Issued by: Truth and Reconciliation Comission
22 October 1997
STATEMENT BY ARCHBISHOP DESMOND TUTU, CHAIRPERSON OF THE TRUTH AND RECONCILIATION COMMISSION
The Truth and Reconciliation Commission deeply appreciates the submission made to us by the country's current and former top judges and I would now like to make a strong appeal to South Africa's judiciary to appear in person at next week's Truth and Reconciliation Commission hearings on the legal sector.
More than 20 judges are signatories to a number of written submissions for the hearing - for which we are also grateful - but we are very disappointed that they are reluctant to attend the hearing. I discussed the matter with the Chief Justice yesterday but was unable to persuade him to appear with his fellow senior judges. However, we are pleased that he made clear that other judges were free to appear, and I urge them to do so.
The appearance of judges would be of immense symbolic value, which would in turn be greatly enhanced by apologies by members of the Bench for the past. This is a time of much reflection in our country, during which not only victims and perpetrators have come forward to tell their story, but also members of the medical profession, the media and business.
It is very unfortunate that certain members of the legal profession, judges among them, have arrogated to themselves a special status, saying they do not need to come before the Commission. If judges do not come, they will miss a wonderful opportunity to examine their own actions in the past and in so doing also help us to deal with our past.
We need to explore the meaning of accountability and judicial independence in our new constitutional democracy. We hould not pretend that judges are not human and not fallible. They have made mistakes in the past and there is no reason to believe that they will not again, but they need to operate in a more open and transparent community.
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