Issued by: Truth and Reconciliation Commission
April 13, 1997
The Truth and Reconciliation Commission has issued its first subpoenas requiring supporters of liberation movements to appear at investigative inquiries of the Commission.
Mr Robert McBride and Ms Greta Appelgren - as she was then known - have been called to appear before the Commission in Durban from April 21. They were convicted of offences arising out of the bombing of Magoo's Bar, Durban.
The subpoenas were served at Easter.
Archbishop Desmond Tutu, chairperson of the Commission, said in a statement today:
"Mr McBride was told in his subpoena that he would face questions which relate to 'your involvement in, role and/or knowledge of the bombing of Magoo's Bar at Marine Parade, Durban, on 14 June 1985, including but not confined to the extent of the involvement of the military and political wing of the African National Congress (MK) in the planning and execution of the aforesaid bombing...'
"Ms Appelgren will be questioned on the same incident. The subpoenas were issued by our Durban office 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.
"It is the same section under which a number of former police generals were subpoenaed late last year.
"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. If he is not financially capable of doing so, the Commission may appoint a legal representative to assist him or her.
"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."
Inquiries: John Allen, 082- 452-7859