Amnesty Hearings — Cape Town — 2000-11-19

UNKNOWN: Yes, you will find that on A53.1 to 53.8 and A60 to 76 where the argument which we have delivered.  Then Mr Chairperson, we have already argued 28.3.  We could turn to paragraph 29, the conspiracy to assassinate Gavin Evans.  We submit that they have not complied with this section.  We say that in 29.1 Basson vastly stated his amnesty application that the pre-study was prepared by Van Zyl whereas in truth and in fact the pre-study was prepared by Burger and Basson.  You will find that in A169.1, Mr Chairperson.
	Paragraph 29.2, Burger failed to disclose in his application that he and Basson prepared the pre-study and instead falsely stated that the pre-study was prepared by Van Zyl.  You will find that in the same paragraph, 169.1.  Burger and Basson falsely stated in their amnesty applications that the evidence was monitored by the CCB in order to establish if he was involved in activities which undermined the security of the State.  You will find that analysed in paragraph 169.2.
	Paragraph 29.4, Burger and Basson falsely stated in their amnesty applications that the source of information about Evans was not to prepare to testify and accordingly extra-legal matters were resorted to and you will find that in 169.3.  
	Paragraph 29.5, Burger and Basson falsely stated that information about Evans' links to Grosskopf emerged during the monitoring of Evans and thereby falsely suggested that the decision to murder Evans had been influenced by reason of Evans' links to Grosskopf.  You will find that on 169.4.
	And in 29.6, Van Zyl also falsely claimed that the selection of Evans as a target for murder had been justified on the grounds of his links with Grosskopf and he thereby falsely associated evidence with the commission of acts of violence.  You will find that in the record not in the argument.  In record, page 716 where the Grosskopf connection is dealt with but please compare that with paragraph A169.4.  See also the reference to Burger in that.  It now emerges that the Grosskopf issue was after the attempt to kill Evans and it was when that information became known later that the project was resuscitated.
	Now 29.7, Burger and Basson falsely stated that when Evans' address could not be established the project was terminated, 169.5 and in this regard the application of Maree is false almost in its entirety and this appears from A170.1 to 170.4 where Mr Maree in fact concedes that the whole thing was an untruth.
	It was submitted, Mr Chairperson, that it matters not what you said in your application as long as you come here and tell the truth.  There is a problem, there are two problems in relation to that submission.  Firstly that their oath means nothing and you can change your mind about facts without even bothering to furnish an explanation as to how the whole syndrome of facts came to be falsely stated.  I submit that that has consequences.  If you bring an application and you lie in your affidavit, Mr Chairperson, ...(intervention)

CHAIRPERSON: That doesn't help the application.

UNKNOWN: That doesn't help the application and you, sitting as a judge, say well come with clean hands before you come and - come with clean hands if you want to ...(indistinct) from me.  But what happens is that these brothers in arms, they have ever since the Harms Commission tried, albeit unsuccessfully, to lie and still remain in step with one another as far as they possibly could.  For people to come with this sort of untruth and this sort of contradiction and say you've heard no argument as to how this line came to be given to you.  You say well, you know, never mind about the details, just give us summaries, after all we've got enough to make an application for amnesty and if you don't give us amnesty you're going to be seen as unfriendly to our cause, whatever that may be.  We submit that that is not what the Act requires and where you make an application which you do not know whether or not it is going to be opposed and they might have guessed but they didn't know.  You have a duty to the court, as you know Mr Chairperson, in your judicial capacity, about the importance of making full disclosure of all relevant facts in ex parte applications.
	Have I given you the references to 29.8 Mr Chairperson?

CHAIRPERSON: Yes.