Hefer: Row over apartheid files
2003-10-21 10:14
Bloemfontein - A heated row over truckloads of security files from the apartheid era erupted on Thursday at the Hefer Commission in Bloemfontein.
Two of the commission's main witnesses, African National Congress veteran Mac Maharaj and foreign affairs official Mo Shaik, had requested the files on Wednesday. They maintained that they were unable to testify without them.
This postponed an important part of the commission's public inquiry until November 17, when the two men's opening submissions must be heard.
On Wednesday afternoon they submitted to the commission secretariat a seven-page list of the documents to be procured for them from the police and various intelligence agencies.
Shaik and Maharaj insisted that all were relevant to the commission's investigation into whether National Director of Public Prosecutions Bulelani Ngcuka was an apartheid spy.
However, commission secretary John Bacon has since informed them that he needed a more specific list by Monday.
Yunis Shaik, appearing for his brother and Maharaj objected to this and asked Judge Joos Hefer to allow his a delay for "as soon as more particulars become available".
Shaik accused the commission secretariat of having a "vindictive approach", saying his clients were being "persecuted" and "hounded", and maintained that the secretariat was attempting to shift the burden of their investigation onto his clients.
"Please save us," Shaik called on Hefer, asking for more time to prepare their case.
"Please keep Mr Kessie (commission evidence leader Kessie Naidu, SC,) at bay."
Truck-loads
Naidu said Shaik's alarm could not be compared to his own when he saw the list of requested documents for the first time.
It included all files held by all intelligence agencies and the police of the apartheid government on a large number of organisations. These ranged from the ANC, the Congress of SA Trade Unions and the United Democratic Front to the International Labour Organisation.
He was told that it would take trucks to lug all the documents to the commission hearings in Bloemfontein, Naidu added. Also, many of them probably contained privileged and protected information.
"They want us to get them tons of information within the next few days. Their request is too open-ended and unreasonable," Naidu said.
Hefer responded by calling again on all the parties to cooperate with the commission's investigation.
"I don't have unlimited powers. I can only call on all parties to provide us with the relevant information," the judge said.
He granted Yunis Shaik's request that the commission support him and his clients if they should apply for clearance to view top-secret documents.
Shaik also asked that the commission pay his clients' transport and accommodation costs for attending all its hearings in Bloemfontein.
Hefer said it was not within his powers to rule on that.
- SAPA