FRIDAY, 2.00PM
CAPE Judge President Gerald Friedman on Friday urged the National Party and the Truth and Reconciliation Commission to seek an out of court settlement in the interests of national reconciliation.
He was speaking at the start of an NP court application to dismiss TRC deputy chairman Alex Boraine and declare that commission chairman Archbishop Desmond Tutu had acted in a manner unbecoming to his office. The application is a sequel to a media conference in May at which Boraine and Tutu criticised NP leader FW de Klerk’s claims that he had no personal knowledge of apartheid-era gross human rights abuses.
Friedman’s request came after counsel representing the TRC, Jeremy Gauntlett, read out a statement on behalf of his client in open court, seeking to “reach out to the NP to serve a cause greater than either body”. Friedman, who was hearing the application with Mr Justice JJ Fagan, welcomed the TRC statement.
“If this matter goes as far as a judgement, one party will technically be the winner and the other the loser, but I believe both parties will be the loser and worse still the country will be the main loser,” said Friedman. He noted that the work of the commission is almost complete and it would be very unfortunate at this stage if proceedings were jeopardised by the friction of the kind that had arisen. “If it is possible for the parties to find common ground … it will go a long way toward achieving reconciliation.”
Friedman adjourned proceedings to give the parties a chance to settle. Counsel for both parties are expected to report back to the judge president in chambers later on Friday.