amntrans AMNESTY HEARINGS 1999-10-14 PRETORIA APPLICATIONS OF MR MATHEBULA AND MR MOSIANE - POSTPONEMENT https://sabctrc.saha.org.za/hearing.php?id=53772&t=&tab=hearings https://sabctrc.saha.org.za/originals/amntrans/1999/99101228_pre_991014.htm CHAIRPERSON Good morning to you all. Today is Thursday the 14th of October 1999. We adjourned yesterday when Ms van der Walt was busy cross-examining Mr Mathebula. However, before we can afford Ms van der Walt that opportunity, we have been advised that Mr Lamey would like to have certain things recorded in relation to his legal representation of Mr Mathebula. Mr Lamey? MR LAMEY Thank you, Madam Chair. The situation has arisen that I feel myself duty-bound to withdraw as an attorney of Mathebula and Mr Mosiane, as a result of potential or indeed a conflict of interest. As it pleases you. I don't know whether there is anything more that you would like me to say. CHAIRPERSON I may just mention that ...(intervention) MR LAMEY I have explained this also just shortly to Mr Mathebula and I explained to him that arrangements can be made by the Evidence Leader, for alternative legal representation. I've also explained to him that it only pertains to this incident so far. CHAIRPERSON Yes. And it is also your request that you withdraw on behalf of Mr Mosiane. MR LAMEY Yes, I ask then to be allowed to withdraw for both Mr Mathebula and Mr Mosiane in this incident, thank you. CHAIRPERSON Yes. I may tangentially mention that this matter has already been discussed quite extensively in chambers, initially with Mr Lamey and the Members of the Committee and later on procedurally, with the other legal representatives representing all the applicants in relation to this matter. Mr Lamey, we have no objection as a Committee to your request that you withdraw in relation to this incident to represent both Mr Mathebula and Mr Mosiane. We however would request Mr Steenkamp to approach the legal representation of both applicants at great speed and to report to the Committee by not later than tomorrow, as to what progress would have been made in relation to the appointment of attorneys to represent both applicants, after which we will then discuss the matter with the legal representatives of the other applicants, to see how we can put that matter to bring it to its logical conclusion, because not all of them are going to be present during the other incidents that we'll be sitting here at this venue to hear. Mr Steenkamp? ADV STEENKAMP Thank you, Madam Chair. I will immediately, I'm already engaged in the process of appointing lawyers for both the applicants. I will make sure that all the necessary is done as speedily as possible. I hope to be in a position even by today to inform you exactly what the position is. CHAIRPERSON That will be greatly appreciated. ADV STEENKAMP Thank you, Madam Chair. CHAIRPERSON We must stress that it is our intention to conduct these hearings as speedily as possible. We hope we will not in future, as we sit here, particularly in this hearing and in this venue, be confronted with a situation where counsels or attorneys do not apply their minds properly and timeously to ensure that we do not encounter problems that will result in applications having to stand down. This application will therefore, as a result of Mr Lamey's withdrawal, stand down to a date to be arranged within the next four weeks. I hope that will not inconvenience the other legal representatives. I see, and I would like it to be recorded that everyone is nodding that it will not greatly inconvenience them. MR HATTINGH I confirm, Chairperson, that it will not inconvenience us. CHAIRPERSON Thank you, Mr Hattingh. The matter is standing down. MR LAMEY May I just say that I wish to apologise to the Committee, as well as to the other legal representatives about the inconvenience caused. I just want to say that I thought - I don't want to elaborate further on it, but I did not realise that the conflict was there and material during consultations, but I wish to apologise in any event if I have made a mistake in overseeing such ...(indistinct). Thank you. CHAIRPERSON Your apology is accepted, Mr Lamey. Mr Mathebula, you may stand down as a witness. You will be called, Mr Steenkamp will advise you accordingly. WITNESS STANDS DOWN APPLICATION OF MR MATHEBULA AND MOSIANE ADJOURNED TO A DATE TO BE ARRANGED