CHAIRPERSON: The last matter is that of Mr Ndimande. All we have in regard to him is an extract from the records of the Committee dated the 16th of February 2000 which states under notes and I quote
"Letter and form sent. Application form incomplete. 16/5/1997. DP note. No amnesty implication form. Incomplete application."
That is the end of the quotes.
F I N D I N G
It would appear from this that an application of some form, was registered with the Committee prior to the 16th of May 1997. We have no copy of that application nor of the letter sent to Mr Ndimande, nor is there any proof before us as to whether he received any such notification or not. If he was incarcerated in Westville Prison or one of the other prisons at the time, it appears to us probable that records of mail sent and received, would or should have been kept. Once again, this is by no means certain.
It accordingly appears to us to be reasonable to afford him the opportunity of seeking legal advice and if necessary, completing a fresh application form and filing an affidavit, setting out the reason for the fresh form having been completed, confirming that he had sent a previous form within the - before the cut-off date and setting out any other information you wishes to bring to the attention of the Committee.
I must stress that we are not making a finding that all the latter three people are entitled to have their amnesty applications heard. What we are doing is endeavouring to make arrangements or to ensure that arrangements are made that at the adjourned hearing, the Committee which hears the matter then, will be in possession of all information which will assist them in arriving at a balanced and careful decision and it will be for them to decide whether the applications should be heard.
We accordingly adjourn this matter, subject to anything that any of the legal advisors may wish to say at this stage or to add to what I have said. Do either of you gentlemen wish to add anything?
MR PANDAY: No Mr Chairman, I accept that.
MR MAPOMA: Nothing Mr Chairperson, thanks.
CHAIRPERSON: We accordingly adjourn the matter to a date to be arranged and we request those responsible for making such arrangements, to ensure that the three applicants who are at present not represented, be given the opportunity of taking legal advice and preparing any documents that should be presented to the Committee.
In this regard I must stress that in Mr Ndimande's case it appears that there is no application form filled out by him nor any copy of such a form available at the moment, so he should make sure that this is done in addition to anything else.
Do the gentlemen concerned understand what has happened? Do any of them wish to say anything?
Right, there being no reply, this matter is now adjourned to a date to be arranged.
Somebody did seem to want to say something.
MR MEYIWA: I would like to say I do want to proceed with my application of amnesty. Frans Meyiwa. I'm requesting that my application for amnesty should proceed.
MR NDIMANDE: Myself as well - my name is Frederik Ndimande, I also request that my application should proceed, the reason being that I did complete application forms for amnesty and if I do remember, I was with someone else who didn't receive any reply as well, but we were confused. Unfortunately he is not here today.
CHAIRPERSON: Wait a moment. As I have said, our intention is that arrangements will be made for all of you to have the opportunity to make representations and to appear before a Committee when the matter is set down for hearing again. We do not have the necessary documentation, the papers, to consider your applications today. We just haven't got them, but we are making arrangements that your applications will be set down for a further hearing and you will be given the opportunity to seek legal advice before then.
MR NDIMANDE: Thank you.
MR NYAWUZA: My name is Elai Nyawuza. I would like to ask where can I get an attorney?
CHAIRPERSON: The Amnesty Committee will make some arrangements in that regard.
I do not think it proper in the light of the possible conflict, to request the attorney appearing for your son, to appear for you at the present time, so I think you should have your own attorney to advise you.
MR NYAWUZA: Thank you.
MACHINE SWITCHED OFF
CHAIRPERSON: Right. Thank you gentlemen. I would request that my remarks be transcribed, that a copy be sent immediately to the office in Cape Town with the request that Martin Coetzee takes all necessary steps to comply with our request and that it be made available to the Committee which hears the subsequent proceedings.
Right, that completes for the moment the Nyawuza application. We now revert to Mr Mafu's application.
