Human Rights Violation Hearings — Durban — 1996-05-09

MR DLAMINI: 14B/21 legal profession's watchdogs of apartheid?  These societies and councils, with senior lawyers, moved the Supreme Court and the judges to strike off political activists who were convicted of apartheid crimes.  Many lawyers were barred from earning a living or were forced into exile.  The late Braam Fischer, Ntobeka Maquabela, Kader Hassim, the late Mr M D Naidoo and Roley Aronstein, who died just about a week ago, are a few of the cases that come to mind.  Mr Aronstein, in particular, after being struck off the roll, was even barred from working as an ordinary legal clerk in the offices, I recall, of Mr Ravi Bagwandeen, and this is how far the evils of apartheid extended.  There were also minor people, like the registrars of the Supreme Court, who worked with these judges, but then I must touch on also another category, and these are defence lawyers, and in that field I would count myself amongst them, who in the name of justice and morality, subverted the truth wherever possible to minimise the consequences of the morally correct struggle of the Kaders and the liberation movements.  There are other categories, but they are probably too many to mention and I won't go on any more.  I think the question that arises out of all this is what legacy have we inherited?  I see it as a rotten legal order with morally-crippled participants - a future legal order that is riddled with villains of apartheid, which is being allowed to go, save for a few exceptions, unchecked, unchallenged and with impunity into the future to uphold truth and justice and the sanctity of the State in this new democracy.  Without a form of redemption - I would use this word not as a person with any theological training,

MR DLAMINI: /but I

MR DLAMINI: 14B/24 but I hope it will be understood in the context that I use it - that without a form of redemption I believe that this leaves us with a recipe for the continued undermining of the moral fibre of our society - the entrenchment of judicial corruption and deceit from the highest to the lowest levels.  Our society will find it difficult to develop a true human rights culture with those who have flagrantly violated it still in charge without them having accounted for their conduct, showing remorse and committing themselves to truth and justice for the future.  The judicial legal system was a vehicle that delivered apartheid for its architects in the Legislature.  The policemen, soldiers and killer operatives with their chiefs and generals drove this vehicle, until it went out of control.  Why should only these drivers be the subject of attention before the Truth and Reconciliation Commission?  One can mention the people in the Bantustans, the SAIC and the CRC as well, but if we want to build a future for this country without the necessity of Nuremburg trials then the full extent of apartheid wrong-doings must be contextualised correctly, honestly and courageously.  I believe all these people have to account for themselves.  I just want to touch briefly on other people, not just the lawyers and the legal, who I hope, through public pressure, will be made to account for themselves as well.

MR DLAMINI: (1) The medical profession, with its district surgeons, nurses and doctors who covered up the apartheid torture and murder.

MR DLAMINI: (2) The teachers who victimised and punished opponents of apartheid.

MR DLAMINI: (3) The architects, builders, engineers who built for

MR DLAMINI: /apartheid

MR DLAMINI: 14B/26 apartheid.

MR DLAMINI: (4) The prison service, which so cruelly incarcerated and abused the captive victims of apartheid.

MR DLAMINI: (5) The churches and their powerful leaders, who defended and prayed in the pulpits for apartheid.

MR DLAMINI: (6) The artists, academics, musicians, journalists and all cultural apologists, who caricatured and lied for apartheid.

MR DLAMINI: (7) The scientists, bankers, captains of industry, stockbrokers, business persons, etcetera, who profited handsomely from apartheid.  This particular category, I don't expect them to come before this Commission, but I hope that they would dip into their pockets and their profits and say here to this Commission, "Take a R1 million or take R100,00 or R1 000,00 and hand this to the victims of apartheid".  I think that's the least that they should do.

MR DLAMINI: If there are other role-players who played a role in apartheid I hope that they too would in some way come forward and redeem themselves in some way.

MR DLAMINI: Finally, I want to touch on the last case in particular, and that is the case of Mr Dimitri Tsafendas.  He was a person who was found to be insane after having plunged a knife into Dr Hendrik Verwoerd in Parliament in the 'fifties or in the early 'sixties.  I can't recall the date.  I hope that the TRC will visit this person, who I believe is a victim of apartheid.  He is under State care - whatever that may mean.  He's been there for many, many years - I would say probably more than 30 years.  He was not placed on trial and one can only say that the answers for not placing him on trial are obvious.  He was declared  /mentally

MR DLAMINI: 14B/28 mentally unbalanced, I don't know by whom, but all the decisions, documents and material concerning his case must be reviewed, I believe, and investigated thoroughly.  He should be visited by members of the Truth and Reconciliation Commission, by the Commissioners and others, to reassure him that mechanisms for justice for him are taking shape.  The public needs to be reassured about his safety, well-being and state of mind before something happens to him.  In conclusion, I would say that every lawyer, every judge, every person in the legal field should come forward and commit themselves to upholding the truth in a future South Africa.  The legacy of the past, of lies and deception, is a false culture that must be shed if the new foundations of democracy and justice are to be properly laid.  Thank you.

MR DLAMINI: Thank you, Mr Govender.  I am sure, to a certain extent, some of your observations were borne by the evidence that we've heard here, that are perpetrators both by commission and omission, as you highlighted when you mentioned the categories which some of whom did not do what they were supposed to do.  Mr Chairman, I would like to hand over to you.

CHAIRPERSON: Are there any people who want to ask questions?  Dumisa Ntsebeza.

MR NTSEBEZA: Thank you, Mr Chairman.  Mr Govender, as the Deputy Chair indicated at the beginning of your testimony, yours is a testimony of a certain type.  In fact, it's distinct from the rest and I'd just like to canvass your views on certain aspects which touch upon what you have just said, and invite your comments.  Now, there is another lawyer who has sought to talk about the

MR NTSEBEZA: /work of

MR NTSEBEZA: 14B/29 work of the Truth and Reconciliation Commission and that lawyer's name has been as an advocate - Kieron O'Malley of the IFP's research unit.  He has given extensive use of the TRC in an article in the Daily News of the 8th May 1996.  Now, he takes the view, for instance, that the TRC is going to sacrifice justice for reconciliation and that, in fact, the truth that will be heard here will be that which will be determined by what he called the political tribunal, overwhelmingly aligned with the ANC and it's so-called liberation struggle and without even one Commissioner remotely sympathetic to the IFP.   Now, what are your views on that, seeing as you have taken a very anti-apartheid stance in your papers or in your delivery?  Wouldn't your testimony - I'm saying nothing about whether it is appropriate or not - wouldn't it lend credence to this sort of allegation?