amntrans AMNESTY HEARING 1998-10-14 DURBAN 1 BONGANI ALBERTON MTHETHWA AM 7927/97 https://sabctrc.saha.org.za/hearing.php?id=52931&t=&tab=hearings https://sabctrc.saha.org.za/originals/amntrans/1998/98101922_dbn_kzn1.htm CHAIRPERSON 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 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. ADV MPSHE 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 ADV MPSHE CHAIRPERSON ADV MPSHE CHAIRPERSON ADV MPSHE If we do start on Friday Mr Chairman. Thank you. COMMITTEE ADJOURNS