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Cross-Examination of Dr. Lewis

ON RESUMPTION ON 21 JUNE 2000 AT 10H12

COMMISSIONER: Good morning. I am sure it's never to early for a bottle of Energade, and I'm not being paid for this advertisement, but I'll leave it till a little later.

Water makes me ill.

If we could start this morning's proceedings on a happy note. Amongst the people here this morning, and I am pleased and privileged to welcome him, is Mr Malcolm Gray from Sydney. He is presently the Vice-President of the International Cricket Council. He is the President-elect. He has done us the courtesy of a detour on his way to the United Kingdom where the International Cricket Council will shortly be holding its annual meeting. Mr Gray on behalf of all of us, welcome to you.

Now on a slightly less felicitous note. There was an article in a local newspaper last Friday which stated in terms that I had held a private meeting with Dr Lewis, the psychiatrist who has been assisting Mr Hansie Cronje. It quoted a source as having said that. It is totally untrue. If it's not the content of this little item in itself which concerns me, it's the innuendo behind it, and I would like to make it perfectly clear that I do not consult with or see in private anybody at all who has anything to do with this Commission. When something arises which necessitates consultation, as it does from time-to-time and has indeed done this morning, I call in the legal representatives of all the persons and bodies that are represented and the matter is discussed in that way. I just would like to make that clear and I hope that the media will carry that. It's important to me and I believe important to the proper conduct of this Commission that it be clearly understood that I do not have personal and private conversations with anybody concerning the business of the Commission.

In terms of the ruling of the High Court the applicant, who is the company which runs the Live Africa Network has been afforded it broadcasting and recording facilities. The order itself does not apply in the nature of things to any organisation which is not a party to the proceedings. But the television networks, both the SATV and e-tv are represented by counsel and as you will have appreciated I am agreeable to allowing the television provided the television companies are prepared to bind themselves to an observance of the court's order in the same way as it applies to Live Africa Network.

Mr Katz, may I find out from you first, who do you represent?

MR KATZ: Thank you Mr Commissioner. Yes my name is Anton Katz and I am a member of the Cape Bar and I represent, on instructions of Mr Murphy of Murphy Wallace & Slabbert Live Africa Network who were the applicants in the High Court application, as well as the South African Broadcasting Corporation, who have launched an application against yourself which is now pending before the High Court.

COMMISSIONER: Ms Ploughman.

MS PLOUGHMAN: I am also a member of the Cape Bar and I today represent e.tv, also known as Midi Television as well as the Institute of Democracy in South Africa.

COMMISSIONER: Do you also subscribe to the terms of your client do you?

MS PLOUGHMAN: Both parties subscribe to the terms of the order of he High Court.

COMMISSIONER: What is of immediate relevance is, as far as the order is concerned is this, that -

I am directed to allow the applicant to operate, that's Live Africa Network and it will also now apply to the television operators, to operate during the sittings of the Commission in such manner as is determined by myself, provided that upon good cause shown in relation to a particular person giving evidence before the Commission, I may direct that such equipment be excluded. And I in determining whether to do that I must have regard to whether there is sufficient evidence to justify that.

Now pursuant to the order, and more particularly to the wider inclusion of the television networks I have consulted with the legal representatives of all the parties who are legally represented and they have unanimously taken the view that the proceedings should continue with the presence of the television and the radio network and that is what I propose to do, bearing always in mind that I do have this residual discretion which I hope it will not be necessary for me to exercise.

MR WALLACE: Thank you Mr Commissioner. Instead of hovering like a ghost in the background of the Commission I am now physically present to represent Mr Cronje together with my learned friend Mr Dickerson.

Mr Commissioner at the outset may I place on record, on behalf of Dr Lewis, that he confirms what you said earlier, that he has not had any private meeting with you and that the report to that effect in the press was incorrect.

As conveyed to you yesterday, and with the consent of the other legal representatives we propose to interpose Dr Lewis at this stage of the proceedings of the Commission, and unless there is any other matter of logistics that needs to be attended to, may I call Dr Lewis?

COMMISSIONER: You may Mr Wallace.

Dr Lewis, you will confirm that you and I have never previously clapped eyes on each other, do you?

DR LEWIS: Yes, Mr Commissioner, that is true.

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