TRC Final Report

Volume 1

Chapter 7

Subsection 15

Application to the Cape High Court by Dr Wouter Basson²⁰

126 On the 25 June 1998, Dr Wouter Basson launched an application in the Cape High Court reviewing the decision of the Commission of 12 June 1998 and requesting that the High Court set it aside.

Basis

127 Dr Wouter Basson contended that he would be prejudiced in his pending criminal case should he be compelled to testify before the Commission before his criminal matter was dealt with. He also contended that he had a right, amongst other things, to enforce his right to remain silent and his right against self-incrimination in terms of section 35 of the South African Constitution.

128 Dr Basson also claimed that the Commission’s ruling of 12 June 1998 was a violation of his rights in terms of section 35 of the Constitution and in direct conflict with the South African Constitution.

Counter application by the Commission

129 The Commission opposed Dr Basson’s application and filed a counter application, asking that the matters in the two applications be urgently dealt with.

130 The Commission sought a further order compelling Dr Basson to appear before the Commission’s Human Rights Violations Committee on Wednesday, 29 July 1998, and to answer all questions lawfully put to him.

131 Dr Basson’s application had been set down by way of normal motion court rules. If the Commission had not asked that the matter be dealt with as a matter of urgency, it would have been heard after the date of expiry of the Commission’s Human Rights Violations Committee, the Committee competent to hear the evidence.

132 The Commission sought a further order that the filing of an application for leave to appeal by Dr Basson in respect of any of the prayers in the Commission’s Notice of Motion should not suspend the operation or execution of the court’s order.

Order

133 On the 25 July 1998, Judge Hlope of the Cape High Court dismissed Dr Basson’s application with costs and granted the Commission’s counter application. Judge Hlope ordered Dr Basson to appear before the Human Rights Violations Committee on 29 July 1998 and to answer all questions lawfully put to him.