COMMISSION OF INQUIRY INTO THE RECENT VIOLENCE AND OCCURRENCES AT THE EAST PROCLAMATION by the President of the Republic of South Africa No. R. 54, 1996 COMMISSION OF INQUIRY INTO THE RECENT VIOLENCE AND OCCURRENCES AT THE EAST DRIEFONTEIN, LEEUDOORN AND NORTHAM MINES Under the powers vested in me by section 1 of the Commissions Act, 1947 (Act No. 8 of 1947), I hereby declare that the provisions of that Act shall be applicable to the Commission of Inquiry into the Recent Violence and Occurrences at the East Driefontein, Leeudoorn and Northam Mines, 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 Johannesburg this Twelfth day of September, One thousand Nine hundred and Ninety-six. N. R. MANDELA President By Order of the President-in-Cabinet: T. T. MBOWENI Minister of the Cabinet SCHEDULE REGULATIONS 1. In these regulations, unless the context otherwise indicates- "Chairperson" means the Chairperson of the Commission; "Commission" means the Commission of Inquiry into the Recent Violence and Occurrences at the East Driefontein, Leeudoorn and Northam Mines; "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; "officer" means a person in the full-time service of the State who has been appointed or designated to assist the Commission in the execution of its functions; "premises" includes any land, building, structure, part of a building or structure, vehicle, conveyance, vessel or air craft. 2. The proceedings of the Commission shall be recorded in the manner determined by the Chairperson. 3. (1) Any person appointed or designated to take down or record the proceedings of the Commission in shorthand or by mechanical means or to transcribe such proceedings which have been so taken down or recorded shall at the outset take an oath or make an affirmation in the following form: I, A. B., declare under oath/affirm and declare- (a) that I shall faithfully and to the best of my ability take down/record the proceedings of the Commission of Inquiry into the Recent Violence and Occurrences at the East Driefontein, Leeudoorn and Northam Mines in shorthand/by mechanical means as ordered by the Chairperson 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 Chairperson. 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 Chairperson, any member or any officer shall, before performing any duty in connection with the Commission, take and subscribe before the Chairperson 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 Recent Violence and Occurrences at the East Driefontein, Leeudoorn and Northam Mines, 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 Chairperson 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 Chairperson or an officer generally or specially authorised thereto by the Chairperson 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 Chairperson permits such cross-examination by such person because the Chairperson 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 Chairperson 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 Chairperson 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 Chairperson, 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 Chairperson- (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 Chairperson or intercept such document while it is being taken or forwarded to the Chairperson. 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 Chairperson or any member of the Commission or prejudice the proceedings or findings of the Commission. 17. Any person who- (a) willfully hinders, resists or obstructs the Chairperson, 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 RECENT VIOLENCE AND OCCURRENCES AT THE EAST DRIEFONTEIN, LEEUDOORN AND NORTHAM MINES The Commission's terms of reference are as follows: To inquire into and to report, within a period of ten (10) working days, on the causes of the recent violence and occurrences specifically affecting the mines at East Driefontein, Leeudoorn and Northam Mines and to make recommendations as to the immediate steps needed to end the strife and carnage.