Human Rights Violation Hearings — Johannesburg — 1996-04-29

DR RANDERA: ...Commission, presiding Commissioners and committee members present.  I report that the Gauteng office of the Truth and Reconciliation Commission received the following applications for hearing for today.
 I would like to welcome Mrs Moleseng Tiro who will be talking about her son Abraham Tiro.
 Sarah Mthembu and Maria Mthembu who will be talking respectively about the son Jerry Mthembu.  
 Lorraine Lenkoe will be talking about his father, James Lenkoe.
 Ben Kgoathe will be talking about his father Nicodimus Kgoathe.  
 James Simpson is coming for himself.  
 We also have Gerald Thebe.  Paul Kongwane.  Madrina Jocazi, George Dube and Johan Smith. 
 We have scrutinised the applications and we believe that they qualify to be placed before you today.
 Can I just before I hand over to you if people can just remain standing, if we can just have a moment's silence for the people who are coming to tell their stories and for the people who died.
 Thank you.

CHAIRPERSON: Please remain standing.

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CHAIRPERSON: We warmly welcome you to this hearing of the Commission, the Commission of Truth and Reconciliation.   We welcome you all.  The last in this region will be held in Durban next week.
 Thank you to Fazel Randera, the coordinator of our regional office.  Yasmin Sooka and Wynand Malan deputy chairs of the Human Rights Violations Committee and to all our other Commissioners and Committee members from this region as well as our region and national staff members.
 We say thank you to the South African Council of Churches and the South African Chapter of the World Conference on Religion and Peace, especially for the service that was conducted here yesterday afternoon.  We are enormously grateful to the Central Methodist Church, its presiding minister and his staff for availing us of the facilities of this beautiful church and all. Thank you very much Mr Mvume.
 Thank you to the Police and Security personnel.  They have in the other venues done a splendid job of work and we believe that that is going to be the case here as well.  Thank you also to the traffic cops.
 An especially warm welcome to those who will be testifying before the Commission and their families.  Thank you for your generosity of spirit and your courage in exposing yourselves to the gaze of the world.  We have kept saying this in the other venues.  It is not an easy thing to do revealing your pain, your hurt and your trauma to the scrutiny of others.  We have heard some harrowing accounts in East London and King Williamstown.  We have said that our nation and we repeat, that our nation and indeed the world has been touched by what we have heard.  We have been deeply JOHANNESBURG HEARING TRC/

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moved by the stories of quite remarkable people, who despite their ghastly experiences harbour no hatred or bitterness.  On the contrary they want to know the truth so that they should know whom they should forgive.
 We pray that all who hear will be inspired to be equally generous in response to such extraordinary magnanimity.  Only in such mutuality will healing happen.
 We have been disturbed and distressed that some have been accusing us of alleged unfairness because we have not apparently given alleged perpetrators enough notice. Let me make two points.
 Firstly, we are acting in terms of the legislation that has brought us into being and I want to quote from the Act for the Promotion for National Unity and Reconciliation and it's section 30.
"If, during any investigation by or hearing before the Commission, any person is implicated in a manner which may be to his detriment, the Commission,
(b) contemplates making a decision which may be to the detriment of a person who has been so implicated,
 (c) it appears that any person may have suffered harm as a result of the gross violation of human rights,
 the Commission shall, if such person is available, afford him or her an opportunity to submit representations to the Commission within a specified time with regard to the matter under consideration.  Or..."
not "and",
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"...to give evidence at a hearing of the Commission".
 That section of the Act does not stipulate when perpetrators should be given notice.  We have been generous, and I want to underline that, we have been generous in letting them know ahead of a hearing.  It is in our discretion, after they have made their representations whether we invite them then to a hearing and also that they may then have opportunity for limited cross-examination.  That is laid down in the Act which was passed by a democratically elected Parliament, in which all parties are represented.  If people have problems, it must be directed not at the Commission but at the Assembly which passed the law.
 Secondly, we have taken a principled decision that victims, survivors will be accorded the opportunity to tell their stories.  Most have not had such an opportunity before.  Again this is a requirement in the Act that in its preamble says, "affording victims an opportunity to relate the violations they suffered".
 The Act lays down that there must be a bias in favour of the victims and the survivors, and I am not plucking this out of the air.  It is in the Act again. "Principles to govern actions of Commission when dealing with victims", section 11.
"When dealing with victims the actions of the Commission shall be guided by the following principles.
a. Victims shall be treated with compassion and respect for their dignity.
 b. Victims shall be treated equally and without
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 discrimination of any kind including race, colour, gender, sexual orientation, age, language, religion, nationality, political or other opinion, cultural beliefs or practices, property, birth or family status, ethnic or social origin or disability.
c. Procedures for dealing with applications by victims shall be expeditious, fair, inexpensive and accessible.
 d. Victims shall be informed through the Press and any other media of their rights on seeking redress through the Commission".
But in fact this bias works to the advantage of perpetrators.  Almost all who have testified thus far have amazed us, have amazed the world with their willingness to forgive. They want not to revenge themselves against perpetrators.  They are not looking for retribution, but quite remarkably they do want to forgive.  Some, even more extraordinarily say we have already forgiven them, Mrs Savage in King Williamstown, the people who testified in Cape Town from St James Massacre.
 Our credentials as champions of human rights, of justice, of fairness and reconciliation should not be in dispute.  They are a matter of public record.  We oppose an evil and vicious system which denied a very large part of our society fundamental human rights.  Those, especially in the security establishment, whether they intended it or not, were defending an evil system which did not accord people their rights.  We succeeded in our struggle so that today even those who defended that awful system could today claim constitutional and other human rights.  It is precisely because of our record as fighters for justice and human JOHANNESBURG HEARING TRC/