CHAPTER 3
REVIEW OF ACTIVITIES AND MODI OPERANDI
3.1.
The Commission met for the first time at 9.30 a.m. on the 28th April,
1969, in General Piet Joubert Building, 218 Visagie Street, Pretoria,
under the Chairmanship of the duly appointed Chairman of the
Commission, the Honourable G.P.C. Kotze, B.Com. (Rand), LL.B. (Rand),
judge of the Supreme Court of South Africa (Eastern Cape Division).
All the other members were present, namely –
Mr. P.E. Rosman, B.A. (S.A.);
The Reverend G.J. Davidtsz, B.A. (U.P.), B.D. (U.P.), LL.B. (S.A.);
Professor G.A. Elliott, M.B., Ch.B. (C.T.), M.D. (C.T.), M.R.C.P. (London), F.R.C.P. (London);
Mrs. A.M.G. Maytom, S.S. St.J.;
Dr. (Mrs.) L. v. Z. Pretorius, M.A. (Stel.) Ph.D. (London);
Professor H.L. Swanepoel, B.A. (Stel.) LL.B. (Stel.), LL.D. (Stel.);
Professor I.J.J. van Rooyen, M.A. (S.A.), D.Phil. (S.A.);
3.2.
The Chairman stated that as all members had received copies of the
terms of reference of the Commission as published in Government
Gazette No. 2351 of the 11th April, 1969, and copies of Proclamation
No. 85, 1969, by the State President, the Commission was declared a
properly constituted functioning body.
3.3.
At the first meeting of the Commission it was decided that
viva voce evidence be heard at the main centres of the
Republic and, if need be also in the territory of South West Africa,
but after consultation with the Administration of that territory, the
Commission resolved not to hear evidence there.
3.4.
Representations from the firm of Attorneys, Messrs. Sloot, Broido,
Hesselson and Liknaitzky, Johannesburg, on behalf of the Church of
Scientology in South Africa (Pty.) Ltd., and also from that
organization itself concerning the Enquiry were considered and at the
second meeting of the Commission held at Pretoria on the nineteenth
day of May, 1969, Mr. T.H. van Reenen, S.C. and Mr. M.J. Mentz,
instructed by Messrs. Sloot, Broido, Hesselson and Liknaitzky,
Johannesburg, appeared on behalf of the Church of Scientology in
South Africa (Pty.) Ltd. At the opening of the third meeting of the
Commission held at Durban on the twenty-seventh day of May, 1969, Mr.
Mentz announced that henceforth he alone, instructed as aforesaid,
would appear on behalf of the said Church of Scientology in South
Africa (Pty.) Ltd. With the exception of the thirteenth day of
October, 1969, on which date Mr. V.T. Pienaar, of the firm of
Attorneys of Messrs. Sloot, Broido, Hesselson and Liknaitzky,
Johannesburg, appeared on behalf of the Church of Scientology in
South Africa (Pty.) Ltd., the valued assistance of Mr. Mentz (upon
whom the status of S.C. was conferred during November, 1969) was
available to the Commission throughout until all the evidence was
concluded and written addresses and representations were submitted to
the Commission on the 20th day of January, 1971.
3.5.
On the 27th November, 1969, the firm of Attorneys abovementioned
advised the Commission that its mandate to represent the said Church
of Scientology in South Africa (Pty.) Ltd. before the Commission had
been terminated by its client and that in future Messrs. Couzyn,
Hertzog and Korak, Attorneys of Pretoria would represent the said
Church of Scientology in South Africa (Pty.) Ltd. before the
Commission. Mr. Mentz, S.C., duly instructed by the lastmentioned
firms continued to appear on behalf of the Church of Scientology in
South Africa (Pty.) Ltd.
3.6.
