COMMISSION Of INQUIRY INTO VIOLENCE IN BOPHUTHATSWANA ON 11 MARCH 1994 PROCLAMATION by the Acting President of the Republic of South Africa No. R. 31, 1996 COMMISSION Of INQUIRY INTO THE INCIDENTS THAT LED TO THE VIOLENCE IN THE FORMER BOPHUTHATSWANA ON 11 MARCH 1994, AND THE DEATHS THAT OCCURRED AS A RESULT THEREOF Under the powers vested in me by section 1 of the Commissions Act, 1947 (Act No. 8 of 1947), 1 hereby declare that the provisions of that Act shall be applicable to the Commission of Inquiry into the Incidents that led to the Violence in the former Bophuthatswana on 11 March 1994, and the Deaths that occurred as a result thereof, and I hereby make the regulations in the Schedule with reference to the said Commission. Given under my Hand and the Seal of the Republic of South Africa at Cape Town this Twenty-first day of May One thousand Nine hundred and Ninety-six. T. M. MBEKI President By Order of the President- in-Cabinet: A. M. OMAR Minister of the Cabinet SCHEDULE REGULATIONS 1. In these regulations, unless, the context otherwise indicates-- "Chairman" means the Chairman of the Commission; "Commission" means the Commission of Inquiry into the Incidents that led to the Violence in the former Bophuthatswana on 11 March 1994, and the Deaths that occurred as a result thereof; "document" includes any book, pamphlet, record, list, circular, plan, placard, poster, publication, drawing, photograph or picture, "inquiry" means the inquiry conducted by the Commission; "member" to the Violence in the former Bophuthatswana on 11 March 1994, and the Deaths that occurred as a result thereof; "document" includes any book, pamphlet, record, list, circular, plan, placard, poster, publication, drawing, photograph or picture, "inquiry" means the inquiry conducted by the Commission; "member" means, a member of the Commission, Incidents that led to the Violence in the former Bophuthatswana on 11 March 1994, and the Deaths that occurred as a result thereof in shorthand/by mechanical means as ordered by the Chairman of the Commission; (b) that I shall transcribe fully and to the best of my ability any shorthand notes/mechanical record of the proceedings of the said Commission made by me or by any other person. (2) No shorthand notes or mechanical record of the proceedings of the Commission shall be transcribed except by order of the Chairman. 4. Every person employed in the execution of the functions of the Commission, including any person referred to in regulation 3 (1), shall help to preserve secrecy with regard to any matter or information that may come to his knowledge in the performance of his duties in connection with the said functions, except in so far as the publication of such matter or information is necessary for the purposes of the report of the Commission, and every such person, except the Chairman, any member or any officer, shall, before performing any duty in connection with the Commission, take and subscribe before the Chairman an oath of fidelity or secrecy in the following form: I, A.B., declare under oath/affirm and declare that except in so far as it is necessary in the performance of my duties in connection with the functions of the Commission of Inquiry into the Incidents that led to the Violence in the former Bophuthatswana on 11 March 1994, and the Deaths that occurred as a result thereof, or by order of a competent court, I shall not communicate to any person any matter or information which may come to my knowledge in connection with the inquiry of the said Commission, or suffer or permit any person to have access to any records of the Commission, including any note, record or transcription of the proceedings of the said Commission in my possession or custody or in the possession or custody of the said Commission or any officer. 5. No person shall communicate to any other person any matter or information which may have come to his knowledge in connection with the inquiry of the Commission, or suffer or permit any other person to have access to any records of the Commission, except in so far as it is necessary in the performance of his duties in connection with the functions of the Commission or by order of a competent court. 6. The Chairman may designate one or more knowledgeable persons to assist the Commission in the performance of some of its functions, in a capacity other than that of a member. 7. The Chairman or an officer generally or specially authorised thereto by the Chairman shall administer an oath to or accept an affirmation from any witness appearing before the Commission. 8. Where, at the time of any person giving evidence before the Commission, members of the general public are or have been excluded from attendance at the proceedings of the Commission, the Chairperson may, on the request of such a person, direct that no person shall disclose in any manner whatsoever the name or address of such person or any information likely to reveal his or her identity. 9. Any witness appearing before the Commission may be cross-examined by a person only if the Chairman permits such cross-examination by such person because the Chairman deems it necessary in the interest of the functions of the Commission. 10. Any witness appearing before the Commission may, in the discretion of the Chairman and in such manner as may be determined by him, be assisted by an advocate or an attorney. 11. An officer, attorney or advocate designated thereto by the Chairman may be present at the hearing of evidence at the inquiry and may adduce evidence and arguments relating to the inquiry. 12. Whenever the Commission is satisfied upon evidence or information presented to it that the Commission's inquiry may adversely affect any existing, instituted or pending legal proceedings or any investigation instituted in terms of any law, evidence which is relevant to such legal proceedings or investigation shall be dealt with by the Commission in such a manner as not to affect adversely such legal proceedings or investigation. 13. The Chairman, any member or any officer may, with a warrant, for the purposes of the inquiry, at all reasonable times enter and inspect any premises and demand and seize any document which is on such premises. 14. No person shall without the written permission of the Chairman_ (a) disseminate any document submitted to the Commission by any person in connection with the inquiry or publish the contents or any portion of the contents of such document; or (b) peruse any document, including any statement, which is destined to be Submitted to the Chairman or intercept such document while it is being taken or forwarded to the Chairman. 15. No person shall, except in so far as shall be necessary in the execution of the terms of reference of the Commission, publish or furnish any other person with the report or any interim report of the Commission or a copy or a part thereof or information regarding the consideration of evidence by the Commission for publication before the expiration of a period of 14 days after it has been submitted to the President: Provided that the President may authorise publication of any such report before the expiration of that period. 16. No person shall insult, disparage or belittle the Chairman or any member of the Commission or prejudice the proceedings or findings of the Commission. 17. Any person who- (a) wilfully hinders, resists or obstructs the Chairman, any member or any officer in the exercise of any power contemplated in regulation 13; or (b) contravenes a provision of regulation 5, 8, 14 or 15; or (c) contravenes a provision of regulation 16, shall be guilty of an offence and liable on conviction-- (i) in the case of an offence referred to in paragraph (a) or (b), to a fine, or to imprisonment for a period not exceeding six months; and (ii) in the case of an offence referred to in paragraph (c), to a fine, or to imprisonment for a period not exceeding 12 months. TERMS OF REFERENCE of the President of the Republic of South Africa to the COMMISSION OF INQUIRY INTO THE INCIDENTS THAT LED TO THE VIOLENCE IN THE FORMER BOPHUTHATSWANA ON 11 MARCH 1994, AND THE DEATHS THAT OCCURRED AS A RESULT THEREOF The Commission's terms of reference are as follows: 1. To inquire into and report upon the Incidents that led to the Violence in the former Bophuthatswana on 11 March 1994, and the Deaths that occurred as a result thereof, with more specific reference to- (a) the identity of the deceased in each instance; (b) the circumstances of each death; (c) the cause or likely cause of each death; and (d) whether or not in respect of each death, the death was brought about by any act or omission prima facie involving or amounting to an offence on the part of any person (or persons) and, if so, what the identity of such person (or persons) is. 2. If the Commission is unable to record any such finding, it shall record that fact. 3. The Commission is further enjoined, in the exercise of its discretion, to prepare and submit interim reports from time to time.