REASONABLE LIMITATIONS ON THE RIGHT OF WITNESSES TO LEGAL COUNSEL DURING TRC
PUBLIC HEARINGS
WHEREAS, The objective and mandate of the TRC, as set forth in Article
IV, Sec 4 of the TRC Act of 2005, shall be to promote national peace, security,
unity and reconciliation; and
WHEREAS, Article VIII, Section 31 of the TRC Act provides: "Any person
who has been subpoenaed or called upon to appear before the Commission may
appoint a legal representative. The Commission may, in order to expedite
proceedings, place reasonable limitations with regard to the time allowed for
cross-examination of witnesses or any address to the Commission."
THE TRC HEREBY DECLARES:
1.Reasonable limitations are placed on the role of Counsel during
public hearings to preserve the integrity of witnesses and the process as a
non-judicial forum to foster healing and national reconciliation; and
2.Every person appearing before the Commission by subpoena or otherwise
may appear with counsel, provided that the role of counsel shall be restricted
to legal advice and at-hearing consultations only; and
3.Under no circumstance shall counsel question a witness directly or make
a statement to the Commission on behalf of a witness, except by permission of
the presiding officer. The Commission shall place further restrictions on
the role of counsels as far as necessary to maintain the respect of witnesses
and the integrity of the hearings as a non-judicial forum.
PUBLISHED BY AUTHORITY OF THE TRC ON THIS 31ST DAY OF MARCH, A.D. 2008
SIGNED:
Jerome J Verdier, Sr (Cllr)
CHAIRMAN, TRC
