ON RESUMPTION
CHAIRPERSON: Yes. The remaining matter on the roll is the application of Kevin Mdlankomo. We have experienced some difficulties in this matter. Mr Mohlaba appears for the applicant in this matter. He is present at the venue and Adv Vilakazi appears for the next of kin of the victim, the deceased in this matter. The applicant has not appeared at the venue up to now. We are mid-way through the day and we have stood the matter down for a while just to try and ascertain his whereabouts or what possibly could be the explanation for his absence here. A lot of efforts have been made, also by the representatives of his present employer, which is the National Intelligence Agency, but to no avail. There is just no indication at this stage as to what could possibly have happened to him. There is no indication before us that his absence can be found to be due to willful conduct on his part. We have in fact been informed that it is reported that someone who had spoken to the applicant in the course of the evening yesterday, had indicated that the applicant has been aware of the fact that he should be here at the JISS Centre this morning in order to have his amnesty application heard, but besides that, there is no other indication or explanation for the fact that he is absent, any indication as to the reason why he is absent from the hearing.
The widow of the victim, Ms Ngema, is also present at the venue. The Amnesty Committee has arranged for her presence. She is ordinarily resident in Swaziland and obviously it has taken some resources in order to secure her attendance here as well, so that is another matter that obviously is relevant in regard to what ought to be happening to this matter.
Now Mr Mohlaba against that background, what is your position at this stage?
MR MOHLABA: Chairperson, I do not have instructions at this stage as I do not know what renders the applicant not to be here, so I will ask to provisionally withdraw from this matter and be excused.
CHAIRPERSON: Yes. Ms Mtanga, have you got any views as to what we ought to be doing with the matter?
MS MTANGA: ; Chairperson, I would suggest that we postpone the matter and possibly find time to locate the applicant and just find out if he is still interested in the application.
CHAIRPERSON: Yes. Ms Vilakazi, have you got any particular strong view about this matter?
MS VILAKAZI: No particular view except that the widow would not be opposed to a postponement if need be.
CHAIRPERSON: Yes. Well as I've indicated, there is no basis for us to find at this stage that Mr Mdlankomo's absence is due to any willful actions on his part, ignoring his application, after all amnesty applications are things that are submitted to the Committee voluntarily and are pursued by the applicants at their own choice. There is the indication that Mr Mdlankomo was aware from a conversation that he had with somebody who reported that conversation that he should be here today. He's not given anybody any indication that he does not intend to proceed with his amnesty application. On the face of it there doesn't seem to be any reason why he should not wish to proceed with his application and under those circumstances, it would appear to be in the interests of justice for us to concede or exceed to the view of Ms Mtanga to postpone the matter sine die at this stage, to allow further opportunity in order for the Committee to make contact with Mr Mdlankomo and to clarify his application. So under those circumstances, we are going to postpone this matter sine die. We have noted your position Mr Mohlaba and hopefully if the matter comes to fruition at some stage, you might be able to make yourself available again to assist the applicant and likewise to you, Ms Vilakazi, but at this stage we want to thank you for your willingness to be of assistance, both to the applicant and Ms Vilakazi to Ms Ngema, but we'll have to postpone the matter under those circumstances.
I assume that takes care of our roll, Ms Mtanga?
MS MTANGA: Yes, Chairperson, but there is a bundle that was prepared, which has the following matters. Application of Groskopff, Molefe and Dinale. This was done with the hope that the Committee will deal with these matters in chambers and decide whether they should be struck off the roll. Mr Groskopff matter, I have been informed that he has made contact with the Commission so it should be set down in future.
CHAIRPERSON: Yes.
MS MTANGA: Mr Molefe and Mr Dinale, we've advertised for them since July, they have never made any attempt to contact us.
CHAIRPERSON: I just want to see that one. I'm aware of the situation of Mr Groskopff and of the fact that he has in fact been in contact with the office a few days ago for the first time. There was some miscommunication and I think the Committee was in the possession of wrong addresses, but he was located and he's desirous of proceeding with his application, so that will have to be dealt with in due course. More than likely together with the matters that were not finalised in this session.
Yes now Molefe and Dinale, you say that the attempts have been unsuccessful in locating either of these two applicants?
MS MTANGA: ; Yes, Chairperson.
CHAIRPERSON: And what do you ask in respect of them?
MS MTANGA: Chairperson, I would like to apply to the Committee to strike these matters off the roll, because we are not of any other view how we can deal with them, in the view that these applicants do not, have not been contacting us at all about their applications.
CHAIRPERSON: So are you satisfied that you have taken all steps that we reasonably could in order to locate them?
MS MTANGA: Yes, Chairperson.
CHAIRPERSON: Yes. Well on the strength of that, the matters of Molefe AM6450/97 and Dinale, 6476/97 are struck from the roll. The matter of Groskopff will be heard at a subsequent stage. Is there anything else that needs attention?
MS MTANGA: No, there's nothing else Chairperson, thank you.
CHAIRPERSON: Well then that takes care of the roll here and the business for this session. Before we adjourn we express our usual thanks to everybody who has assisted us in having this hearing in this venue. We are aware of the efforts that go into arranging a session of this nature and we extend our thanks and appreciation for all of those people who have assisted us in this regard.
On that note we will adjourn.
HEARING ADJOURNS
