Amnesty Hearings — East London — 1998-04-15

MR MTEMBU: Just for the record Mr Chairman, I would request the Committee please in future, tell us about the procedure, because I am a little bit confused.  I thought that when the applicant was re-called, was because of what transpired after the testimony of Diaho-Monaheng, not that he will be asked about new issues.
	So at least in future, we should be told as to what to expect, to know at least, the client also to know, the applicant, what is expected, because he was told that he was going to be asked about what transpired during the testimony of Diaho-Monaheng and I don't think that was the case now.
	It opened up a new thing, it was a new questioning based on questions which were not asked during his earlier testimony, not what transpired after Diaho-Monaheng's testimony.

CHAIRPERSON: Is that with regard to the gunshots fired?

MR MTEMBU: Correct Mr Chairman, I have no objection about that.  He was asked about that, I thought that he was going to be asked.
	Now he was asked about this affidavit which he has already been asked about that.  So that is where I am saying Mr Chairman, I am not saying the Committee - at least we should know what is the procedure, whether at any stage, somebody can be called if you have forgotten to ask something about his testimony or what transpired in the affidavit, we must be aware of that.

CHAIRPERSON: We will bear your objection, in as far as it is an objection, in mind and seek to reach agreement on that with you.

MR MTEMBU: Thank you Mr Chairman.

ADV GCABASHE: Chair, through you might I just say that it is actually to the applicant's advantage for us to clarify matters that we have reflected on and we are not clear about.
	There is no point in walking away, not knowing what he meant by certain things, and I would like him, you, especially as his counsel, to accept that, that you would rather have us know exactly what he means, than walk away guessing as to what he may have meant by saying something.

MR MTEMBU: Thank you Mr Chairman.  I have no objection, except that we want at least to know the procedure, so that we know what to expect.  I don't have any problem being asked on any aspect Mr Chairman, it is just that we must know at least, that you must expect this, that you can be asked questions not on what you have been asked, maybe other things can come up, the Committee can ask you.
	So that is why I am requesting the Committee.  I am not trying to confine it into that, at least we must be aware of that so that we can also tell the applicant to know that he can be asked anything, even regarding his earlier testimony, or his earlier testimony, thank you Mr Chairman.

MR LAX: We will try to explain to you next time, and not catch you unawares, sorry about that.

CHAIRPERSON: Does that conclude the evidence that we can hear today?

MR PRIOR: Yes, Mr Chairman.

CHAIRPERSON: What do you propose now Mr Prior?

MR PRIOR: Mr Chairman, I understand that over the week that was identified, the 25th, commencing the 25th of May, I just, I haven't had any feedback from the venue whether this venue will be available on the 25th of May.

MR LAX: Perhaps I can help you there, our Logistics Officer has checked its availability.  There are one or two other issues that need to be discussed.  Provisionally it will probably be available, but the venue we can announce that later.

MR PRIOR: Then having said that, I am happy we can adjourn this matter, and probably all the other matters.
	I think Mr Mtembu is pulling my leg.  Yes, we can adjourn this matter and the other matters that have to be completed for the evidence of Mr Letlapa Mpahlele and possibly Mr Jimmy Jones, and whoever else may need to be called, to that period, Mr Chairman to that week.

CHAIRPERSON: Well, if you will prepare a list of other matters with their numbers and everything, we can do that tomorrow morning.  We will adjourn this one now.
	There is no need for the Attorneys to be present, if you notify them, but I think also arrangements should be made to give Correctional Services notice now of whom will be required during that week so that they can make the necessary arrangements, we don't spring it on them.
	Right, this matter is now adjourned until the 25th of May.

MR PRIOR: Thank you Mr Chairman.  Mr Chairman, that is all the business for today.  The Meyers' matter was scheduled for today, however, I understand Mr Mbandazayo need some time to consult with the applicant.
	I have communicated that to the witnesses and the victims.  Mrs Meyers and her family in particular as well as their Attorney.  They understand the situation and I have informed them that we will commence tomorrow morning at the pleasure of the Committee, at whatever time the Committee decides.

MR MBANDAZAYO: Half past nine Mr Chairman, will suit me because everything will be ready then.

CHAIRPERSON: I would like to express my sympathy with those who have been sitting so patiently in the back of the hall through out the day.  I hope that we will be able to start at half past nine and continue uninterrupted with the matter they have come to hear.
	We will now adjourn until 09h30 tomorrow morning.
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