amntrans AMNESTY HEARING 2000-03-27 PINETOWN 1 ZIBET GERALD MPANZA AM6167/97 POSTPONEMENT https://sabctrc.saha.org.za/hearing.php?id=54102&t=&tab=hearings https://sabctrc.saha.org.za/originals/amntrans/2000/200327pi.htm CHAIRPERSON Good morning. It's a sitting of the Amnesty Committee. The Panel consists of myself, Chris de Jager, Advocate Bosman SC and Advocate Sigodi. Could you please put yourself on record? MS MTANGA Thank you Chairperson, my name is Lula Mtanga, I'm the Evidence Leader for the Commission. CHAIRPERSON Which matter would you call first? MS MTANGA We'll be hearing the matter of Mpanza, Zibet Gerald Mpanza, reference number 6167/97. CHAIRPERSON Yes, it's the 27th March. MS MTANGA That is so, Chairperson. CHAIRPERSON Who is appearing for the applicant? MR RORICK Thank you Mr Chairperson, Shaun Rorick on behalf of the applicant. CHAIRPERSON Mr Rorick would you call the applicant or what is the position? MR RORICK Mr Chairperson, we're seeking a postponement of this matter to such date that it may be arranged. The reason for the application being that, there are further two individuals who wish to make an application in this very same matter. Unfortunately the directive that we received as that will be impossible for us to proceed with the further two individuals today. In the circumstances I would possibly have to make an application to the Supreme Court to find out exactly what the position is. In the circumstances it would be in the interests of justice if all three applications can be heard at the same time seeing that it deals with the very same incident. CHAIRPERSON Yes, as I've stated to you we'll be prepared to hear the applicant separately but if he is satisfied to be heard together with the others if they are granted leave to be joined as applicants it would assist us too. MR RORICK Yes Mr Chairperson, I have canvassed the issue with the applicant and he is satisfied that the matter be postponed so that we could hear the application combined. CHAIRPERSON Am I correct in stating the position is that we've got the applicant Mr Mpanza's application but there's no application, no formal application, no form being completed or signed and nowhere it is alleged that their signatures appear on a joint application for instance? MR RORICK Yes that is correct, Mr Chairperson, we only have one application for Mpanza. CHAIRPERSON But you told us and according to the affidavits being put before us they were under the impression that they as accomplices were included in the application and that they need not fill in a separate application form? MR RORICK Yes Mr Chairperson, they were under that impression. CHAIRPERSON I don't think we've got the authority to rule that we can regard them as applicants and I think you're correct in saying that you should apply to the Supreme Court or to the High Court in order to get sort of a directive for us. MR RORICK Yes certainly, Mr Chairperson. CHAIRPERSON Are we in agreement the matter will then be postponed sine die and I would like if possible that there should be consultation about the new date as it should be set. MR RORICK Certainly Mr Chairperson, I'm indebted to the Panel. CHAIRPERSON That would complete this matter. Are we ready to start with the next one? MATTER POSTPONED SINE DIE