Special Hearings — Caprivi Hearings — 1997-08-04

MR LYSTER: Thank you, Mr Macadam.  Prior to some opening technical remarks, I will just briefly introduce the
 /panel.
1A panel.  On my left is Mr Dumisa Ntsebeza, a member of the Human Rights Violations Committee.  I am Richard Lyster.  On my right is Dr Alex Boraine, acting Chair of the Commission in the absence of Archbishop Tutu.  On his right, Mr Ilun Lax, Miss Yasmin Sooka and Mr Mdu Dlamini, all members of the Human Rights Violations Committee.
This is a public hearing of the Human Rights Violations Committee of the Truth and Reconciliation Commission, held in terms of section 29 of the Promotion of National Unity and Reconciliation Act, No 34 of 1995. By virtue of the powers granted to it by the Act, the Commission has called on a number of persons by subpoena to give evidence and to make submissions to the Commission concerning the subject matter of the hearing as has just been outlined by Mr Macadam.
In terms of section 30 of the Act any person who is implicated in a manner which may be to his detriment, arising out of submissions to or evidence to the Commission, shall be given an opportunity to make representations at the hearing of the Commission.  In terms of section 30(4)(2) of the Act, the Commission may place limits with regard to time allowed in respect of cross-examination of a witness.  In terms of authority delegated to it by the Minister of Justice in terms of section 30(1) of the Act, a sub-committee of this Commission has determined procedures for the conduct of this hearing, a copy of which has been made available to all persons to whom section 30 notices were sent.  Such determined procedures incorporate the obligations placed upon the Commission by the relevant legislation and by relevant court judgments and this hearing shall be
 /conducted in
1A conducted in terms of those duly determined procedures.
Following the making of a submission or the giving of evidence by any person the Commission may permit, on application by any interested person, the making of a submission, the giving of evidence or cross-examination in rebuttal of the specific allegations.  
The Commission places on record that this is not a court of law and that the rules of evidence and procedure applicable to and appropriate in a criminal or civil court are not mutatis mutandis applicable in this forum.  The Commission does not seek to establish the guilt or otherwise of any person and it does not intend to make findings at this hearing.  
The Commission will take full cognisance of the Supreme Court record in the matter of S v Msane and Others, as well as the judgment of Mr Justice Hugo, as well as any oral or written representations or submissions which those persons who have been detrimentally implicated may choose to make through their legal counsel.
For logistical, financial and other reasons, this hearing is of an extremely limited duration and, accordingly, the panel will not permit any evidence, submissions or cross-examination which amounts to a repetition of versions which have already been put forward in other forums.  Accordingly, the panel will not hesitate to exercise its rights in terms of section 30(4)(2) of this Act within the boundaries of what is fair and equitable.  
Those are then the opening remarks.  Mr Macadam, I leave it to you then to call on the first person who will be making - I apologise, prior to doing that I would ask
 /the attorneys
1A the attorneys and counsel present here to place themselves on record, and please do it in whatever order is convenient.

MR STEWART: I am Angus Stewart, instructed by the Campus Law Clinic.  I represent two of the witnesses - Daluxolo Luthuli and Mr Dlamini.

MR VAN DER HOVEN: My name is A B T van der Hoven from the firm, Rooth and Wessels in Pretoria, Advocate H J de Vos, SC, with Advocate E M Coetzee and we represent General Geldenhuys, General Liebenberg, Admiral Putter, General Groenewald, General Pretorius and Brigadier Sonnekus.

MR VISSER: Mr Chairman, my name is Louis Visser.  I am instructed by Attorneys Wagner, Miller and Du Plessis of Pretoria.  We represent the following persons:  Mr Adriaan Vlok, General J V van der Merwe, General P J Coetzee, General Erasmus, General Steyn, General Burger and Brigadier Laas.

MR GROBLER: Mr Chairman, my name is Grobler, instructed by the firm, Meltz, Le Roux and Motseka, appearing on behalf of Major-General Joubert.

MR OLIVIER: Mr Chairman, my name is Kobus Olivier from the firm Badenhorst and Olivier in Pietermaritzburg.  I'm appearing on behalf of General Jac Buchner and Captain Jerry Brooks.

MR VAN WILLIGH: Mr Chairman, I am Willem van Willigh. I am instructed by the firm, Dawsons Attorneys, in Pietermaritzburg, and I act on behalf of Captain Barber.

MR VAN ZYL: Mr Chairman, my name is Marius van Zyl and I am appearing on the instructions of Adolf Malan, Vermeulen, Attorneys, in Pretoria.  My colleague is
 /Mr Cilliers,
1A Mr Cilliers, who will be appearing with me and we are appearing for the following persons:  Brigadier C J van Niekerk, Brigadier J R More, Colonel D Griessel, Colonel J Jacobs, Colonel Viktor, Colonel J H Greyling, General R Badenhorst, Colonel C J C Prinsloo and Mr Kobus du Toit Bosman.

MR TOWEEL: Mr Chairman, I am Cedwin Toweel and I am acting on the instructions of Geyser Attorneys of Pretoria and we are acting on behalf of Colonel M H van den Berg.

MS KRUGER: Miss H Kruger.  I appear on behalf of General S J J Smit.

MR MARITZ: Mr Chairman, my name is Japie Maritz.  I am instructed by Alex Bosman, Attorneys, Pretoria, and I represent Mr P T C du Plessis, former Minister of Manpower and Security - or State Security Council member.

MR LASICH: Mr Chairman, my name is Michael Lasich.  I am instructed by Patrick Falconer of the firm Friedman and Falconer and we represent the Inkatha Freedom Party and the members who have been implicated in these proceedings.

MR DE JAGER: Mr Chairman, my name is Piet de Jager and I am appearing for former State President, P W Botha.

MR PENZHORN: Mr Chairman, my name is Penzhorn.  We are appearing for General Malan, Lieutenant-General P W van der Westhuizen, Major-General van Tonder, Major-General van Graan and Colonel J H van der Merwe, and Advocate Sam Maritz, SC, is appearing with us.