Human Rights Violation Hearings — King William's Town — 1997-05-14

UNKNOWN: Thank you.   The other aspect, the first aspect that arises.  We were furnished with a summary of the evidence to be given by Mr Boyi and by Mr Nongena.  We have listened this morning to their evidence.  On the strength of the summary which was furnished to us, an affidavit was prepared by Mr Card?, by us, on behalf of Mr Card? and has been handed to the Commission and which I understand is in your possession.  It dealt with the allegations as set out in the summary, although as it indicated, was a very brief summary,  Mr Card?  did  the  best he  could to  deal  with  the  allegations.  It  seems
however, from  listening to the evidence this morning from Mr Boyi particularly, that there seems to be a  measure of deviation from the summary that was handed to us, in that the summary alleges that the incidents took place as is listed in or set out in Paragraph 1 of the summary, during or around 1963.  As I understood Mr Boyi's evidence this morning, nothing transpired , as far as Mr Card? is concerned, in 1963 but that the incident took place in 1966 and as such there were further allegations set out in the summary which obviously do not pertain any longer to Mr Card?.  For example, if I may read the allegations contained therein that he was in 1963 severely assaulted and tortured.  Certainly from his evidence to-day, certainly it does not relate to Mr Card? in any way and he says he was shot while being interrogated.  He didn't actually mention that to-day as far as I could hear and that was also alled he was shot in 1963.  I'm not sure who to-day he alleges shot him or whether is still alleges that he was shot.  He does mention that he was continuously harassed by, allegedly by Mr Card? and Mr Xanti Sebe.  At times he visited in work but only, but he doesn't allege that to-day as far I can see either.  If  I may lead Mr Card? to deal with the allegations as they have been put to-day.
      Mr Card?, you've heard the allegations to-day.  I think that it is common cause there was no allegation against you in respect of any incident in 1963 as the evidence was led to-day, and as I put to the Commissioner it was contrary to the, to the summary that was given to us, as to the allegations that were made.  In any event, if we deal with the allegations, do you know Mr Makhi Boyi ?  Have you met him before.
MR CARD?: I've never seen him in my life, Mr Chairman, members of the Committee.  I saw him here for the first time, in fact I was looking around to see who were the, who would be looking at me to see who I was to-day to see whether I could identify and only
 when they came up here, did I realize for the first time that those were obviously the people.  I have never seen them in my life before.

UNKNOWN: Mr Card?, Mr Boyi ...

CHAIRPERSON: Well, just an interruption, Mr Clarke.  I'm sorry.  We are doing a very important work here. Perhaps the others don't think so, but this is very important.  Please give us an opportunity to do our work properly in, with dignity, with no comments from the floor.  When the two gentlemen in front are giving their evidence.  Thank you for your help.