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 This matter, that is matter P on our roll, number 20, the application of Mr L Magajana is withdrawn at the request of the applicant by his legal representative and we further make a finding based both on what is contained in the papers and on what has been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.
