Human Rights Violation Hearings — Grahamstown — 1997-04-08

CHAIRPERSON: We will call Mr Chris de Klerk to come forward.  Mr de Klerk, Chris de Klerk, could I confirm that you are instructed by Jibilikile Khani to come before us today.

ADV DE KLERK: That is correct Mr Chairman.

CHAIRPERSON: Do you want to address us on what you would like to say to us?

ADV DE KLERK: Mr Chairman, my client did make a statement.  It was signed and it was given to this Commission, twofold, to investigate the matter further and to put certain questions to the witness.  I would like to read that statement for the record.
 I the undersigned, Jibilikile Khani, do hereby declare I am a pensioner presently residing at 641 Masel Township, Kenton-on-Sea.  The contents contained herein are, except where otherwise stated, to my knowledge and belief, both true and correct.  I was a member since 1996, of the then South African police force, and retired with the rank of Sergeant during 1992.  I have read Annexure EC1223/96ACD and wish to comment thereto as follows.  I am of the opinion that the annexure is incomplete and, therefore, I am unable to reply to same in a detailed manner.  David Nazo, his family and myself are residents in Kenton-on-Sea and we all know each other.  I strongly deny that I was part of or present when David Nazo was allegedly arrested on or about January 1976 and January 1983.  I was informed on dates which I can now not remember that David Nazo was arrested in Alexandria as well as in Kenton-on-Sea.  I was never part of or have never in Kenton-on-Sea or any other place assaulted or tortured David Nazo.
 To establish and verify the allegations about the contradiction of TB, I would strongly suggest that the Truth and Reconciliation Commission investigate these allegations and then to refer same to a TB expert and specialist.  I do not, at this point in time, deem it necessary to comment further to the allegations as mentioned in the annexure and will do so if necessary at the appropriate time and forum.  Signed by the deponent, J Khani.  That is all, Mr Chair.

CHAIRPERSON: Thank you.  Do you know why he preferred not to come himself to appear before us?

ADV DE KLERK: Mr Chairman, the annexure that was provided was very limited.  Various names were mentioned and it was only given to myself on Friday last, the fourth, yes, the fourth and without a thorough investigation into this matter, I could not advise him to come before this Commission at that point in time.

CHAIRPERSON: Are there questions?  Okay, we have noted the statement by Mr Khani.  We will definitely be in contact with him through your office and we would like to have an opportunity to find out the problems that he has with the statement as it is and with the submission, that we will make available to him, of the oral testimony that has been given here today.  I, he says that he is totally incomplete.  I do not know which parts are missing which he would like to have from the witness, but we will afford him an opportunity to submit to us those parts which are missing and, as far as possible, we would want to have his side of the story before we make a finding if we are contemplating finding him as a perpetrator.  Thank you very much.

ADV DE KLERK: I thank you, Mr Chair.