Special Hearings — Mandela United Football Club Hearings — 1998-01-28

CHAIRPERSON: ....hearing is that before the Commission can make any findings it has to try and get as much information as possible and get the views of everybody concerned before that time.
 We will be hearing a number of witnesses today and tomorrow.  It will be a very full programme.  I will be very grateful for the cooperation of the witnesses, of the legal representatives and those who are attending the hearing so that we can work expeditiously.  I want to remind you that this is not a court of law, nevertheless the same standards of decorum and dignity which are normally observed in a court of law we expect to be observed here. 
 We will do everything we can to give everyone a fair hearing and at the end of the two days we will re-examine our findings in the light of the hearing which started last year before drawing our own conclusions which will be made available in our report to President Mandela, at the end of the work of the Commission.
 I would like to introduce the panel to you.  On my far left is Dr Xhoso Mgojo who is the convenor now of the Kwa-Zulu Natal district or province where one of our offices is based.  He is also a member of the Reparation and Rehabilitation Committee and he is a Commissioner.
 Immediately on left is Yasmin Sooka who is a Commissioner, who is Deputy Chairperson of the Human Rights Violations Committee and is based in Johannesburg.
 On my far right is Dr Fazel Randera who is the convenor and in charge of the Johannesburg office of the TRC.  He is a Commissioner, and is obviously based in Johannesburg.
 Next to him is Miss Hlengiwe Mkhize who is Chairperson of the Reparation and Rehabilitation Committee, a Commissioner and is based in Johannesburg.
 Immediately next to me is Dumisa Ntsebeza, a Commissioner based in Cape Town but also head of our Investigative Unit.
 My name is Alec Boraine.  I am the Deputy Chairperson of the Commission and it is my job to ensure that these hearings are conducted fairly and efficiently.
 I would like to extend a very special welcome to legal representatives and for the record I would be grateful if you could indicate, starting on my right, as to who you are representing and then we will proceed.

MR JORDI: My name is Peter Jordi and I represent the Sono and Shabalala family.

MR KEMP: Mr Chairman my name is Peter Kemp.  I represent all the witnesses that will give evidence today and tomorrow except Mr Potgieter and Eugene de Kock.

MR SEMENYA: Mr Chairman my name is Ismael Semenya and I represent Mrs Madikizela-Mandela.

MR DU PLESSIS: Mr Chairman I am Roelof du Plessis of the Pretoria Bar.  I represent Colonel Jan Potgieter on instructions from Rooth & Wessels, attorneys in Pretoria, Mr Fanie Rossouw who sits next to me.  I also act here on behalf of Captain Wouter Mentz who is involved in the Mabotha incident who has already testified in an amnesty hearing on instructions of Strydom Britz attorneys in Pretoria, Mr Willem Britz.

MR DU TOIT: Mr Chairman I Johan du Toit, Johannesburg Bar.  I represent the family of the late Sergeant Pretorius.

CHAIRPERSON: Anyone else - no, thank you very much.

MR VALLY: Mr Chairperson we have received a message that Mr Makanjee who represents the Asvat family and the Seipei family is on his way.  He is slightly late, so he should also be on record.

CHAIRPERSON: Thank you very much.  May I also welcome the Interpreters, translators.  We are very pleased to have them with us.  They have served this Commission extraordinarily well.  I want to indicate that the witnesses must feel free to use whatever language they would feel much more comfortable with.  We have arrangements for translation, particularly English, Afrikaans and I am not sure if there are any other translations available, but certainly those two, we will indicate to you a little later what other translations are available.
 I call the first witness Mr Kritzinger.  I will be glad if you will come up to the witness table please.  Please be seated for a moment.  I want to welcome you and thank you for appearing before us.  I hope you will feel as comfortable and as relaxed as is possible under the circumstances.  Miss Sooka will administer the oath, stand please.

ANDRE KRITZINGER: (sworn states)

CHAIRPERSON: Mr Kritzinger do you have an opening statement or does your attorney or advocate wish to address us?

CHAIRPERSON: Mr Kemp.

MR KEMP: Mr Chairman the witness is in possession of a statement as are all the witnesses who will testify here today and tomorrow.  The statement is in the form of a sworn affidavit of which copies have been provided to the Commission.  We intend only to read that statement into the record.  They are fairly succinct and then to answer all those questions which may be asked.

CHAIRPERSON: Thank you very much.  Mr Kritzinger then please go ahead and read your statement into the record.  Thank you.