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
