Human Rights Violation Hearings — Durban — 1996-05-07

CHAIRPERSON: I greet you today.  We welcome you with warm hearts at this fourth meeting of the commission, of the Truth and Conciliation.  We welcome you to the fourth public hearings of the Truth and Reconciliation Commission after the meetings in East London, Cape Town and Gauteng.
(Incomplete) ... you to the co-ordinator of our regional office, Wendy Watson, the regional manager, and all our other Commissioners and Committee Members from this region, as well as our regional and national staff members.  In a sense it has been touch and go whether the hearing could be held at all.  Our staff and colleagues must be warmly commended for their dedication and determination that likely victims and survivors of gross human violations would be afforded the opportunity to tell their stories.  We are sorry that we were not able to hold these hearings as originally planned in the Mahatma Gandhi Hall for security reasons.  It would have particularly significant for the contribution that the Mahatma made to the struggle for a dispensation of justice and democracy in South Africa.  But we are enormously grateful to the Jewish Club for making available these splendid facilities for these hearings.  It seems in a different kind of way particularly appropriate that the venue should be a Jewish one, given their peculiar capacity to remember.
I want to express yet again our appreciation to the media for carrying out a quite crucial ministry, especially SABC TV for its sensitive and unobtrusive relaying to the nation of what is happening in these hearings.  We comment the radio for ensuring that thousands, if not millions, especially of the so-called ordinary people, are being reached.  
We want to thank the police for helping to provide security, especially as they must be stretched in this province.  
We do want to express our deepest sympathy to those who are suffering as a result of the ongoing violence in this province, and express our distress that violence seems to be endemic in these parts.  We hope that work of the Commission may make some kind of contribution to the ending of violence, and to the promotion of reconciliation in these parts.
A particularly warm welcome to those who will be testifying, and to their families.  Thank you for your generosity, and in this province particularly, your courage in coming forward and exposing your pain to the gaze of the world.  Only those who will find what they are looking for can, with any hope of credibility, accuse the Truth and Reconciliation Commission of bias, or of being a witch hunt.  The previous three hearings have shown how determined we are to be completely even-handed and unbiased.  The whole political spectrum has been represented in those hearings, and I am certain these hearings here will be no exception to that characteristic.  All sides of the conflict of the past have been, and will be, represented.  We cannot pretend that we are not sad at the fact that a very substantial, very important role-player in the IFP at the present time does not seek to co-operate with the Commission.  But if no one comes from their side to tell their story it won't be the TRC that has to bear the blame for being one-sided.
We wish to stress again that we have not rushed to subpoena alleged perpetrators because of not wanting to be seen to pursue them as if we were a witch hunt.  We have deliberately sought that this first set of hearings should be victims' hearings, affording people, many, many of whom have never before had such an opportunity of telling their story.  Those who may be named will be given, or have been given, what we consider to be reasonable and timeous notice, so that they can make representations.  We want to give an assurance that we will, as soon as possible, give such persons the opportunity to tell their side of the story, and perhaps accord them the privilege of limited cross-examination of those who have so accused them.
The whole purpose of the Truth and Reconciliation Commission is to make a contribution to the healing of our nation.  The promotion of national unity and reconciliation is the title of the Act that brings us into existence.  Almost all who have heard the testimony given at the previous hearings have been deeply moved, and believe that these hearings are indeed contributing to a national catharsis, are contributing to the healing of our nation.  The wounds indeed are being opened and cleansed, and balm and ointment is poured on them, and they are being bound up so that they can heal and not fester.
I repeat my urgent appeal to everybody, but mostly to our brothers and sisters amongst the Afrikaans-speaking community.  Everybody knows that when an Afrikaner sees the light, and recognises it to be the light, then nothing can hold him back, he becomes very enthusiastic.  An Afrikaner gives his best.  We are a very odd community.  We were created by God the Father out of His love for us all, and we were redeemed from evil by the blood of Christ.  He led us out of the slavery of sin, and now God, the Holy Spirit, dwells in us all.  We are people of grace.  Almost everybody who has testified before us thus far are people who are not looking for revenge.  They don't carry hatred around in their hearts.  They simply want to know the truth, and then they are prepared to
forgive.  The Afrikaner can make a huge contribution to the healing and reconciliation which is taking place in our country.  There is a great challenge and a big role for him in our life in this country, and I therefore repeat my urgent appeal to all of us.  Please if you would just repent, if you would just confess, people will be prepared to forgive, then we can all be healed.  We have the example of the Churchman whose letter we have read.
(Incomplete) ... are only the first four, and because they have been of symbolic significance they have been fairly large hearings.  After these we intend to split up as the Human Rights Violations Committee, perhaps one Commissioner with one Committee Member, and to have often simultaneous hearings in as many parts of our country as possible, to give as many people an opportunity as possible to tell their stories.  We will not make an immediate finding in these hearings.  That will happen a little later.  
Those who give evidence here enjoy the same privilege as would happen in a court of law.  If a witness deliberately gives the Commission false testimony then he or she will be guilty of an offence, as would be the case in a court of law.  This is not a court, but we know you will conduct yourselves with proper decorum.  As I have said before, I do not wish to invoke the powers vested in me.
Thank you to all who uphold us in their prayers as these hearings get under way, and so I declare this session of the hearings open.  I want to hand over now to Dr Borraine, but before I do so may I first of all
introduce the panel that is here with me.  On my left is
Dr Borraine, Alex Borraine, the Deputy-Chairperson of the  Commission and a member of the Human Rights Violations Committee;  Richard Lyster, a Commissioner and members of the Human Rights Violations Committee, and co-ordinator our regional office.  Next to him is Dr Khoza Mgojo, a Commissioner, member of the Reparations and Rehabilitation Committee from this region.  Next to him is Dr Mapule Ramashala, Commissioner and member of the Reparations and Rehabilitation Committee out of Western Cape.  Mdu Dlamini, committee member of the Human Rights Violations Committee from this region.  Virginia Gcabashe, committee member of the Human Rights Violations Committee from this region.  Dr Sibangele Magwaza, a committee member of the Reparations and Rehabilitation Committee from this region.  Dumisa Ntebeza, Commissioner and head of the investigating unit.  He comes from the Western Cape now.  And then Ilan Lax, member of the Human Rights Violations Committee from this region. I now hand over to ... (incomplete)