ADV MEMANI
I will be dealing with Makubalo, maybe we should just finish him off anyway, Mr Chairman.
	In the case of Makubalo, Mr Chairman, my submission is that the evidence of all the other policemen who testified should be rejected as being false. Clearly, they were not being truthful about the incident. 
	One, Mamome, for instance, suggests that he used the vehicle to chase Mr Makubalo while the evidence of the rest of the people suggests that the vehicle was stationary where they had found Mr Makubalo. That would be motivated by a desire on his part to deny that he was chasing after Makubalo and that he fired shots at Mr Makubalo.Two, he made the ridiculous suggestion that there is a policeman who never carries a firearm, and that clearly was motivated by a desire to deny that he fired shots on that day.
	He also denied ever having worked with Motsamai when, in fact, time and again from evidence spontaneously it did appear from the evidence that he did work with Motsamai. And the latest case was that of Coetzee who said that he used to work with Motsamai and Mamome.
	The rest of the witnesses were clearly conspiring against Mzuzwane. That conspiracy is evidenced by the fact that each of them was certain that Mr Motsamai was the only one who shot at Mr Makubalo at all times, and yet during cross-examination it appeared that on their evidence Mr Motsamai and Mr Makubalo were not in their view at all times when the shots were being fired. Now, you would ask yourself, what made them then believe that it is Motsamai only who shot? The only explanation is that they just ganged up against him and decided that they were going to say that Motsamai shot.
	Mr Chairman, there is also the difficulty that each one of them had, which is that they never applied for amnesty, and it cannot be said that the shooting of Makubalo was lawful. In order for the shooting to have been justifiable in terms of, I think, s 49, it would have required that he first should have been warned. There was no suggestion that he was warned. 
	Firstly, there was no suggestion that he was warned that he was about to be arrested. 
	Secondly, there was no suggestion that any warning shots were ever fired at him. So, clearly, not one of them regarded the shooting at Makubalo as being lawful, hence the desire on their part to distance themselves from the shooting.
	Mr Chairman, the probability is that Mr Makubalo, rather Mr Mamome was the first to shoot. He would have been the first to shoot because the victim was on his side. He was the driver, he was sitting on the right side. He would have been the nearest to Mr Makubalo, and that also explains the fact that eventually he caught Makubalo.