amntrans AMNESTY HEARINGS 2000-07-25 PRETORIA 5 K M MOKOAPE AM5513/97 MATTER WITHDRAWN https://sabctrc.saha.org.za/hearing.php?id=54372&t=&tab=hearings https://sabctrc.saha.org.za/originals/amntrans/2000/200725pt.htm MR MAPOMA The next matter Chairperson is number 11 on the summary list, Mokoape and number I in the paginated bundle. MR KOOPEDI If I may proceed on this matter, I have similar instructions in this matter, Chairperson. I've been instructed to withdraw this application, Chairperson and perhaps Adv Makhubele will come in on this. My instructions were further to the effect that it must be clarified that the applicant did not mean in his application on page 156 necessarily that he knew that the victim had visited these houses. This is an application where the applicant said in his application that he had information that the victim had secretly visited houses where there was sensitive information, now my instructions are to ask for the withdrawal, but also to state that what he meant is that he had heard that this victim had gone to these houses and personally had no direct proof of that. CHAIRPERSON Well, I think you have placed that on record. MR KOOPEDI Yes, Chairperson, I have. CHAIRPERSON We can make no finding in that. MR KOOPEDI That's right. CHAIRPERSON I don't know whether it's contested by anyone. MS MAKHUBELE My instruction from the victim was that the matter should be proceeded with in his absence, so... CHAIRPERSON Well, as it's now been withdrawn, you victim has succeeded. Is there to be any - there's no finding made in this case, is there? No. JUDGE DE JAGER What about the victim? Do you want him to be declared a victim? MS MAKHUBELE I have no such instructions. He said he would not be - he's not opposing, he's not coming to the hearing. MR KOOPEDI I believe, Chairperson and this is a personal belief, I don't know what weight it carries, he will not wish to be declared a victim. CHAIRPERSON My recollection is, and I speak as always subject to correction, that there was no evidence of any injury or damage suffered by the victim, was there? MR KOOPEDI On the documents before you Chairperson, you won't find anything that says that. CHAIRPERSON No, he was questioned. MR KOOPEDI Yes. CHAIRPERSON I see your erstwhile client's name appears also on the document. MR KOOPEDI I'm not sure which client. CHAIRPERSON Page 168, last entry. Very well, this matter is withdrawn from the roll.