General cites act to stay silent

The testimony of former Surgeon-General Lieutenant-General Daniel Knobel got off to a dramatic start at the unethical conduct hearing of the head of apartheid era biological and chemical warfare, Wouter Basson.

Knobel, who was called to testify in Basson's defence, told the Health Professions' Council of SA's professional conduct committee that he had consulted the South African National Defence Force's legal services, as well as the state attorney, and that he was advised that section 104(7) of the Defence Act 42 of 2002 provides that no person shall without authority disclose classified information.

"If such disclosure is made, it is an offence. I have not been authorised to disclose any classified information. I may not lawfully disclose it . Please read my evidence in the light of the limitations imposed by these acts," he said.

This did not go down well with the prosecution's Salie Joubert SC, who had indicated that he would cross-examine Knobel about his meeting with former president Nelson Mandela at which the fears of the Americans and the British about the lack of control on the activities of Basson after he was put on early pension in March 1993,were discussed

Joubert had earlier put it to Basson that he was reappointed as head of cardiology at 1Military Hospital in Pretoria so that he could be controlled because he was giving information to Libyans.

A visibly frustrated Joubert said he was "taken aback" when Knobel read the statement, lamenting that he was not provided with a copy.

The committee, chaired by Jannie Hugo, ruled that the matter should continue but Joubert said that Knobel had disqualified himself as a witness and that they were in a predicament having limited cross-examination of "a witness who was factually involved".

But the defence's Jaap Cilliers SC said Knobel sought legal advice as he was worried about Joubert's intention to cross-examine him on the meeting with Mandela, and the American and British ambassadors.

Knobel testified that in the 1980s the country was on the brink of a civil war and as a result of a real and potential deadly threat, Basson was approached by the chief of the defence force and surgeon-general for the development of a defence chemical and biological capability.

He also said Basson was remarkably able to penetrate laboratories around the world and sourced vital information for South Africa.