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

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rights that alleged perpetrators must be thrilled because we will defend to the death their rights to which it was we who struggled so that they could, they and all of us could today all of us enjoy them.
 Perpetrators in fact don't want justice.  What they need is grace, the grace of forgiveness, and I hope that they too will have the graciousness to acknowledge that they are sorry.
 It is a matter of public record that we are independent.  We have not been afraid to criticise even the new ANC led government of National Unity to the amazement of many.  In this Commission in all three hearings that have taken place so far, or the two and you will note here, we have heard and we will hear accounts of human rights violations right across the political spectrum.  In East London we had people who were the victims of an alleged APLA atrocity.  In East London we heard from victims of bombing in Highgate Hotel.  In Cape Town we heard someone come to speak on behalf of a necklacing victim, necklaced allegedly by so-called activists.  Here we are going to be hearing from victims of the so-called Church Street bombing in Pretoria.
 People have said this Commission will degenerate into a witch hunt.  Far from this being the case we have hardly paid attention to the perpetrators.  Last week in Cape Town one of the witnesses claims she recognised a police officer who was on the scene when her daughter was killed, and she broke down.  Now if we wanted to engage in a witch hunt we would have immediately rushed out to apprehend that police officer.  We did nothing of the sort because our concentration, and I want to underscore this, our
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 concentration is on the victims and the survivors of apartheid .  We hope that people coming before the Amnesty Committee will be the ones who are going to provide us with most of the information we require.
 I appeal to those who may be aware they were perpetrators willingly or involuntarily to respond to the incredible generosity and magnanimity of victims with a matching generosity.  Don't try to do the impossible. Don't try to defend the indefensible.  There will be no gloating.  If some, like the Dominie whose letter I read in Cape Town could get up and say "sorry", they would be overwhelmed by the response of the victims, of the survivors, of this foul, of this evil, of this vicious system.  
 I am grateful to have received a copy of a resolution taken by the Dutch Reformed Churches' body between the sessions of its conferences where it says,
"We accept that some of the perpetrators and victims of gross human rights violations come from the ranks of the churchgoers, the Dutch Reformed church-goers.  We offer you our assistance and to those who apply to appear in front of the Commission regarding these applications.  We accept responsibility to assist these people by means of counselling and to help them to be healed from the trauma of the past, and to offer the reconciliation that Christ has offered us.  We are appealing to all our churches and church bodies by means of its official mouthpiece to assist this counselling service with devotion and commitment".
... to the NG Kerk for that.  
 The Media, as I have observed before, have excelled 
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themselves in helping to tell the stories of the victims and survivors of apartheid and the victims of those who fought against apartheid.  I commend the Media warmly.  There are some whose conduct is less than commendable, particularly certain newspapers.  Some have already been reprimanded by the Honourable Judge presiding in the so-called Malan trial, e.g. for calling in question the credibility of witnesses.  I am myself and out-and-out libertarian and believe in the freedom of the Press, passionately.  I strove for it.  But I am concerned that some of what certain papers are doing is beyond the limits of proprietary of fair comment.  They are introducing an insidious poison, they are almost seeking to bring the Commission into disrepute.   We have powers vested in us by the law.  I would advise journalists and their editors to acquaint themselves with this Act.  In certain respects we have the powers of a court of law.  And again let me read, so that you don't think I am making it up. Section 39 reads,
"If any person does anything in relation to the Commission which if done in relation to a court of law would constitute contempt of court then they are guilty of an offence.  If anyone does anything calculated improperly to influence the Commission in respect of any matter being or to be considered by the Commission that person commits an offence"
I have said I don't want to invoke any of those powers, but I do hope that the newspapers especially will take count of what I have said.  There is a nobility of spirit in our land and we must give thanks to God for this extraordinary spirit, this wonderful "ubuntu".  
 These hearings are a forum in which people who have 
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suffered previously by actions from both sides of the struggle can tell their stories.  That is the main purpose of these hearings.  The recovery, helping people to recover their human and civil dignity. 
 The Commission will not be making a finding immediately whether such persons are victims of gross violations of human rights.  That will happen a little later.  The testimony given enjoys the same privilege as if it were given in a court of law, and we have already indicated what is the case with that to the naming of alleged perpetrators.  If a witness deliberately gives the Commission false testimony then he or she will be guilty of an offence as will be the case in a court of law.  This is not a court of law, but we know you will conduct yourselves with proper decorum.  As I have said I hope we will not need to invoke the powers vested in us.  
 We want to thank all who have prayed for us, who are praying for us.  We receive quite a few letters, but we've received one or two that I want to refer to.  One is a fax from a Church in Harlem, the Church of the Intercession who assure us of their prayers.  But even more wonderfully is a letter from a junior youth group in Mitchell's Plain.  The letter says,
"Our programme focused on our present renew theme, the Cost of being a disciple within the Community, and the children needed to identify how they could be instrumental in our community by trying to turn bad news into good news, and while we were looking through the past weeks' newspapers we noticed the Truth and Reconciliation Commission and how you are trying to do just that, healing the wounds of
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the past and thus turning bad news into good news.  The children then wanted to send you messages of support and encouragement by thanking you for your efforts at attempting to create a society which will be open to all its children.  Thank you for your willingness to deal with the past hardships and pains, so that like Christ we may first die before we can experience new life".
And so these little children send their messages of greetings and drew pictures which is very heart-warming.  
 I declare this session of the hearings of the Truth and Reconciliation Commission open.