MR MAPOMA
Just a few Chairperson.   Chairperson, I have listened carefully to the submissions that have been made by those appearing for the victims.   I would like Chairperson, just to make a few comments.  In particular sir,  that when the Committee determines this application, it is important that the context within which these acts happened, must be taken into account.   I am saying so because Chairperson, the provisions of the Promotion of National Unity and Reconciliation Act particularly Section 20(3) sets out the criteria that must be taken into account in determining as to whether an act is an act associated with a political objective.     Amongst those criteria the political motive is supposed to be taken into account as well as the context within which the acts took place.  It may well be argued that the ANC decried violence against other political organisations within the land, but the matter does not end there because if you look into the political motive, one cannot negate the fact that these actions were politically motivated.   It is common cause Chairperson, that in particular regarding to the APLA 5, that they were members of APLA, they were trained as such.  It is common cause as well that during that period, there
was a conflict, a fierce conflict between the ANC, SDU's and the PAC in the form of APLA.  In a way that is almost common cause in this house.  It is unfortunate that those conflicts resulted in this particular actions.  I have taken into account as well Chair, the submission which was made that the decision to kill the APLA 5, was prompted by a desire to evade prosecution and nothing else, but there is an alternative explanation that has been tendered by the applicants to the effect that not only that, whilst they concede that it may be well be that they did not want to be prosecuted, but as well, they did anticipate that should they release them, there was anticipated a counter-attack onto them.  Even if, for that matter, Chairperson, it can be argued that amongst the reasons, they were avoiding prosecution, given those times, prosecution itself to a great extent, would hinder their political objective if they were to be prosecuted at that time, given their role in the area, particularly Guleni because he was a leader there.  If he were to be arrested, that to a certain extent would hinder the political process of their own organisation.  In a way Chairperson, I would certainly argue that it is very difficult to say these particular actions were not politically motivated.  Regarding Mr Mapipa, it is also accepted that he was a prominent member of the PAC in that area and there was this conflict that was there.  In a way, as well ...