Issued by: Truth and Reconciliation Commission
September 23, 1997
STATEMENT BY ARCHBISHOP DESMOND TUTU, CHAIRPERSON, TRUTH AND RECONCILIATION COMMISSION
The Commission today informed lawyers for Mrs Winnie Madikizela-Mandela that if they wish to apply for a postponement of the investigative inquiry involving their client, they must appear before the Commission in public this week to argue their case.
The Commission has further advised Mrs Madikizela-Mandela's lawyers that, as a result of them disputing the terms of a verbal agreement reached last week, the Commission will schedule the inquiry for Friday September 26 and Saturday September 27, as is set out in the subpoena served upon her.
The Commissioners presiding at the inquiry will thus convene at 9 am on Friday September 26 at its offices in Johannesburg. Should lawyers wish to argue for a postponement, the Commissioners will first hold a public hearing to hear the arguments. The media would be permitted to cover such a session.
The Commissioners will make a decision on any application for a postponement on the merits and after hearing argument. Should a postponement be refused, the inquiry will be convened and proceed immediately. The Commission accordingly expects Mrs Madikizela-Mandela to attend on Friday September 26 and Saturday September 27.
As outlined in an extensive TRC statement last week, the inquiry involves only Mrs Madikizela-Mandela being questioned by Commissioners and staff. It is not a hearing involving other witnesses. In terms of the provisions of the law governing TRC investigations, it will be held in camera.
Once the Commission's investigations are complete, we have the power to convene a public hearing under the auspices of the Human Rights Violations Committee of the TRC. At such a hearing, such witnesses as may be decided upon by the Commission may be subpoenaed to appear. In terms of the law governing our activities, as interpreted by the Appellate Division of the High Court, any public hearing would need to be preceded by us giving advance notice to anyone who will be named to their detriment of the allegations to be made against them.
Whether or not we decide to hold a public hearing of the HRV Committee, the Commission will hold amnesty hearings in relation to the activities of members of the so-called Mandela United Football Club who have applied for amnesty for offences defined in the law as gross violations of human rights. In terms of the law, such acts are those involving killing, torture or abductions. Anyone named to their detriment in amnesty applications must also be given advance notice in terms of the section of the law dealing with the amnesty process.
It should be clear from the above that Mrs Madikizela-Mandela will have the opportunity of appearing publicly before the Commission once our investigations have been completed, whether at an amnesty hearing, an HRV hearing or both.
The background to our announcement about Friday and Saturday follows:
A draft subpoena for Mrs Madikizela-Mandela was drawn up which gave notice of an inquiry on Thursday September 25 and Friday September 26. While the terms of the subpoena were being finalised, the dates were changed to September 26 and 27.
On Sunday September 15, Dumisa Ntsebeza and a senior member of the TRC staff met with Mrs Madikizela-Mandela's lawyers and with Mr Matthews Phosa, head of the ANC's legal department, at the request of Mr Phosa. It was agreed at this meeting that the dates - a Friday and a Saturday - were obviously mistaken but that the investigation would take place on Thursday and Friday.
The lawyers yesterday contested that they undertook to have their client present on Thursday September 25. However, they said they would be present themselves and might possibly apply for a postponement.
To avoid any possible doubt about the position, we informed the lawyers today that the inquiry will proceed as provided for in the subpoena, namely on September 26 and 27. In addition we have said that if their client wishes to argue for a postponement, argument on such an application will be heard in public.