The re-hearing in Port Elizabeth of the amnesty application of three former security policemen has been delayed by a controversy over a legal representative in the case.
Gideon Nieuwoudt, Wybrand du Toit and Marthinus Ras are applying for amnesty for the 1989 car bomb death of the so-called Motherwell Four.
The hearing was to have begun in the Port Elizabeth High court at on Tuesday morning, but had still not started by noon.
It is understood that the applicants’ legal team has objected to the involvement of Advocate Dumisa Ntsebeza, briefed to represent the families of the dead men.
Ntsebeza headed the investigation unit of the former Truth and Reconciliation Commission and lawyers are reportedly claiming a conflict of interest.
If a decision is made to replace him with another advocate, the hearing may be delayed by several days.
Nieuwoudt, Wybrand Du Toit and Marthinus Ras are seeking amnesty for the 1989 car bomb murders of the Motherwell Four — three black security policemen and an askari (turned opposition member).
The original Truth and Reconciliation amnesty panel in 1997 refused Nieuwoudt, Du Toit and Ras amnesty on the grounds that their evidence was vague and contradictory.
In 2001 the Cape High Court ordered that this decision be reviewed by a fresh amnesty panel.
The victims were Warrant Officer Glen Mgoduka, Sergeant Amos Faku, Sergeant Desmond Mpipa and informer Xolile Sheperd Sakati (also known as Charles Jack).
Nieuwoudt, Du Toit and Ras were subsequently convicted and sentenced by the South Eastern Cape Division of the High Court to 20, 15 and 10 years’ imprisonment respectively.
An appeal against their sentences has been suspended pending the outcome of the amnesty hearings.
Nieuwoudt also appeared in court last month in connection with the murder of three anti-apartheid activists known as the Pebco Three in 1985.
He was granted bail and would return to court on June 3 together with former security policeman Johannes ”Sakkie” van Zyl. – Sapa