(ii) The application for reparation is hereby REFUSED to the Human rights Violations Committee, for its consideration and decision.

SIGNED ON THIS THE 7TH DAY OF APRIL 1998.