MR SMITH
Thank you Mr Chairman.  Mr Chairman, in regard to the second applicant, Mr Gonya, my submission is that the evidence that he has submitted here, quite clearly he has not complied with Section 21(c) in making a full disclosure.  He submitted evidence in regard to the order given and the delay in carrying out this order which is the first time that it's been submitted before any Inquiry and in respect of his evidence that he fired the grenade or he fired the two grenades into the ground, there is in volume 2, no bundle 1 page 309, there is an annexure to a draft indictment which shows that a Mr Gola died as a result of shrapnel wounds.
	My submission is, Commissioners, that Mr Gonya fired this grenade launcher without any order, maybe he may have been panicked, but he did not receive any order to fire it and that he is not accordingly afforded, or that he has not complied with the provisions of Section and especially Section 20(ii).  	
	In respect of Mr Mkosana, my submission is, Commissioners, that firstly the Defence Force covered up what was happening.  Mr Gonya was not called, they were fully aware of who had the rocket launchers from his evidence.  He was not called and that was quite clearly to cover it up.  When these two applicants were then advised at some time that they could face criminal charges, they decided to now disclose what had actually happened.
	In respect of Mr Mkosana, Mr Commissioners, my submission is that in order for his action to fall within the definition of an act associated with a political objective, he must have committed it bona fide with the object of countering or resisting.  Now in his evidence he relayed to van der Bank that they were being shot at.  He was given an order to shoot back.  He then gives evidence further to say, on his own version, that he amended this order to say:  "Use minimum force", but then if he was bona fide in his action, before giving such an order, he should have ascertained whether shots were still being fired, because his order was in effect, if you are being shot at, shoot back.  It's an order to act in defence of their own lives, in self defence.