Special Report Transcript Episode 37, Section 4, Time 11:19

Joe Mamasela was not at the amnesty hearing and he’s not scheduled to appear before the Commission. We asked Amnesty Committee spokesman Cocky Mpshe, why not? // Joe Mamasela is not here and Joe Mamasela may not be here because he is presently what we call a section 204 witness. That simply means he is a state witness attached to the office of the Attorney-General. Now the reason why he is not coming to testify is because he is going to testify on behalf of the state when criminal prosecutions get started by the office of the Attorney-General. Now the position is that if he comes to testify at the amnesty hearings this may be used against him later in a criminal trial and it may be contradictory and be prejudicial to the state’s case in the criminal matters. // Now, ordinary people will ask you, which is more important: the criminal courts or the Truth Commission? // Well I can say both are important because we are dealing with the same people here. Some of the perpetrators may not get amnesty and if they do not get amnesty then the office of the Attorney-General will have to institute cases against them and that also becomes important. But what we have to understand here is that there is that relationship, a very healthy relationship between the office of the Attorney-General and the Truth Commission. It does not mean that they are not cooperating with us. It does not mean that we do not have the cooperation of Joe Mamasela in particular. He is cooperative with us and he has been cooperative with us, he even gives us statements about things that he knows, but he cannot come in person to be subjected to cross-examination for purposes of, purposes I have already mentioned. // And he is not going to ask for amnesty? // I’m not sure about that one, but wind tells me that he may not apply for amnesty. As you may well know if you’re a section 204 witness, if you testified to the satisfaction of the Judge or the presenting officer, you may not be prosecuted later on matters on which you have testified.

Notes: Max du Preez; Cocky Mpshe (Amnesty Committee)

References: there are no references for this transcript