Issued by: Truth and Reconciliation Commission
October 3, 1996
STATEMENT BY DR ALEX BORAINE, VICE-CHAIRPERSON OF THE TRUTH AND RECONCILIATION COMMISSION
The Truth and Reconciliation Commission will tomorrow begin the process of issuing subpoenas summoning the former Minister of Law and Order, Mr Adriaan Vlok, and former high-ranking police officers to appear at investigative inquiries of the Commission.
The subpoenas will be issued in terms of Section 29 of the Promotion of National Unity and Reconciliation Act, which grants the Commission the power to call upon any person to appear before the Commission to give evidence or to answer questions relevant to the subject matter of the inquiry.
Notices will be served on each of those being subpoenaed by the Commission's Investigative Unit, requiring them to attend an inquiry at a specified time and place. They will be given 14 days' notice of their appearance.
The Commission will not disclose in advance details of the subject matter of inquiries. The law provides that "no person other than a member of the staff of the Commission or any person required... to give evidence shall be entitled or permitted to attend any hearing conducted in terms of this section [of the Act." However, the Commission is able to release information about Section 29 hearings at its discretion, or at subsequent public hearings of the Commission.
In terms of Section 34 of the Act, any person who is subpoenaed is entitled to appoint a legal representative.
The decision to issue subpoenas follows the receipt today of a letter from Generals Johan van der Merwe, Mike Geldenhuys, Johan Coetzee and Hennie de Witt, all former Commissioners of Police.
In their letter, the generals assert that their own knowledge of gross violations of human rights is solely based on general information in police dockets, court records and media reports. They say any possible involvement in violations on their part "may be restricted to limited instances, and even in those instances proper legal advice will have to be obtained in order to determine whether any such instances actually constitute any gross human rights violations..."
The generals have also outlined legal problems which they believe make it difficult for them to assist other former members of the police in coming before the Commission. They say that because of the legal obstacles inhibiting them from becoming constructively involved with the Commission, they are unable to furnish further submissions to us at this stage. They remain willing to co-operate with the Commission, but asked us to subpoena them before they provide further details to us.
Section 39 of the Act provides for penalties for any person who fails to appear in response to a subpoena without sufficient cause, or who "fails or refuses to answer fully and satisfactorily to the best of his or her knowledge and belief any question lawfully put to him or her..." Those guilty of offences in terms of the Act are liable to fines and/or imprisonment of up to two years.
It has already been publicly reported that the list of policemen upon whom we are considering serving subpoenas includes Generals Van der Merwe, Geldenhuys and Coetzee, Lieutenant Generals Basie Smit and Johan le Roux, and Major Generals Krappies Engelbrecht and Bertus Steyn. The Commission's national and regional offices already have more extensive lists of subpoena candidates, which they will act upon as and when deemed necessary.