CHAIRPERSON: What is the position today as regard hearings?
MR KNIGHT: Thank you Mr Chairman. With regard to Mr Mfalapitsa, Mr Chairman, there appears to be a breakdown in communication in obtain his instructions as well as to having him here today. Arrangements were made at the inception of this hearing for him to be present today and there were interim arrangements made last week. I understand the TRC's witness protection people and Oupa, the person involved, actually went to Rustenburg to see him approximately two weeks ago, as well as last weekend and this weekend and I was under the impression that arrangements were made that he would be brought today, but I have spoken to Oupa who advises me that when he went over the weekend to Rustenburg to make the final arrangements to bring Mr Mfalapitsa, that he was not available and he could not see him, he could not make communications with him. Chairperson, the applicant does know that he was due to appear today and I have no explanation for his absence. I did try and contact the telephone number and spoke to a person who said that they were his sister and that they would pass the message on to him, however they would only be able to see him much later in the day, so then there's nothing further that I can add and I'm in your hands.
CHAIRPERSON: Well we have discussed this matter and the problem is that we do not regard it as proper that we should sit here for the rest of the week waiting to see if Mr Mfalapitsa condescends to arrive. If we knew that he was coming, certainly, on a later day, we would hear his application on that day, if arrangements had been made properly through you and I think we should place on record that your firm last week did make contact with the Leader of Evidence, did make arrangements and it is - no blame can be attached whatsoever to your firm, it is Mr Mfalapitsa who has apparently decided that he does not wish to appear before the Committee and in those circumstances it seems to me that the best we can do for him is to adjourn this matter and if he has not arrived by the end of the hearing, whenever that may be, today or tomorrow or later, then his matter will be struck off the role and if you could try to get that information passed on to him, we would be grateful to you, but we appreciate your difficulty there.
Does anyone else have anything to say regarding that? Right, so the matter stands down now till later in the roll.
MS MAKHUBELE: Sorry. If I may indicate the victim in this matter is present. I don't know what the position will be, should she stick around Pretoria because apparently she comes from East London. Should she stick around and if so, for how many days? Should she wait until the hearing...
CHAIRPERSON: Could she, without too much - is that the victim sitting next to you?
MS MAKHUBELE: Yes.
CHAIRPERSON: Could she, without too much inconvenience, remain here till tomorrow? By that time I think we will have reached a final decision because it just may be and I don't want to be unfair to anyone, we do know that there are travel situations that do arise and it may be that there is some legitimate reason why Mr Mfalapitsa is not here this morning. But if that is so, we would certainly have learned of it by tomorrow, so if the victim could possibly remain till tomorrow, we would be extremely grateful. What is her name?
MS MAKHUBELE: Themba Gasi.
CHAIRPERSON: Is she the next of kin?
MS MAKHUBELE: Yes, she's the sister to the deceased.
CHAIRPERSON: Thank you and we're obliged to her for having come here today as arranged, one of the few people who has done what they can to help and show the proper interest. Thank you and Mr Knight, you are excused, we do not expect you to sit around here and if we hear anything, we will notify you immediately.
MR KNIGHT: Thank you Mr Chairman. I will do my best to convey what has been decided to my client. Thank you.
JUDGE DE JAGER: And you will advise us tomorrow morning early what the position is, whether he'll be here or not?
MR KNIGHT: Yes, I will, thank you Mr Chairman.
CHAIRPERSON: What is the next matter?
MR MAPOMA: The next matter Chairperson, is that of L L Magajana, Amnesty Application 7399/97.
CHAIRPERSON: What number is it on your list?
MR MAPOMA: It's number 20 in my separate list.
JUDGE DE JAGER: And number E.
MR MAPOMA: And number E in the paginated bundle.
CHAIRPERSON: Yes.
