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the rollback of south africa's biological warfare program

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public hearings and issued an application to have section 33 (c) invoked, which<br />

would require that <strong>the</strong> hearing be held behind closed doors. Thabo Mbeki’s<br />

legal adviser and Abdul Minty, Chairperson <strong>of</strong> <strong>the</strong> Council for <strong>the</strong> Non-<br />

Proliferation <strong>of</strong> Weapons <strong>of</strong> Mass Destruction, formally presented <strong>the</strong> request<br />

for a closed hearing. 191 After extensive discussions, <strong>the</strong> TRC went ahead with<br />

open hearings with <strong>the</strong> understanding that a government representative would<br />

monitor <strong>the</strong> proceedings to ensure that no proliferation or diplomatically<br />

embarrassing information was released. This agreement meant that <strong>the</strong><br />

hearings were bogged down with legal motions and delays from <strong>the</strong> first day.<br />

On <strong>the</strong> first day <strong>of</strong> <strong>the</strong> hearing Dr. Knobel, accompanied by his lawyer,<br />

passed out several documents marked “top secret” to <strong>the</strong> media. These<br />

documents were subsequently recalled on <strong>the</strong> ground that <strong>the</strong>y had not yet<br />

been cleared through <strong>the</strong> proper declassification channels. Months later, an<br />

unlucky Swiss journalist was detained at <strong>the</strong> South African airport and thrown<br />

in jail overnight when he was found leaving <strong>the</strong> country with classified<br />

documents from <strong>the</strong> first days <strong>of</strong> <strong>the</strong> TRC hearings. Dr. Folb, TRC senior<br />

expert technical adviser, was no longer allowed access to <strong>the</strong>se materials,<br />

including his own memos, written for <strong>the</strong> TRC. 192<br />

Legal wrangling delayed Basson’s appearance before <strong>the</strong> TRC until <strong>the</strong><br />

last day <strong>of</strong> <strong>the</strong> hearings. However, scientists in charge <strong>of</strong> Project Coast projects<br />

did appear. Basson only testified after he was declared in contempt <strong>of</strong> a TRC<br />

citation and his lawyers had exhausted a lengthy appeals process. His Supreme<br />

Court application that he not be forced to testify before <strong>the</strong> TRC, due to his<br />

constitutional right not to incriminate himself, was turned down on 27 July<br />

1998. The TRC’s final closing date for non-amnesty hearings was 31 July, and<br />

legal wrangling meant that Basson did not take <strong>the</strong> stand until <strong>the</strong> last day. He<br />

did not reveal any new information and sidestepped most questions. The<br />

hearings ended with many questions unanswered.<br />

Although Basson used legal delaying tactics, <strong>the</strong> threat <strong>of</strong> criminal<br />

74

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