Human Rights Violation Hearings — Worcester — 1996-06-25

ADV POTGIETER: Would you prefer to give your evidence in Afrikaans?

GRAEME FALCK: That is correct.

ADV POTGIETER: Please give me your full names.

MR FLACK: Graeme Falck, spelt GRAEME.

GRAEME FALCK: (sworn states)

ADV POTGIETER: Thank you, you may sit down.  Mr Falck is it true that you represent Mrs Steyn the person reputedly involved with the event where Mr De Bruin's son was shot?

GRAEME FALCK: That's correct.

ADV POTGIETER: Could you just place yourself of record and then we will deal with your testimony.

GRAEME FALCK: I am the lawyer for Mrs Steyn.  She wants to have her side of the matter placed on record and it was decided to do this in the form of a sworn testimony on my part as well as from her.  It is my intention to read this sworn statement to the Commission.  There are also attachments to which I will refer.

ADV POTGIETER: Thank you, will you hand that or copies of it to be added into the documentation of this testimony?

GRAEME FALCK: I have a copy for you.

ADV POTGIETER: Thank you Mr Falck, you may continue with the affidavit.

GRAEME FALCK: I begin with the affidavit of Mrs Steyn and after that an affidavit which I completed myself.   You are welcome to interrupt me if there are any matters which are not clear.

ADV POTGIETER: Thank you, you may present it and if there are any further matter that remain unclear I will take this up with yourselves.

GRAEME FALCK: I  the  undersigned  Petronella  Johanna  Steyn  declares the following  
I am an adult woman of 43 years and I have had access to the ... (interrupted)

INTERPRETER: The interpreters are having a some difficulty following.

ADV POTGIETER: Could you read a bit slower because they translate as you speak.

GRAEME FALCK: Sure.  I wish to make a presentation in response to the claims made.  It must be mentioned that I have asked my legal representative to gain access to the relevant dossier.  On the 17th November 1990 an incident occurred during which a revolves was aimed at my son in my shop by a young person who threatened to shoot him.  This was 3 or 5 days prior to the event mentioned in the previous testimony.

ADV POTGIETER: Mr Falck I'm just going to get hold of the affidavit, would you just grant me a moment?

GRAEME FALCK: To which affidavit are you referring?

ADV POTGIETER: That's Mrs Steyn's.

GRAEME FALCK: It's the top and main statement.  There's one from myself, there are only two statements.

ADV POTGIETER: It looks as if we though that these are 2 different copies.  Sorry no, this is two original statements.  Thank you, we now have it in front of us so you may continue.

GRAEME FALCK: I want to mention that the date 17 November was only a few days before the 23rd of November on which the event referred to, occurred.  On the 17th November 1990 an incident occurred during which a revolver was aimed at my son in my shop by a young person who threatened to shoot him.  This even cause our family to be frightened and I was still very worried that something might have happened during this time of unrest in the town on that time.  A copy of my son's statement is added as an Annexure PJS1.  (if the interpreters heard correctly)
What I want to say with regard to this statement is that a revolver was aimed at him and he was told that, I would shoot you or I would blow you away.  I refer to the statement mentioned in which my point of view with the regard to the events are clearly said.  I was protecting my life and property against what I experienced to be a very real threat.  A copy of my affidavit in this regard is added as Annexure PJS2.  At my discussions with the national legal advisor it was decided that I would also give you this affidavit which I would like to do at this moment.   Let me just look at it for a moment.  It is an extended description of the events from the perspective of Mrs Steyn.

ADV POTGIETER: Thank you, if you want to read it into the record.