Issued by: Truth and Reconciliation Commission
May 24, 1996
The Human Rights Violations Committee of the Truth and Reconciliation Commission will seek to clarify the rights of alleged perpetrators of human rights violations after two divisions of the Supreme Court expressed conflicting opinions on the issue.
A meeting of the committee, held in Johannesburg today, resolved to take legal steps to resolve differences over how much notice alleged perpetrators have to be given if victims want to name them at commission hearings.
Pending clarification being obtained, the committee adopted procedures aimed at giving persons proper, reasonable and timeous notice of hearings if evidence detrimentally implicating them is heard.
The Cape Supreme Court last month ordered the commission to give "proper, reasonable and timeous notice". However, in a judgment on another matter in Port Elizabeth this week, the South Eastern Cape Division of the Supreme Court disagreed with the Cape Town judgment. Mr Acting Justice R G Buchanan said he did not believe prior notice need be given to someone detrimentally implicated.
The Human Rights Violations Committee also took note of today's order from the Cape Supreme Court requiring that it should give two retired police officers at least 30 days' notice of a hearing at which they would be named. The committee will abide by the ruling. It will, however, oppose the confirmation of the order when the court hears full argument on the matter on June 13. It will also contest the allegation that it acted in contempt of last month's court order.