Human Rights Violation Hearings — Port Elizabeth — 1996-06-27

DESMOND MPILO TUTU: I would like to plead with you people, I have already requested you yesterday to behave yourselves.  I don't want to repeat this today.  Although we are not a Court of Law we should behave as if we are in a Court of Law.
 This is not a rally, it is not a political rally.  We are trying to listen to the people's stories, we would like everybody to get an opportunity.  It doesn't matter to which organisation that person belong.
 We need to conduct ourselves.  I hope that we shall be proud of ourselves when we behave ourselves very well.  Although we wouldn't like some of the details - the opportunity of telling their story, you will have your chance as everybody else has had a chance. 
 And I will not allow anyone to be intimidated or otherwise.  I know that you are not deaf, you have taken into consideration what I have said, thank you.

UNKNOWN: Thank you Chairperson.  Good morning Reverend Maqina.  Could you please put the light on, if you press the red button below, just help him.  Thank you very much.  Reverend Maqina you will recall that at the last hearing how there were a number of statements made referring to your name and you made a statement in a newspaper requesting the opportunity to come to the Commission.
 We tried to honour that, unfortunately the circumstances at the time, did not lend itself, although you did come to this hall, and we said then that you would have an opportunity.  We have tried very hard to keep all our promises.
 And one of the promises is that this Commission is open to all who wish to appear before it and it is in that spirit that we are receiving you today.  You have as much right as anyone else to put your case.
 Mr Maqina, I have to ask you to stand now to take the oath.

MZWANDILE EBENEZER MAQINA: (sworn states)

UNKNOWN: Thank you very much indeed.  As we always do, we request one of the Commissioners to assist in the giving of the evidence no matter who that person is and on this occasion the Reverend Bongani Finca, is going to lead you and I am going to hand over to him now, thank you very much.

BONGANI FINCA: Thank you very much Mr Chairperson.  I'd like to give a report that before Mr Maqina could appear, we had a short discussion and we agreed that he will be allowed to take approximately 30 minutes, because we have other witnesses who are supposed to be appearing today.
 He agreed that that was reasonable enough and stated that he would stick to the 30 minutes presented to him.  I would like the people to understand that this was in agreement so that the people cannot expect more.
 Secondly we have agreed with each other that the statement that he has brought along is the one that he is having documented, he would present this to the Commission and then he said that he would make this available to the Commission so that it would be kept as a record.
 Lastly Mr Chairperson, I could perhaps say I'd like to support and expatiate over what you have already said, I would like to explain that this is a difficult period where we are going to be tested as a Commission to find out if we are tolerant enough.  We know that the person who is giving evidence presently has been mentioned several times and in several instances during other hearings.  We will try our best so that the period and the time that he has been allocated should be regarded as the most important one and we should all give him the dignity that he also deserves like any other person.
 Mr Maqina has undertaken that when he gives evidence he would use the language which is proper and it would be proper for him to show dignity also.  I'd request that Mr Maqina should confirm that he is Mr Ebenezer Maqina.

MZWANDILE EBENEZER MAQINA: Yes, I am Mzwandile Maqina.

BONGANI FINCA: I would like you to confirm that the evidence that you are going to give here or present here is the evidence that has been presented in the previous Commission hearing and you are also going to relate that to all the evidence given by other people, you are going to show whether there is truth or they are all lies, is that so?

MZWANDILE EBENEZER MAQINA: Yes, that is so.

BONGANI FINCA: Okay, please continue.