Issued by: Truth and Reconciliation Commission
September 5, 1997
The following is the full text of a statement read in the Cape High Court today by counsel for the TRC, Adv. Jeremy Gauntlett SC, at the beginning of the hearing of an application brought against the TRC by the National Party.
STATEMENT BY THE TRUTH AND RECONCILIATION COMMISSION
The legal proceedings between the National Party and the TRC in the Cape High Court follow a press conference on 15 May, 1997, which gave rise to widespread media reports. In its application to court, the NP has contended that the TRC acted unfairly by publicly criticising oral submission made by the NP on the previous day, thereby (it contends) creating an impression of bias.
Earlier discussions between the parties have not resolved the matter. Only a few months are now left for the TRC to complete the task which Parliament has given it. That process is being seriously prejudiced by litigation which, if it gives rise to an appeal, may take up to a year to end.
Speaking last night from New York, where he is still convalescing, the TRC's chairperson, Archbishop Desmond Tutu, says that he would not wish anything said at the press conference on 15 May 1997 to stand in the way of national unity and reconciliation. What was said was spoken from the heart, and because he and Dr Boraine believe passionately in a reconciliation which binds all through truths that are shared. He himself did not mean to cause offence or mistrust. He is sorry that by his words the NP should feel unfairly treated.
The acting chairperson of the TRC, Dr Alex Boraine, identifies himself fully with these sentiments. He reiterates that the TRC has not prejudged any issue relating to the NP. No finding on any submission or issues raised by it has yet been made by the TRC.
The process leading to the publication of the Commission's final report has already begun. This involves the entire Commission, including its professional staff, and all 17 Commissioners. While the report is being prepared, Dr Boraine indicates, it is not the TRC's intention to comment publicly on the substance of any of the submissions.
The TRC expresses the hope that once the leadership succession in the NP is resolved, the NP will revisit the question of a resumption of co-operation with the TRC, in sufficient time for its position to be fully taken into account.
The Archbishop and Dr Boraine believe that this is a unique opportunity for a fresh start in South Africa. The issue of reconciliation and unity through truth is central to our new constitutional and political order. This national endeavour cannot be allowed to be weakened or delayed by friction and mistrust. Least of all does conflict of this kind belong in a court.
It is for these reasons that the TRC seeks even now to reach out to the NP, to serve a cause greater than either body.
The TRC has no reason to doubt that the NP shares that view, and will respond in the same spirit and in the light of this declaration.