COMMISSION OF INQUIRY INTO CRICKET MATCH FIXING AND RELATED MATTERS
HELD ON: 12-06-2000
AT THE CENTRE OF THE BOOK
ON RESUMPTION AT 10H04 ON MONDAY 12 JUNE 2000
COMMISSIONER: Right, good morning. First of all let me apologise for the late start, there were certain matters of housekeeping that needed to be attended to.
I understand from Ms Batohi that the first two witnesses to be called today, namely Mr van Staden of the Reserve Bank and Dr Bacher of the United Cricket Board, neither of them has any objection to testifying before the TV cameras and the audio wire service, and consistent with my previous ruling, I have authorised those two media to be present to hear and record the testimony of both Mr van Staden and Dr Bacher. That doesn't extend, of course, to flashing cameras. Ms Batohi?
MS BATOHI: Thank you Mr Commissioner, the first witness will be Charles Robert van Staden.
MR BOTHA: Mr Commissioner, my name is Botha, my initials are D.H. from the firm Rooth & Wessels, Pretoria. I act for the South African Reserve Bank, the Exchange Control Department of the South African Reserve Bank which is here today, represented by Mr van Staden. Thank you Mr Commissioner.
COMMISSIONER: Thank you Mr Botha, you are welcome.
MS BATOHI: Thank you Mr Commissioner. Mr van Staden, is it correct that you have prepared a statement for the Commission?
MR VAN STADEN: That is correct Mr Commissioner.
MS BATOHI: I beg your pardon, Mr Commissioner, he hasn't been sworn in.
CHARLES ROBERT VAN STADEN: (sworn states)
COMMISSIONER: Thank you.
EXAMINATION BY MS BATOHI: Thank you Mr Commissioner. Mr van Staden, is it correct that you have prepared a statement for the purposes of the Commission?
MR VAN STADEN: That is correct.
MS BATOHI: I am going to show you an original of that statement, can you confirm the statement?
MR VAN STADEN: That is the original.
MS BATOHI: Do you confirm the contents of that statement?
MR VAN STADEN: I do.
MS BATOHI: For the purpose of the record Mr van Staden, can you read the contents into the record?
MR VAN STADEN READS THE STATEMENT PREPARED BY HIMSELF FOR PURPOSES OF THE COMMISSION, INTO THE RECORD
MS BATOHI: Thank you Mr van Staden. Just dealing with the deposits that you have referred to in paragraphs 5 and 6 of your statement, can you explain to the Court where these deposits were made, by whom and in what currency they were made?
MR VAN STADEN: Mr Commissioner, the two amounts were in dollar notes, they were deposited by Mr Sackstein's office at First National Bank in Bloemfontein, converted and the rand amounts credited to the Trust Accounts.
MS BATOHI: You also state in paragraph 7 that you requested an explanation from Mr Sackstein's client in respect of the aforementioned foreign currency amounts, when was this request made, can you recall?
MR VAN STADEN: The request was made as far as I can recall, Mr Commissioner, soon after the deposit, so I would imagine it would be 13, 14 April.
MS BATOHI: You mention in paragraph 7 - "I have not yet received a formal explanation", does that mean perhaps you have received some of informal explanation or not?
MR VAN STADEN: It is correct, Mr Commissioner, that I have not received a formal explanation. I have however been advised by Mr Sackstein of the existence of the two foreign bank accounts, but no further detail.
MS BATOHI: So basically what you are saying is that you have had no explanation regarding the deposits that you referred to in paragraph 5 and 6 of your statement?
MR VAN STADEN: Mr Commissioner, regarding the $10 000, no specific indication, regarding the $37 630, I have been advised by Mr Sackstein that an amount of $25 000 relate to a particular tour that did not take place, but I have not had formal advice in this regard. It was mentioned to me.
MS BATOHI: Thank you Mr Commissioner, I have no further questions.
NO FURTHER QUESTIONS BY MS BATOHI
COMMISSIONER: Thank you. Mr Fitzgerald?
MR FITZGERALD: I have no questions, Mr Commissioner.
NO CROSS-EXAMINATION BY MR FITZGERALD
COMMISSIONER: Mr Gauntlett?
CROSS-EXAMINATION BY MR GAUNTLETT: Just one question Mr Commissioner. Mr van Staden, I think you have indicated that it is two months since you have asked for the formal explanation, is there a time limit, is there an indication for the Commission when that would be forthcoming so far as the Reserve Bank is concerned?
MR VAN STADEN: Mr Commissioner, there is no time limit. Obviously taking into fact the current Commission Enquiry, we deemed it at that point in time, at the request of Mr Sackstein expedient to wait for the outcome and finalisation of this Commission before I would continue with the further progress in my request.
MR GAUNTLETT: No further questions, Mr Commissioner.
NO FURTHER QUESTIONS BY MR GAUNTLETT
COMMISSIONER: Mr Dickerson?
CROSS-EXAMINATION BY MR DICKERSON: Thank you Mr Commissioner. Mr Botha, in fact Mr Sackstein on behalf of Mr Cronje, has given an undertaking that upon the completion of the Commission the Reserve Bank will be furnished with an explanation regarding the deposits, are you aware of that?
MR VAN STADEN: That is correct Mr Commissioner.
MR DICKERSON: Thank you, I have no further questions.
NO FURTHER QUESTIONS BY MR DICKERSON
COMMISSIONER: Has any reason been given why the explanation should await the conclusion of these proceedings, Mr van Staden?
MR VAN STADEN: Mr Commissioner, purely the question of a sub-judice situation arising in the interim as far as I am aware, but I have had no personal communication with the parties concerned. I have merely acted through our Attorney, Dr Dawie Botha.
COMMISSIONER: Dr Botha, do you wish to ask any questions?
DR BOTHA: Mr Commissioner, I do not wish to add to the prolonging the proceedings here any further, thank you sir.
NO QUESTIONS BY DR BOTHA
COMMISSIONER: Thank you very much, Mr van Staden.
MR VAN STADEN: Thank you Mr Commissioner.
DR BOTHA: Mr Commissioner, may my client and I be excused please?
COMMISSIONER: Yes, thank you for your attendance.
MR BOTHA: Thank you sir.