CHAIRPERSON: What has been set down before us today is what is alleged to be the amnesty application of Mr Labuschagne in relation to the killing of M K Viva and others. We have had an opportunity of reading the papers and as the applicant is aware, we have read the papers in a previous application in which Mr Labuschagne was involved and we have, on the fact of it, we have come to the conclusion on the face of the papers before us that the application was lodged after the closing date and accordingly that there is no proper application as such before us.
We have discussed the matter among ourselves and we have indicated that in our view the solution to the problem and problem there undoubtedly is that we should strike the matter off the role, that the applicant should thereafter bring a substantive application to the Amnesty Committee on papers in the ordinary way, requesting a ruling on whether the application can be considered, or what other steps might have to be taken to enable the applicant's application to be considered.
The Amnesty Committee of the TRC will of course thereafter serve copies of such an application on any implicated or other interested parties, who would in their turn be entitled there to file opposing applications, opposing affidavits and other papers they might consider relevant. Once this has been completed, the Amnesty Committee as such will thereafter consider, subject to representations from the party, what procedure should be followed.
Do you agree with that Mr du Plessis?
MR DU PLESSIS: Yes, I agree with that Mr Chairman.
MS VAN DER WALT: Yes, I agree.
CHAIRPERSON: As a possible, I say possible, because we have heard nothing, implicated party, you agree?
MS VAN DER WALT: Yes, I agree.
CHAIRPERSON: Just put yourself on record first please.
MS MAKHUBELE: Adv T A Makhubele from the Pretoria Bar, appearing for all the victims in this matter. I agree with the problem.
MS LOCKHAT: Lynne Lockhat, Truth Commission, I fully agree with you Chairperson.
CHAIRPERSON: Right we accordingly direct that the matter be removed from the roll. I use the word removed, rather than struck off because it is not in any way a rejection as such, it is a procedural step. The matter is removed from the roll subject to what I have already stated.
Thank you all.
MS LOCKHAT: Chairperson.
CHAIRPERSON: And we won't see anybody till Monday.
MS LOCKHAT: Chairperson, just for the sake of people, for those matters that are set down for next week, for the sake of Mr Jan Wagener who's involved in some of those applications, I just want to place on record that according to our schedule for next week, that all those matters will be postponed to next year, Chairperson.
CHAIRPERSON: I take it - has he not been informed of that?
MR WAGENER: Chairman, Good Morning, Jan Wagener on record. No I've been told that the incidents of next week, they're still in limbo more or less and I just wanted to make sure, are they now going to be postponed or should be stay available for maybe?
CHAIRPERSON: As far as I can say and if you'd been here yesterday, you would have realised that the information changed from minute to minute as to what was being done by our office in Cape Town but what was finally decided was that on Monday we would continue and endeavour to complete the ...
MS LOCKHAT: M K Valdez.
CHAIRPERSON: M K Valdez application. One of the members of the Committee is not available on Wednesday, he is engaged at another hearing and on Thursday and Friday we would endeavour to finish this week's applications, so there would be no time, although I very much wanted to deal with next week's, but it was felt that it would be better to avoid part-heard matters, where there is always a problem of assembling the same Panel, so it was felt it would be in the ultimate interest of the parties, although it might cause them certain disappointment at the present time, to postpone their applications.
I did say yesterday and I would like to stress it again, that I requested the Cape Town office to communicate with the legal representatives of all the parties involved, before ascertaining any further dates for set down, to ensure that the dates selected suited the parties, whom I know have already made arrangements. Legal advisers who have already made arrangements, to be available next week, have now had to, at short notice, change those. They should not summarily be told sometime in the future that the hearing has been set down again the week after next and I trust that the Cape Town office will communicate with you all, Mr Wagener, so it may be impossible to meet all your requests, but to try to get a friendly a solution as soon as possible to the new dates.
MR WAGENER: Thank you Chairman and I will inform Adv Visser accordingly, thank you. ...(indistinct - microphone turned off)
MS LOCKHAT: That's correct Chairperson.
COMMITTEE ADJOURNS
