STATEMENT BY DR BIKI MINYUKU, CHIEF EXECUTIVE OFFICER OF THE TRUTH AND RECONCILIATION COMMISSION, TRC INVESTIGATION INTO PUBLICATION OF VLOK AMNESTY , 20 June 1997
The Truth and Reconciliation Commission has launched an investigation arising out of the publication of what purports to be the amnesty application of Adriaan Vlok in a newspaper today.
The Vice-Chairperson of the Commission, Dr Alex Boraine, telephoned Mr Vlok today to tell him the TRC had not authorised the disclosure of any information, that it was investigating the matter and to apologise in the event that information had been leaked from within the Commission.
The Promotion of National Unity and Reconciliation Act, under which the Commission Acts, provides that amnesty applications are confidential. The confidentiality lapses, in the words of the Act, only when "the Commission decides to release such information or when the hearing commences."
The Commission's general practice is that basic details about applications are released only when a matter is set down for hearing and the application form is released only when the hearing commences. In exceptional cases, the Commission can authorise the release of information in other circumstances.
In this matter, the application has neither been set down for hearing, nor has the Commission decided to release the information.
There is no evidence as to where the information published in today's Cape Times comes from.
However, should the information emanate from within the Commission, the person responsible would have committed an offence in terms of Section 39 of the Act and would be liable upon conviction to a fine, or to imprisonment of up to two years, or to both a fine and imprisonment.
The TRC's investigation is not aimed primarily at the newspaper or its right to publish but at establishing whether someone in its employ is responsible for leaking information. If this were to be the case, the Commission would initiate a prosecution.
The Commission recognises that it cannot investigate itself in this matter. Therefore, in addition to conducting an internal investigation, we have reported the matter to the branch of the South African Police Services which is responsible for safety and security in the Commission.
Issued by: Truth and Reconciliation Commission