amntrans AMNESTY HEARING 1999-01-21 PORT ELIZABETH 4 LULAMELE BALEKA - MAZILE DINGANE AM 3849/96 & AM 3838/96 POSTPONEMENT https://sabctrc.saha.org.za/hearing.php?id=53112&t=&tab=hearings https://sabctrc.saha.org.za/originals/amntrans/1999/99011822_pe_990121pe.htm ON RESUMPTION CHAIRPERSON Ms Patel, are we now in a position to commence with the next application? MS PATEL Honourable Chairperson, the next matter on the role is that of Lulamele Baleka and Mr Mazile Dingane. Honourable Chairperson, I wish at this stage to request that this matter be postponed. There is certain information that has come to light, that needs to be investigated. There is also a witness whose testimony is crucial to the fair and just adjudication of this matter, who unfortunately was not subpoenaed and it is on those grounds that I request that the matter be postponed. CHAIRPERSON Mr Mbandazayo, what is your response to a request for a postponement? MR MBANDAZAYO Thank you Chairperson, and Honourable members of the Committee. Chairperson, on our side, in view of the fact that this is the Truth and Reconciliation matter and all of us, we are interested in getting the truth of what actually happened, we want to get and also the Committee to be able to reach a fair and a just decision in whatever matter it is handling, we are not opposed to the postponement, as long as on the next date when the matters are scheduled, this matter will be given priority as it has been done in the matter of Dingane, which was also postponed in the last hearing. If it can be given a priority, we will be glad Honourable Chairperson. CHAIRPERSON Ms Patel, are you able to give Mr Mbandazayo an undertaking that this matter will be given priority in the event of it being postponed? MS PATEL Yes, most certainly Honourable Chairperson. CHAIRPERSON Ms Patel, can we again implore your Department to ensure that when matters are set down, they have been fully investigated and very ripe for a hearing in order to avoid matters being postponed only when we are here in a venue and at great costs I think to the people who are attending these hearings, the public, the applicants and also the members of the Committee? We will grant you a postponement. The matter is accordingly removed from the role. MS PATEL Thank you Honourable Chairperson. I will certainly convey the sentiments of this Honourable Committee to my Department. CHAIRPERSON That being the case Ms Patel, what is the next matter scheduled for today? MS PATEL The next matter scheduled Honourable Chairperson, is that of (indistinct), it is the witness that we were waiting for this morning. She unfortunately has just arrived, I haven't had an opportunity to consult with her yet. I would accordingly request your indulgence in this matter, so that I can consult with her before we proceed with that matter. CHAIRPERSON How long to you need for your consultation? MS PATEL I think half an hour would suffice. CHAIRPERSON We will then take an adjournment for 30 minutes. In fact I think, we will simply break for tea Ms Patel. MS PATEL All right. Maybe at this stage, I can also raise the matter of Lunco Nkuamanda. The position with that matter is also that certain information was brought to my attention only this week. Certain crucial information that also requires further investigations and my request as in the Baleka matter, is the same with this matter, Honourable Chairperson. CHAIRPERSON We must again reiterate our despondency about how these matters are being run. I cannot emphasise the unhappiness of this Committee in having to be told that matters set down, have been erroneously set down without having been fully investigated. I hope Ms Patel, this situation will be avoided at all costs next time. We must attempt by all means to make sure that matters which have been scheduled, are matters which are ripe for a hearing, because this Committee has a very short life span and it cannot afford to miss an hour of its time in not hearing matters. I know this is not a situation of your own making, and it is on those bases that this Committee greatly sympathises with the position in which you are. We will again then remove that matter from the role. Was it supposed to have been heard today as well? MS PATEL Yes, it was Honourable Chairperson. CHAIRPERSON Have you discussed that matter with Mr Mbandazayo? MS PATEL I have Honourable Chairperson. CHAIRPERSON Mr Mbandazayo, do you have anything to comment on the request made by Ms Patel in respect of the matter she has mentioned? MR MBANDAZAYO Thank you Chairperson. I confirm that we have discussed with Ms Patel, this matter. Also Chairperson, in as much as I agreed to her postponement, I also voice my displeasure at this Chairperson, because definitely it is strenuous to come all the way and the matter is postponed, is not ready for hearing. Chairperson, we have agreed to the postponement of the matter. CHAIRPERSON I think this Committee is greatly indebted to your understanding Mr Mbandazayo, because I think it must be very difficult for you to try and convince your clients who are serving sentences and are in custody, that they have to come here, expecting that their applications will be heard, only to be told that their matters will not be proceeded with, because of administrative problems from the side of the Amnesty Committee. We hope that this will not happen again. Thank you very much for your indulgence. We will then adjourn for 30 minutes. COMMITTEE ADJOURNS