THE LEGAL PROCEEDINGS BETWEEN THE TRC AND THE NP

Issued by: Truth and Reconciliation Commission

22 September 1997

The following news release reflects the terms of a settlement of the legal proceedings between the TRC and the NP. It was agreed upon by Archbishop Desmond Tutu and Mr Marthinus van Schalkwyk today.

1. The parties are pleased to announce that the legal proceedings between the NP and the TRC in the Cape High Court have been resolved.

2. The intervention by the Chairperson of the TRC, Archbishop Desmond Tutu, on 4 September 1997, which resulted in a personal apology from him for publicly criticizing the evidence presented on behalf of the NP by Mr F W de Klerk on 14 May 1997; and the willingness of the NP and Opposition leader, Mr Marthinus van Schalkwyk, to reach a settlement in the interests of reconciliation, resulted in the following agreement:

2.1 The TRC Deputy Chairperson, Dr Alex Boraine, associates himself fully with the sentiments of Dr Tutu referred to above, and expresses the same sentiments as Dr Tutu in relation to his own public criticism of the evidence presented on behalf of the NP by Mr F W de Klerk on 14 May 1997;

2.2 For this Dr Boraine personally apologises to Mr de Klerk and the NP.

2.3 The TRC acknowledges, and is deeply concerned at the perception, that such public criticism and conduct reflected negatively on its objectivity and impartiality.

2.4 The TRC acknowledges the obligation imposed upon it by the Promotion of National Unity and Reconciliation Act to function without political or other bias and undertakes to refrain from conduct which would contravene the ACT.

2.5 The detail of future co-operation between the NP and the TRC will be discussed by Archbishop Tutu and Mr Van Schalkwyk at a later occasion.

2.6 The NP shall, in view of the above mentioned apologies and undertakings, withdraw its application. It is agreed that the parties will bear their own legal costs.

Inquiries: John Allen, 082- 452-7859