Pursuant to a decision of the Commission representations were made to
the Honourable the Minister of Health for the designation of an
officer to assist the Commission in the presentation of evidence to
it. As a result of such representations arrangements were made to
place at the disposal of the Commission the services of the then
Deputy Attorney-General of the Orange Free State and the present
Attorney-General of the Eastern Cape, Mr. E.O.K. Harwood, S.C., whose
valued assistance was available to the Commission from the sixteenth
day of May, 1969, until all the evidence was concluded and addresses
and representations were submitted to the Commission on the 9th day
of December, 1970.
3.7.
The Commission caused the following press statements, dated the fifth
and twentieth days of May, 1969, to be widely published:
"PRESS STATEMENT ON:
5th May, 1969.
COMMISSION OF ENQUIRY INTO SCIENTOLOGY
According to proclamation in Government Gazette no. 2351 of the the 11th April, 1969, the above Commission has been appointed by the State President to enquire into and report on —
the aims and objects of Scientology and to determine whether the organisation as such is in a position and capable to achieve such objects;
the methods, processes, practices, techniques and principles of treatment which are applied to achieve the objects envisaged;
the nature and the amount of remuneration which is charged or received by persons who are associated with the practice of this cult;
the manner and methods by which this money is collected;
the type of behavioural deviations and illnesses to which the practitioners give attention;
the manner in which Scientology is advertised;
the possible beneficial or harmful effects of the processes;
the influencing of persons under 16 years and the legal considerations regarding the approval of parents that their children be involved; and
any other aspects concerning Scientology which the Commission may deem necessary.
At its first meeting on the 28th April, 1969, the Commission resolved to give all persons and organizations the opportunity to present evidence. For that purpose the undermentioned places will be visited by the Commission on the dates indicated.
All persons and organizations intending to present oral evidence are invited to write to the Secretary of the Commission, Private Bag 88, Pretoria and submit a resume of the evidence which will be presented under all (or any one of) the items of Terms of Reference of the Commission, which should reach the Secretary not later than the date shown opposite each place.
Evidence will be heard in Committee.
| Place | Date of visit | Last date on which Resume should reach the Secretary |
|---|---|---|
| Durban | 27, 28 and 29 May, 1969 | 14th May, 1969 |
| Johannesburg | 9, 10 and 11 June, 1969 | 24th May, 1969 |
| Cape Town | 17, 18 and 19th June, 1969 | 2nd June, 1969 |
| Port Elizabeth | 29, 30 and 31 July, 1969 | 21st June, 1969 |
| East London | 9th September, 1969 | 16th August, 1969 |
| Bloemfontein | 16th September, 1969 | 23rd August, 1969 |
| Kimberley | 17th September, 1969 | 23rd August, 1969 |
| Pretoria | 6, 7, 8 and 9 October, 1969 | 20th September, 1969" |
"PRESS STATEMENT ON:
20TH May, 1969
COMMISSION OF ENQUIRY INTO SCIENTOLOGY.
At a meeting held on the 19th May, 1969, the Commission of Enquiry into Scientology decided that it will receive evidence by means of Memoranda, letters and verbal evidence.
All evidence heard by the Commission will be heard in public except where the Chairman otherwise decides in terms of Section 4 of the Commissions Act No. 8 of 1947.
The reasonable request of persons who express the wish to testify in camera and who desire their identity not to be disclosed will be fully respected by the Commission in suitable cases.
Where necessary the Commission will fully protect witnesses who fear victimisation of any kind.
All persons or bodies who so desire will be allowed to be legally represented before the Commission.
Mr. E.O.K. Harwood S.C. has been designated to assist the Commission in the presentation of evidence and should be approached through the Secretary of the Commission at Private Bag 88, Pretoria, by all persons and bodies desirous of presenting information to the Commission."
3.8.
Apart from the invitation to present evidence as indicated in the
above Press Statements, the following bodies were approached to
present evidence to the Commission:
The South African Medical and Dental Council.
The South African Medical Association, particularly the Psychiatric Group.
The South African Psychological Association.
"Die Nederduitse Gereformeerde Kerk".
"Die Gereformeerde Kerk in Suid-Afrika".
"Die Nederduitsch Hervormde Kerk van Afrika".
