Amnesty Hearings — Pinetown — 2000-01-19

CHAIRPERSON: We are sitting here today to hear the application of Mr Christo Nel.  Perhaps we should put on record the identity of the Members of the Committee and persons present.

ADV BOSMAN: I'm Francis Bosman, Amnesty Committee Member.

MR LAX: Thank you, Chairperson.  Ilan Lax, also a Member of the Amnesty Committee.

MR VENTER: Thank you, Mr Chairman.  Advocate J A Venter, instructed by Calitz, Crockett and Associates, on behalf of the applicant.

MR SHAIK: Yunis Shaik and I am the victim in the matter, I appear for myself.

MS THABETHE: Ms Thabethe, Evidence Leader for the TRC.

CHAIRPERSON: Right, what is the position, Mr Venter?

MR VENTER: Mr Chairman, as discussed in chambers, this is an application for an adjournment in this matter.  The counsel that was supposed to appear for the applicant, is not available today and the applicant himself is engaged in professional duties.  I have indicated to the Evidence Leader that we will bring an application and try and arrange a date that is suitable to everybody.  Mr Chairman, I'm pleased to announce that a date has been arranged whereby all the parties can be present and that date will be conveyed by me personally to the applicant.  I have confirmed with the applicant via cellphone that is available on that day, the 3rd of April the year 2000, at this venue in Pinetown.  Thank you, Mr Chairman.

CHAIRPERSON: Does that suit you?

MR SHAIK: Yes, it does.  It suits me, Judge Wilson.

CHAIRPERSON: ... the Amnesty Committee, arrangements will be made accordingly.  I think we should place on record that the reason for the adjournment, as I understand it and I certainly would not be considering it on any other basis, is not that the applicant is not available today or that his lawyer is not available today, it is that unfortunately, due to misunderstandings and due to the fact that the Xmas holidays intervened, sufficient notice was not given to the applicant of the date fixed for the hearing, that is of today's date, to expect him to have made adequate arrangements to be here himself and to have arranged representation.  It is in the light of that that we were prepared to consider the application for an adjournment.  I say this because I want to make it quite clear that it is not the intention of this Committee, to grant adjournments merely to suit the convenience of the applicant where he may have found something more lucrative to do on the day in question, or something of that nature, but we are satisfied on the information put before us, that in the present instance the applicant was placed in a position of some difficulty in making suitable arrangements and we are accordingly prepared to meet his convenience.
	I would also like to place on record the fact that we're extremely obliged to Mr Shaik for his co-operation in this regard, he has been here today ready to go on with the hearing and he has agreed to the matter being adjourned without opposition and we understand very much how much he wants to dispose of the matter, and we appreciate the attitude that he has adopted.
	In those circumstances we now adjourn the present hearing till the 3rd of April, at the same venue, that is at the Magistrate's Court, Pinetown, 10 o'clock in the morning.
	There are no other matters set down for hearing.  We will now take the adjournment.

MS THABETHE: As the Committee pleases, Mr Chairman.

MR VENTER: As the Committee pleases.

CHAIRPERSON: Sorry, I should have also placed on record my thanks to everyone present here today for their co-operation in discussing the matter and coming to an arrangement.
HEARING ADJOURNED TO 3RD APRIL 2000