amntrans AMNESTY HEARINGS 2000-06-28 JOHANNESBURG 3 MOSES MAYEKISO AM4161/97 https://sabctrc.saha.org.za/hearing.php?id=54291&t=&tab=hearings https://sabctrc.saha.org.za/originals/amntrans/2000/200628jh.htm MOSES MAYEKISO (sworn states) CHAIRPERSON Thank you. Mr Raditapole? EXAMINATION BY MR RADITAPOLE Mr Mayekiso, do you confirm the contents of the joint submission made by Mr Naidoo? MR MAYEKISO I do confirm the statement, the joint statement as read by Jay Naidoo and also reiterate the fact that the answers to questions answered by Jay Naidoo and Sydney Mufamadi. MR RADITAPOLE Thank you. NO FURTHER QUESTIONS BY MR RADITAPOLE CHAIRPERSON Thank you. Mr Malowa, any questions? MR MALOWA No questions Chair. NO CROSS-EXAMINATION BY MR MALOWA CHAIRPERSON Mr Mapoma? MR MAPOMA I have no questions, Chairperson, thank you. NO CROSS-EXAMINATION BY MR MAPOMA CHAIRPERSON Judge Motata? JUDGE MOTATA None Chairperson, thank you. CHAIRPERSON Mr Sandi? ADV SANDI Thank you, no questions. CHAIRPERSON Mr Mayekiso, thank you, that was very short and sweet, thank you very much, that concludes your testimony. WITNESS EXCUSED CHAIRPERSON Mr Raditapole, any further evidence? MR RADITAPOLE Mr Chair, just to wrap up the submissions, to make the point that the conduct of the applicants in relation... CHAIRPERSON I just want to find out whether there is any further evidence. No further evidence? MR RADITAPOLE Mr Chair, there is no further evidence, that is the evidence for the applicants. CHAIRPERSON Mr Malowa, any evidence to be led by you? MR MALOWA No, no evidence Chair. CHAIRPERSON Mr Mapoma, any further evidence? MR MAPOMA I have no further evidence, Chairperson. CHAIRPERSON Thank you. Now, Mr Raditapole, you can make your submissions, thank you. MR RADITAPOLE IN ARGUMENT Thank you Chair, I apologise for jumping the gun. CHAIRPERSON Just sticking to procedures really. MR RADITAPOLE Mr Chair, just to wrap up the evidence, to state that the conduct of the applicants in relation to Mr Maleka was reasonable in the circumstances, that it was quite proportionate, proportional to the political objective that was sought to be achieved, namely the expose of the duplicity of the State at the time. Having said that, then to submit that the applicants have complied with the requirements of the Act, that the offence to which ... CHAIRPERSON Sorry, it is abundantly clear that the whole in ... (no microphone) ... political struggle that was carrying on at that stage, there is no doubt about that. MR RADITAPOLE That is correct Chair. So again the, and of course that relate to the conflicts of the past as required by the Act. And to submit finally that the applicants have made a full disclosure of all the relevant facts and that accordingly the applicants are entitled to a favourable decision by the Committee, thank you Chair. CHAIRPERSON Thank you. Mr Malowa, do you have any submissions that you would like to make? MR MALOWA IN ARGUMENT That is correct Chair. My instruction by Mr Maleka is that he does not have, he doesn't oppose the application and he does not have an interest in this application, whether they are granted amnesty or not. He wasn't even concerned whether they make a full disclosure of what had happened on that day. However, it is the duty of the Panel to make sure that there is a full disclosure that has been made in regard to the applicants' action. CHAIRPERSON Yes, we are bound by the provisions of the Act in the event of amnesty being granted, to express our opinion as to whether the victim is a victim as contemplated by the Act, and if so, to refer the matter to the Committee on Reparations and Rehabilitation for their consideration in terms of Section 22 of the Act. That is done as a matter of course. Any further submissions? MR MALOWA No further thing to add on this. CHAIRPERSON Thank you Mr Malowa. Mr Mapoma, do you wish to make any submissions? MR MAPOMA Thank you Chairperson, no submission, I will leave it in the hands of the Committee. CHAIRPERSON Thank you. As explained to Mr Raditapole, just before we started, we have a policy of handing down written decisions, I shall ensure that the decision is made as soon as possible, and a written decision will be handed down in the near future and in that regard, the decision is therefore reserved. Mr Raditapole, I would like to thank you for your assistance, Mr Malowa, thank you, Mr Mapoma, thank you. That concludes the hearing, thank you very much. MR RADITAPOLE Thank you sir. CHAIRPERSON Mr Mapoma, do you want to take a short adjournment now, or are you ready to proceed with the next matter? MR MAPOMA I will appreciate a short adjournment, Mr Chairperson. CHAIRPERSON We will take a short adjournment and reconvene as soon as you are ready, thank you. COMMITTEE ADJOURNS