"Die Apostoliese Geloofsending van Suid-Afrika".
The Methodist Church of South Africa.
The Church of the Province of South Africa. (Anglican).
The Roman Catholic Church.
The Presbyterian Church of Southern Africa.
3.9.
All the bodies mentioned in the preceding paragraph, except "Die
Apostoliese Geloofsending van Suid-Afrika" and the Presbyterian
Church of Southern Africa responded by submitting memoranda. In
addition the following bodies presented viva voce evidence
through duly authorised representatives:
The South African Medical Association — Psychiatric Group.
The South African Psychological Association.
"Die Nederduitsch Hervormde Kerk van Afrika".
"Die Nederduitse Gereformeerde Kerk".
3.10.
Hearings for the purpose of receiving oral evidence were arranged and
thereafter held at the undermentioned places on the dates indicated:
| Place | Dates |
|---|---|
| Pretoria | 19.5.1969; 6 – 9.10.1969; 14 – 16.10.1969; 8 – 9.12.1969; 27.4.1970 – 6.5.1970; 11 – 13.5.1970; 29.5.1970 – 4.6.1970 |
| Durban | 27 – 29.5.1969; 20 – 22.10.1969 |
| Johannesburg | 9 – 11.6.1969; 13 – 17.10.1969 |
| Cape Town | 17 – 19.6.1969; 10 – 14.11.1969; 16.2.1970 |
| Port Elizabeth | 29 – 30.7.1969; 2.12.1970 |
| Grahamstown | 1.8.1969 |
| East London | 9 – 10.9.1969 |
| Bloemfontein | 16 – 17.9.1969 |
As no evidence was tendered from persons living at or near Kimberley, the Commission did not meet at that centre.
3.11.
It was found necessary to delegate specified aspects of the terms of
reference, including the study of specific publications, to
individual members of the Commission for preferential attention. In
due course the entire Commission considered and approved the final
form of the individual suggestions and recommendations made by the
members to whom specific tasks were delegated.
3.12.
A verbatim record of oral evidence was kept by making use of a
professional stenograph service. The service was also used when
evidence was discussed by members, proposals considered and decisions
and resolutions taken in connection with the preparation of the
Report. This service contributed much in facilitating and expediting
the task of the Commission.
3.13.
Save as set out in paragraph 3.14 and on occasions when five
witnesses testified after all persons other than the members of the
Commission, the various legal representatives, the Secretary and
recording staff were excluded, all the sittings of the commission for
the purpose of receiving oral evidence were open to the public and
all the evidence and addresses were heard in public. Final
submissions by Mr. Harwood and Mr. Mentz were submitted in writing.
3.14.
Apart from the hearings set out above the Commission in the presence
of its Secretary, and where required also the recording staff,
further met for the purpose of deliberating in respect of its terms
of reference.
3.15.
The following are particulars of the meetings held by the Commission:
| Place | Number of meetings |
Number of sitting days |
|---|---|---|
| Pretoria | 11 | 38 |
| Durban | 2 | 6 |
| Johannesburg | 2 | 7 |
| Cape Town | 4 | 9 |
| Port Elizabeth (including Grahamstown) |
2 | 5 |
| East London | 1 | 2 |
| Bloemfontein | 1 | 2 |
3.16.
As is to be expected in the case of a Commission as large as the
present one, every member of the Commission could not attend at each
of the many meetings which were held. However, the attendance at
meetings was in the main regular. On the occasion when individual
members were absent this was due either to ill health or to
circumstances beyond the control of the members in question. It is
recorded that the wholehearted co-operation of the Judge President of
the Eastern Cape Division of the Supreme Court made it possible for
the Chairman to be present and to preside at every meeting of the
Commission.
3.17.
The press was allowed access to all public sessions of the
Commission. No restriction was placed on the right of the press to
report proceedings at the public sessions. In certain exceptional
cases the Chairman of the Commission requested the press not to
publish the names of certain witnesses or persons. The Commission
desires to place on record its appreciation of the manner in which
the press co-operated with it at all times.