CHAIRPERSON: Mr Tinyane and the legal representative?
MS THABETHE: Mr Chair, we have a slight problem, the legal representative for the applicant is outside. She is coming just now.
MR MALAN: Shall we break for five minutes?
CHAIRPERSON: Yes, I think we should break for five minutes for the Interpreters to catch their breath. We shall have a five minute adjournment.
MS THABETHE: As the Committee pleases.
COMMITTEE ADJOURNS
CHAIRPERSON: Thank you, we are due to start with Tinyane. We have once more perused his application and the supplementary affidavit which he has filed. Is Mr Tinyane here? Yes, and we have further perused your application and the supplementary affidavit. In the absence of your lawyer, we are of the opinion that your matter can be dealt with in Chambers, because we could not detect any gross human rights violation. We would in the circumstances say the prison authorities can take you back, we will immediately forward it to Cape Town that it be dealt with speedily in Chambers and advise you of the decision. Do you follow what I have been saying?
MS THABETHE: Sorry Mr Chair, I realised he had just put in the earphones, and I am not even sure whether he followed what you were saying, because it was not translated.
CHAIRPERSON: I will repeat myself. I am saying we have had a further opportunity of perusing your application together with the supplementary affidavit, supplementing particulars in your application. We are of the view that there is no gross human rights violation and matters of this nature, are not dealt with in a hearing, but in Chambers. We will refer it back to Cape Town that they deal with it speedily and advise you of the decision they have arrived at. Do you follow what I am saying?
MR TINYANE: Yes, I do understand.
CHAIRPERSON: We would in the circumstances say that the prison authorities are released, they can take you back, we shall make our best efforts that this matter is brought to your attention as soon as the decision has been made because we detect no gross human rights violation in your matter, and such matters are not hearable. Do you follow again?
MR TINYANE: Yes, I do.
CHAIRPERSON: We should apologise that you have been brought here unduly and apologise again to the prison authorities about this misunderstanding. Please bear with us, because we simply sit here and hear matters, we don't process the matters. Okay sir, you may stand down and you are excused. We shall advise your lawyer accordingly.
MR TINYANE EXCUSED
CHAIRPERSON: Mr Padi, are you in a position to proceed with Phahlane?
MR PADI: Yes, I am ready Honourable Chair.
