CHAIRPERSON: Good morning to you all. Today is the 18th October 1999, we are supposed to be commencing with the application for amnesty in respect of the Justice Mbizana matter, wherein the following applicants are going to be heard: Mr W J Momberg, Mr E Goosen, Mr H J Prinsloo, Mr J P Roodt, Mr D J Kruger, Mr S P Mathebula, Mr K J Matjeni and Mr J J Strydom.
The Panel that will sit to hear this application is the same Panel that sat here last week. For the Amnesty Committee, Mr Andre Steenkamp, he is the Evidence Leader. May we kindly get legal representatives to state their names for the record?
MR ALBERTS: May it please you. The name is George Alberts. I appear for Momberg and for Goosen, assisted by Gerhard Botha.
CHAIRPERSON: Thank you, Mr Alberts.
MR DU PLESSIS: Thank you, Honourable Chairperson, Rudolph du Plessis. I act for Mr Roodt, Mr Strydom, Mr Crafford, who is deceased, but his application continues, simply for purposes of civil liability. And then may I just correct one thing. Brig Jack Cronje also applied for amnesty in this matter, and I think you did not name him when you read out the list. I act for him as well.
CHAIRPERSON: My apologies. It is hereby noted that Brig Cronje is also an applicant in this matter.
MR DU PLESSIS: Thank you, Chairperson.
MR JANSEN: Thank you, Madam Chair. C R Jansen on instructions of Julian Knight Attorneys. We act for Mr Jerry Matjeni. Thank you.
CHAIRPERSON: Thank you, Mr Jansen. Mr Lamey?
MR LAMEY: Thank you, Chairperson. Lamey, representing Mr Mathebula.
CHAIRPERSON: For the victims?
MR VAN HEERDEN: Thank you, Chairperson. Naas van Heerden, acting for the family of Justice Mbizana.
CHAIRPERSON: Yes. Mr Steenkamp, are we in a position to commence with these applications today?
ADV STEENKAMP: Madam Chair, unfortunately, although there were certain discussions between myself and some of the legal representatives, it became evident this morning that Adv Harry Prinsloo and Adv Louisa van der Walt are engaged in an amnesty hearing in KwaZulu Natal, Durban. They're also appearing for Mr Prinsloo. I think Adv van der Walt is appearing for Mr Prinsloo. It became evidence this morning after further consultations, that there is a risk of prejudice for Mr Prinsloo. I have raised this matter with Adv van Walt this morning. Mr Prinsloo phoned me back and after further consultations he informed me that although he gave an undertaking that he'll be here by Wednesday, he however will make specific arrangements and he will be available only tomorrow morning, apparently only at 10 o'clock at the earliest. He however also asked me to inform the Panel that he is also engaged today with his client, at the amnesty hearing there and for practical purposes he will still have to attend the whole hearing today, in Durban, but he will undertake that one of them, either Adv Prinsloo or Adv van der Walt will be here tomorrow morning to represent Mr Prinsloo.
Just for the record, I think there was - this discussion was not fully canvassed with all the legal representatives, but I think that's the view of all the applicants' lawyers as well as the victim's lawyer, that it's in the interest of justice, the interest of the rights of Mr Prinsloo that one of his representatives must at least be here when evidence will be led in this matter.
It's my respectful view, Madam Chair, that this matter will have to stand down unfortunately, it's fait accompli. This matter will have to stand down, as it pleases you, until tomorrow morning 10 o'clock, for Mr Prinsloo to be available for Mr Prinsloo. Thank you, Madam Chair.
CHAIRPERSON: Mr Alberts, what is your view in respect of having to have the matter stand down until tomorrow morning?
MR ALBERTS: Regrettable as it may be, I agree with my learned friend, that it's in the best interest of everyone and in the interest of justice that everyone who has engaged legal representation, enjoys such representation before the hearings commence.
CHAIRPERSON: Yes. Mr du Plessis?
MR DU PLESSIS: Thank you, Madam Chair, I agree.
CHAIRPERSON: Mr Jansen?
MR JANSEN: Similarly so, thank you.
CHAIRPERSON: Mr Lamey?
MR LAMEY: I've got no objection, thank you.
CHAIRPERSON: Mr van Heerden?
MR VAN HEERDEN: There's no objection, Madam Chair.
CHAIRPERSON: Yes. In the interest of fairness, equity and justice, particularly in relation to Mr Prinsloo's proper and fair legal representation, we are of the opinion as a Committee that this application cannot proceed without the legal representatives of Mr Prinsloo being present. We have been told that Ms van der Walt and Mr Prinsloo, who are representing Mr Prinsloo, the applicant, are currently involved in an amnesty application in Durban. It is therefore a ruling of this Committee that inasmuch as we are greatly disturbed by the repeated postponements of our proceedings in these amnesty hearings, we have to grant Mr Prinsloo the right to be fairly represented. We therefore are standing this application down until tomorrow morning at 10 o'clock. We'll adjourn until tomorrow morning at 10 o'clock.
COMMITTEE ADJOURNS
