Amnesty Hearings

ON RESUMPTION WITH JUDGE WILSON AS CHAIRPERSON

CHAIRPERSON: There are two matters which had been adjourned to now and I propose to deal firstly with the Nyawuza matter. We have been informed that not only is Mr Nyawuza present at this hearing - sorry, not only Mr Nkosinati Emanuel Nyawuza present, but his father Mr Elija Nyawuza is present and as are Mr Meyiwa and Mr Ndimande, all of whom are apparently interested in applying for amnesty in respect of the killing of Mr Ndebela. It is Ndebela isn't it?

We have, as I have said, before us the hearing of Mr Nkosinati Emanuel Nyawuza and in the bundle of papers put before us, is an affidavit made by Mr Elija Nyawuza in which he states and I quote now from paragraph 6:

"I strongly believe now that this activity was not political because I learned later that the victim, Lembede, was not involved in any political organisation, although I was an ANC member. On that note I wish to withdraw my application for amnesty, because I have already served some term of imprisonment."

F I N D I N G

Now we are told today that Mr Elija Nyawuza wishes to continue with his application for amnesty and has indicated that he was misled into arriving at the conclusion that he said he did in his affidavit. If this is so, we are of the view that he should be given the opportunity of seeking legal advice and of preparing a fresh affidavit in the nature of an application to ensure that his application for amnesty is reinstated and that it is heard at the same time as the adjourned hearing of today's application. The next matter is Mr Meyiwa.