Human Rights Violation Hearings — Bisho — 1996-11-18

MR POTGIETER: Thank you Reverend Finca.  Good morning Ladies and Gentlemen.  A warm word of welcome to you at this the resumed hearing into the event that has become known as the Bisho Massacre.  We have previously listened to a part of the testimony and submissions in regard to this incident in Bisho between the 9th and the 11th of September.  It was not possible at that stage to hear all of the testimony and to take all of the submissions and in view of certain submissions made at that stage it has become necessary to listen to further submissions in response, and for that purpose we will be having the resumed hearing today, the 18th of November and tomorrow the 19th of November, into the massacre.
 Before we start may I bring to your attention just one or two household rules if I may.  Perhaps it's important to explain that at this hearing no findings will be made in regard to any of the issues that are placed before the Commission.  This panel simply receives the testimony and the submissions and findings are made eventually after all the facts are before the Commission and the Commission is satisfied that there has been a thorough canvassing of all the facts and the circumstances as well as a full investigation, or as full an investigation as possible into 
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the particular matter.
 Secondly, just to get it on record, although we are not conducting a court case, and although we are not sitting as a court of law there is a need to maintain decorum, there is a need to maintain a level of discipline at these proceedings and for that purpose I am reminding you of the need in this regard.  Often there are emotional issues that are raised, and often not everybody agrees with what is being said but it is necessary in order to enable the Commission to hear all the sides to a particular incident, that everybody be given a full opportunity to present testimony, to make a submission unhindered, and I'm quite sure I don't need to remind you in this regard.
 Finally insofar as the applicable rules are concerned it is necessary for me also to remind witnesses that in the event of a person wilfully misleading the Commission, or wilfully making false accusations and making false submissions, wilfully, that amounts to an offence and there is provision for appropriate steps to be taken against a person who does that.  Also just by way of a reminder, I am quite sure that there shouldn't be a difficulty in that regard.
 May I also before we start, introduce my colleagues on the panel with me this morning.  I will start on my right, my far right is Advocate Ntsiki Sandi.  He is a member of our Human Rights Violations Committee and he's based at our regional office in East London.
 Next to him is Ms Tiny Maya who is also a member of the Human Rights Violations Committee and she's based in our office here in East London.  
 Next to me on my right-hand side is Ms June Crichton, 
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also a member of the Human Rights Violations Committee.  She is working in this region but she is based at our office in Port Elizabeth.
 On my left is, and I've got to be very careful about this, Ms Pumpla Bogodo-Madikizela who is also a member of the Human Rights Violation Committee and like myself is based in our Cape Town office and works in the Western and Northern Cape region of the Commission.
 Next to her is a well-known face in this part of the world, it's Rev Bongani Finca, who is the convenor of our office in the Eastern Cape in East London, and he is also a member of the Human Rights Violations Committee, he's a Commissioner.
 Next to him is Dr Mapule Ramashala.  She is based in the Western Cape, in our Cape Town office and she is a member of our Reparations and Rehabilitation Committee.  She is a Commissioner.
 Then right at the end, on my extreme left, is Ms Hlengiwe Mkhize.  She is based at our Johannesburg Office, in the Gauteng region, and she is the Chairperson of our Reparations and Rehabilitation Committee.
 I am Denzil Potgieter.  I am based in Cape Town and I am in the Human Rights Violations Committee.  Thank you.
 As you have heard Reverend Finca reporting that we have a bit of a delay, understandably in view of the weather, and for that reason we have re-scheduled the items on the agenda and we will proceed immediately to the submissions on behalf of the National Party which will be presented by Mr Roelf Meyer, Premier Hernus Kriel and Mr Ray Radue.  I invite them to the podium.

MR POTGIETER: Gentlemen good morning and welcome.  I
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assume, Mr Meyer, that you will lead the submission.  We have followed the practice of not asking people who make submissions to take an oath, so I won't do that, I will simply hand over to you and ask you to take us through your submission.  Once you have done you can indicate which one of your colleagues or both of them if they want to add to what you have said.  Thank you very much, over to you.