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Amnesty Hearings

Type AMNESTY HEARINGS

Starting Date 06 October 2000

Location JOHANNESBURG

Day 5

Names PAULUS MAKHALI

Case Number AM1146/97

Matter MATTER POSTPONED

CHAIRPERSON: Good morning. We would like to start the proceedings. For the record it is Friday the 6th of October 2000. We are continuing with the session of the Amnesty Committee at the JISS Centre in Johannesburg. The Panel is constituted as would be apparent from the record. The Leader of Evidence is still Ms Mtanga and the matter that is before us this morning, the first matter, is that of Paulus Mokhali. It's a continuation of the application that stood down on Wednesday, if I'm not mistaken, till this morning. Mr Makanjee, you appeared for the applicant at that stage and you still appear for him. What is the position with the matter?

MR MAKANJEE: Mr Chair, due to the time constraints the witnesses that my client had supplied have not been able to be located and we are asking for a postponement of this matter sine die.

CHAIRPERSON: Thank you Mr Makanjee, what is your attitude?

MS MTANGA: Chairperson, I'm not objecting to the application.

CHAIRPERSON: What is your situation?

MS MAKHUBELA: I have no objection Chairperson.

CHAIRPERSON: Thank you. Yes. The matter started off before us earlier this week and it stood down until this morning because it was apparent at that stage that the matter was set down at a stage when not everything had been done, or an insufficient opportunity was allowed for everything to be done in order to enable the application to be fully ventilated before us. We let the matter then stand down until this morning in the hope that we could possibly dispose of the matter, still in the course of this particular session because it's obviously more convenient from the point of view of the Committee if we are in a position to dispose of matters in one session. However, the practicalities are always subject to the interests of justice and as much as we are anxious to dispose of these matters with the least possible delay, we must ensure that at least what we do is in the interests of justice and that all of the parties with an interest in matters before us, particularly the applicants, are given sufficient opportunities within reason to put their case before us.

It was indicated that between Wednesday and this morning, which allowed something like a day, a clear day really only, it was not possible to deal with the outstanding matters that the applicant intended to deal with and to collect the information that the applicant feels ought to be placed before us in support of his application. Under those circumstances Mr Makanjee who appears for the applicant, has applied for the matter to be postponed sine die, there's no objection to the application. We are satisfied that it is in the interests of justice to grant the application and in the circumstances the matter will be postponed sine die.

MR MAKANJEE: Thank you Mr Chairperson. May we be excused?

CHAIRPERSON: Yes Mr Makanjee, you're excused and is this your only commitment here?

MR MAKANJEE: Yes.

CHAIRPERSON: It's been very unfortunate but we will have to release you. Thank you very much for your assistance. You're excused. Ms Mtanga, what else have we got today, if anything?

MS MTANGA: Chairperson, our next matter on roll is the application of Selepe.

CHAIRPERSON: Selepe.

 
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