TRC Final Report

Volume 1

Chapter 11

Part OtherDepts

Subsection 14

9 Gideon Nieuwoudt v the Truth and Reconciliation Commission (Case No 1136/96). Mr Nieuwoudt was a former member of the South African Police security forces. He applied to the High Court (Port Elizabeth) for an order interdicting the Commission from hearing public evidence that would implicate him in any human rights violation until and unless he had been given proper, reasonable and timeous notice. He also asked that the Commission be required to furnish him with copies of documents relevant to the incidents raised in the evidence. It was agreed, amongst other things, that the Commission would not allow the presentation of evidence implicating an applicant without prior notice being given to that applicant. The case was settled on 5 June 1996, and the application was withdrawn.

10 Gideon Nieuwoudt v the Truth and Reconciliation Commission and Others (Case No 1253/96). Mr Nieuwoudt brought contempt of court proceedings against the Commission and those commissioners who sat on the panel during the Human Rights Violations hearing in Port Elizabeth. He contended that the Commission was in contempt of the rule nisi obtained under case number 1136/96 (above). The case was settled to the satisfaction of both parties and the settlement was made an Order of Court³ .

3 The Commission agreed to give Mr Niewoudt the opportunity to respond as soon as was reasonably possible to any evidence given at a hearing that implicated him in any human rights violations. It also agreed to take all reasonable steps to forward to him statements that implicated him in human rights violations before evidence was heard, and to inform him when and where it would be heard. The Commission agreed to pay Mr Niewoudt’s legal costs in the matter. <h2>■ CASES BROUGHT BY THE COMMISSIONh2>

11 TRC v Coleman and 37 others (case no 3729/98). The Commission brought an application to establish legal certainty on a decision by the Amnesty Committee to grant amnesty to thirty-seven members of the African National Congress (ANC). Before the lodging of the application, the NP applied to the High Court (Cape Provincial Administration) for an order to review, set aside or correct the decision of the Amnesty Committee to grant amnesty to the respondents. The Commission lodged an application for an order to void or to review and set aside the decision and to direct the Amnesty Committee to consider the applications afresh. The matter was settled, and the court ruled in favour of the Commission.

12 The Commission also brought an application for the recovery of the salary paid to the former regional head of investigations employed in the East London office, based on his fraudulent misrepresentation. The application was still pending at the time of finalising the report.

<H4> ■ HUMAN RESOURCES-RELATED LEGAL MATTERS H4>

13 The Legal Department also handled human resources-related legal matters such as staff contracts and discipline.⁴

<H4> ■ THE LEGAL AID BOARD H4>

14 Section 34 of the Act, quoted above, set out the Commission’s obligations regarding the funding of legal representatives.

15 Special meetings were held with the Legal Aid Board leading to agreements on the set forms that people would use when applying to the Commission for legal assistance and on the form of letters approving or refusing applications for legal assistance. The Commission prepared a manual on its statutory obligations in terms of section 34.

16 In consultation with the Legal Aid Board and the Department of Justice, the Commission promulgated the tariff of fees payable to legal practitioners who provided legal assistance in terms of section 34 of the Act.⁵ Leading Evidence at Commission Hearings

17 The Legal Department was directly involved in the preparation and the leading of evidence at hearings on the ANC, the Mandela United Football Club and the PW Botha hearing. In respect of the latter, only preparation work was done as Mr PW Botha did not attend the hearing and criminal action by the attorney-general was still pending at the time of reporting.

4 See Annexure 1. 5 The legal practitioners assisted and the amounts disbursed are set out in Annexure 2.

amnesty to the respondents. The Commission lodged an application for an order to void or to review and set aside the decision and to direct the Amnesty Committee to consider the applications afresh. The matter was settled, and the court ruled in favour of the Commission.

12 The Commission also brought an application for the recovery of the salary paid to the former regional head of investigations employed in the East London office, based on his fraudulent misrepresentation. The application was still pending at the time of finalising the report.

<H4> ■ HUMAN RESOURCES-RELATED LEGAL MATTERS H4>

13 The Legal Department also handled human resources-related legal matters such as staff contracts and discipline.⁴