Issued by: Truth and Reconciliation Commission
October 11, 1996
STATEMENT BY ARCHBISHOP DESMOND TUTU, CHAIRPERSON, AND DR ALEX BORAINE, VICE CHAIRPERSON OF THE TRUTH AND RECONCILIATION COMMISSION ON THE OUTCOME OF THE MALAN TRIAL
The Court has weighed up the evidence, the accused have been found not guilty, and we certainly would not quarrel with its decison. But the outcome of the proceedings demonstrates our conviction that the processes of the Commission offer a better prospect of establishing the truth about our past than criminal trials.
For it is very unlikely that many convictions would be secured if the State was to attempt to prosecute the perpetrators of human rights violations from all sides for the crimes of the past 30 years. In this case, the State has not succeeded in securing a guilty verdict in spite of spending an estimated R7 million, and spending months and months leading evidence.
It would nevertheless be very unwise for perpetrators waiting in the wings to think that the outcome of this trial offers them any reassurance. The Motherwell and De Kock cases give the lie to the suggestion that because people were acquitted in this case, all perpetrators can breathe a sigh of relief. Developments around the Commission in the next few weeks are likely to indicate that. It is important for perpetrators to come to the Commission before they face the alternative of being prosecuted in a court of law.
The Commission has not yet decided whether it will conduct its own investigation into the issues raised in the Malan trial, and a final decision would depend on our resources and an evaluation of priorities by our regions. But as with any other investigation, if we were to go ahead we would not hesitate to invite or subpoena those involved in this trial, including those who have been acquitted.
Inquiries: John Allen, 082-452-7859