Issued by: Truth and Reconciliation Commission
September 1, 1997
STATEMENT BY DR ALEX BORAINE, ACTING CHAIRPERSON OF THE TRUTH AND RECONCILIATION COMMISSION
We regret indications by Mr Philip Powell that he intends to refuse to give evidence to the TRC.
The Commission operates according to the Promotion of National Unity and Reconciliation Act, a law whose contents are the responsibility of Parliament. The subpoena requiring him to appear has been issued in terms of the Act. Mr Powell's contemplated action would therefore represent not just an expression of his feelings about the TRC, but calculated defiance of a law passed by a democratically-elected Parliament. The law regards refusal to co-operate with the Commission in a serious light, and a failure to appear can lead to a fine or a prison sentence of up to two years, or both. The TRC does not wish to lay charges against Mr Powell, but whether this happens or not is a matter which lies in his hands.
Contrary to his allegations, the Commission is not engaged in an accusatory witchhunt against Mr Powell. We are simply using the mechanisms laid down in the Act to secure information which will enable us to fulfil our mandate, which is to establish as complete a picture as possible of the causes, nature and extent of gross human rights violations. The mechanism provided by the law is a subpoena to appear at an investigative inquiry of the Commission.
Mr Powell has some weeks before he is due to appear before the Commission - on September 29. He is entitled to legal representation at the inquiry and we hope that after consultation with his lawyers he will reconsider his position before then.