Special Hearings — Mandela United Football Club Hearings — UNKNOWN

DR BORAINE: Thank you very much.  I hope I won't be regarded as flippant if I hope and say that I hope that he's back in Mozambique.
 There are two announcements I want to make before we adjourn.  Firstly we will have a fairly heavy programme tomorrow.  We will try to start with the police who are, the one policeman who was ill and he is going to be here tomorrow, straight after that was early as possible in the day, Jerry Richardson and then obviously Mrs Madikizela-Mandela.  We are hoping very much indeed that we can finish tomorrow night, we will not rush it unduly.  If there is more time needed we will have to meet on the Thursday.
 The second announcement is an announcement which the Archbishop will now read which has to do with the announcement by the Minister of Justice concerning the recommendations of the Goldstone Commission of Inquiry concerning very serious allegations against Mr Dumisa Ntsebeza.  Chairperson.

CHAIRPERSON: Thank you very much.  The Truth and Reconciliation Commission warmly welcomes the findings and recommendations of the Goldstone Commission of Inquiry.  Whilst Judge Goldstone's finding that the allegations are false was wholly expected we are nevertheless thrilled that Mr Ntsebeza's name has been cleared completely and finally by an independent Commission of Inquiry.
 Having acknowledged when we called for the Commission to be appointed that we should have referred allegations implicating Commissioner Dumisa Ntsebeza in the Heidelberg Tavern attack to outside investigators we accept without hesitation Judge Goldstone's finding that we erred in not having the allegations independently investigated immediately upon learning of them.
 The failure of the police to follow up and investigate properly the allegations against Mr Ntsebeza is shocking, as were the actions of senior police officers in casting aspersions on Mr Ntsebeza in newspaper interviews during the recent controversy over the allegations.
 We welcome the recommendations -
1. that a further investigation should be held to establish both the motives of Mr Bennet Sibaya in implicating Mr Ntsebeza and whether other persons conspired with Mr Sibaya;
 2. that this further investigation should be overseen by the Independent Complaints Directorate of the SAPS;
 3. that the Attorney General should consider criminal proceedings against Mr Sibaya.
 The TRC intends pursuing vigorously action against Captain John Lubbe, a former TRC investigator for improperly removing documents from our possession.
 The Commission also welcomes Judge Goldstone's perceptive references to the role which racism and fear of perceived racism may have played in the handling of this affair.  We agree that it will require hard work from all sectors of society including within the TRC to overcome this problem.  
 Thank you.

DR BORAINE: Thank you Archbishop.  Mr Semenya I noticed your hand up, let me just before we adjourn then give you an opportunity.  Order please.

MR SEMENYA: Chairperson to facilitate the conduct of my client's case tomorrow I would still make the request today that I obtain at least a statement of Lt Colonel Muller because I don't want to put that allegation as an if or a but.

DR BORAINE: Thank you this will be conveyed to - in fact he is listening to you carefully.

MR VALLY: I am told that we do not have a statement from Lt Colonel Muller, we have tried to in a general sense talk to a number of Security Branch policemen with their lawyers to secure their cooperation.  We haven't succeeded in obtaining their cooperation, that is why we are putting on record that we see that as being part of the incomplete work of this hearing and we will have to subpoena them to the January hearing.
 Having said that we would also like to know how long does Mr Semenya envisage that his client will take with her opening address?

DR BORAINE: Are you able to - no.  I think we should adjourn otherwise everybody is going to fall over.  This meeting is adjourned.  Thank you very much for all your cooperation.  Half past eight tomorrow morning.
HEARING ADJOURNS