CHAIRPERSON
Mr Mbatha, we've been told by Mr Claassen whose representing you, that the reason why you submitted two applications to the Truth and Reconciliation Commission, it's clear from these two applications that what was said in each of them was, is different.  In the first application, you basically stated that you denied any guilt, any involvement, in the death of the deceased.  And in the second application, the one which you wrote yourself in Zulu, you readily admit participating in the incident which led to the death of the deceased.
	These two applications which were submitted by you to the Commission, were received and each was assigned a different number.  During March of last year, was it March, yes I think it's March, during March of last year, the Committee, none of us present here, two other Committee Members, arrived at a decision and it's quite clear from what is before us that they based their decision on the information contained in the first application submitted by yourself, that is application numbr 4175, the application which we have been told you say you were assisted by some other fellow prisoner in filling in, and which was filled in in English which you admit or say that you don't know too well.  The fact of the matter is that a decision has been made relating to the incident which is under consideration at this hearing now.  And once a decision has been made, whether that decision is correct or incorrect, if it's a final decision, and this is a final, was a final decision, the Committee itself cannot reverse that decision, because we do not have the power to do so, the authority to do so.  
	So that decision must stand until such time that it is set aside, and the setting aside of that decision can only take place in the High Court.  That Court would have the power and authority to do so, and it will of course only do so if it is satisfied that it warrants setting aside.  If we were to proceed with your application today on the second application that you submitted, namely the Zulu one, and arrived at a decision different to the decision already arrived at, we would be left with the absurd situation of having two decisions on the same matter.  One refusing amnesty and another one granting amnesty, and that just cannot happen.  
	So we are basically prohibited at this stage from proceeding with your matter for that reason.  Your only recourse if you were to take further steps would be to have the previous decision set aside.  
	In the circumstances the only course to be followed is to have your application at this stage struck off the roll, or removed from the roll, let's put it that way.  That means that your application, your second application, the one that you completed in Zulu, will still be with the Truth Commission, and if the standing decision is set aside, if it is, then we will set the matter down for hearing at a later stage.  So it's not the end of the matter, but it might be if the previous decision is not set aside.  So your matter is removed from the roll.				
MATTER OF NORMAN MBATHA: AM NO 4175/96 - REMOVED FROM ROLL