Special Hearings — State Security Council Hearings — 1997-12-04

MR LYSTER: Good morning !  I want to welcome members of the public here today and Dr Neil Barnard. 
 There are not many people to welcome.  It seems that the testimony that is being given in Johannesburg today has captured the minds of the, or the imagination of the press, but let me assure you that we are nevertheless very interested in what you have to say today,  and we are looking forward to a constructive two days of hearing.  I say two days because we hope to hear evidence this morning from Dr Barnard and this afternoon from General Magnus Malan and tomorrow from Mr PW Botha.  There is a possibility as Mr Botha has gone on record to say that he does not intend to comply with the subpoena, so there is a possibility that he will not be here tomorrow, and we may use tomorrow to continue evidence of Dr Barnard and General Malan if there are issues which we still have to cover.
 This hearing is a public hearing held in terms of Section 29 of the Promotion of National Unity and Reconciliation Act, and it is a continuation of a hearing which was held in October this year in Johannesburg and in Cape Town and was postponed because of the inability of Mr Botha to be present through illness and the fact that General Malan was out of the country.  
The purpose of the hearing is to examine the role of the State Security Council particularly in the 1980's.  It is common cause that this Council exercised extensive influence over the Cabinet of the day and made recommendations to the Government on a broad range of Security related issues.  
 As I said earlier on we had hoped to hear evidence and we still do hope to hear evidence from the person who was Chair of that Council, State Security Council and State President Mr Botha, a position of enormous power and influence.  It is unfortunate that he has stated publicly that he does not intend to comply with the subpoena served on him.  He has gone on record to say that he does not intend to go on his knees before this Commission.  Of course he is not required to go on his knees and he is not even required to apologise to the Commission.  All he is required to do is to present himself here and to answer questions truthfully.  However we will until tomorrow morning when Mr Botha is due to appear before making any further comment in that regard. 
Before we start I'm going to just briefly introduce members of the panel.
On my left Mr Ilan Lax of the Human Rights Violations Committee, a Committee Member.  Next to him Ms Glenda Wildschut a Commissioner on the Reparation and Rehabilitation Committee.   I'm Richard Lyster, Commissioner, and on my right Mary Burton also a Commissioner.   
Dr Barnard was represented here today by Mr Albertyn from De Klerk and Van Gend and Mr Nick Treurnicht of the Cape Town Bar.  The evidence will be led by Advocate Chris MacAdam.  I think those are all the introductory comments I need to make.
I understand that Dr Barnard wishes to make a, to read  an opening statement into the record and I think that we'll now get down to that immediately, unless there are any opening remarks that you would like  to make Mr Treurnicht.

MR TREURNICHT: Mr Chairman may I just say apropos your indication that this Committee might be sitting tomorrow to hear evidence from Dr Barnard, it's been, I think you've been informed or I think Mr Van Zyl has been informed that Dr Barnard has pressing commitments for the Province tomorrow it will be very difficult for him to be here.  We trust that he'll be able to finish within the day.

MR LYSTER: I'm sure he will.   I'll administer the oath, if you can please stand to take the oath Dr Barnard.  Just give us your full names please.  Can you just switch on your microphone, sorry, and just give us your full names and swear that the evidence that you will give today, will be the truth the whole truth and nothing but the truth.