amntrans AMNESTY HEARINGS 2000-07-25 PRETORIA 5 L MAGAJANA AM 7399/97 APPLICATION WITHDRAWN https://sabctrc.saha.org.za/hearing.php?id=54371&t=&tab=hearings https://sabctrc.saha.org.za/originals/amntrans/2000/200725pt.htm MR MAPOMA The next matter, Chairperson, will be that of Magajana. JUDGE DE JAGER That's number? CHAIRPERSON Number 20. MR KOOPEDI I believe Judge de Jager already knows where I'm going. He saw me fold my files Chairperson. I have been instructed to withdraw this application. CHAIRPERSON You're withdrawing that? MR KOOPEDI That's right, Chairperson. CHAIRPERSON Very well. MR KOOPEDI My instruction goes further than a withdrawal Chairperson, the would-have-been applicant has asked me to ask this Committee to recommend that Mr Mbatha is indeed a victim. CHAIRPERSON Mr Who is a victim? MR KOOPEDI Mr Mbatha is a victim. MR MAPOMA David Mbatha, Chairperson, he is the person who is from KwaZulu Natal. JUDGE DE JAGER We could declare him a victim if the offence or delict was associated with a political objective. Can you people assure us of that supposition? MR KOOPEDI That is indeed so, Chairperson. On the papers that are before you, the would-have-been applicant was a member of the ANC and it's Umkhonto weSizwe, belonged to the Security Department and in brief, Mr Mbatha was arrested and tortured by the Security Department. CHAIRPERSON Right. This matter, that is matter P on our roll, number 20, the application of Mr L Magajana is withdrawn at the request of the applicant by his legal representative and we further make a finding based both on what is contained in the papers and on what has been said by the applicant and that is that Mr David Mbatha is a victim in terms of the Act and we refer him accordingly to the Rehabilitation Committee.