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Amnesty Hearings

Type AMNESTY HEARINGS

Starting Date 09 March 2000

Location PRETORIA

Day 12

CHAIRPERSON: When we adjourned yesterday the Panel was confronted with what has turned out to be very intricate legal issues, that need to by pronounced upon by this Panel. We initially thought that we would be able to make a ruling on all those issues this morning. Unfortunately we are unable to do so. We consequently then would have to reserve this ruling for a further period and we hope to be in a position to make this ruling and publicise it within the month. We will do so in writing. In the meantime, the parties are requested to continue with their endeavours to obtain the co-operation of certain witnesses. Perhaps it is unnecessary to issue any subpoenas. Nonetheless the rulings have been asked for for future conduct and we appreciate the request and whether you obtain the co-operation of such witnesses or not, we will nonetheless issue the ruling.

We want to postpone this matter to the two weeks beginning 5th June and we hopefully can squeeze this whole issue and hearing into those two weeks. We would request the parties to be prepared from the 5th, and no speculation as to whether the matter will come on or won't come on. As we have learnt to our disadvantage, if you want to call it, that anything can happen in these cases, within 5 minutes the whole scenario can change and it would be foolhardy then to continue speculating on whether we will continue or not. If the matter's set down, let's be prepared before the period starts so that we can get on with the job. I emphasise that I hope that that will be the case for the two weeks in June. I'm not ...

MACHINE SWITCHED OFF

ON RESUMPTION

CHAIRPERSON: To avoid any misunderstanding, the Lesotho matter was scheduled to continue in those two weeks. We will ease this one into those two weeks if possible. Hopefully we can.

The matter then is postponed to the 5th of June 2000 and hopefully all representatives would have sorted out their problems by then.

Yes, Mr Wagener.

MR WAGENER: Chairman, Good Morning. I note that the second Friday, that's Friday the 16th, seems to be a public holiday so that leaves us with nine days and I was merely wondering whether we shouldn't play safe and arrange for a further one week also in order to definitely finish because we don't know yet what the position of Dr Barnard and Mr van Heerden will be, but should they attend and should they be cross-examined, we may find ourselves in a very ...(intervention)

CHAIRPERSON: Well you'll know that within this month, or within 30 days whether we are going to order that subpoenas be issued in their respect. I will bear in mind what you say and I'll talk to the office, maybe temporarily set a third week down, not officially, so no-one can hold us to it. Was that all Mr Wagener?

MR WAGENER: Thank you.

CHAIRPERSON: Ms Patel, did you want to say something?

MS PATEL: Yes. I'm sorry Judge, is the ruling for this incident going to be made during June only or are we going to get it before then?

CHAIRPERSON: I said within 30 days hereof.

MS PATEL: Oh alright, then I'm sorry, I misunderstood. Thank you.

CHAIRPERSON: Then you'll have about almost two months before to make preparations. I hope that is fair enough to everybody. Sorry we couldn't give the ruling today but you may well appreciate the implications of whatever we decide, huge implications. Thank you. We will postpone our batch of hearings to Monday morning 12 o'clock.

I understand we're not sitting here next week. Perhaps Ms Patel can indicate to you where we're sitting, but it will be in Pretoria. Thank you.

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