Legal representative for Brig Jan du Preez and Maj-Gen Nicolaas van Rensburg, Adv Louis Visser, said the crux of the matter was that people had rights and there could be statutory infringement of these rights.
Du Preez and van Rensburg have asked for an order to stop the Truth and Reconciliation Commission hearing evidence which puts them in a bad light until they have had a chance to study the allegations against them and draw up a reply.
"If a man is going to be accused of gross violations of human rights, notice should be given," Visser said.
This notice should include what the evidence entails so as to allow that person to take legal advice.
Some people might be innocent, Visser said.
"Traumatised people must be allowed to speak, but rights must be countered against the rights of others," Visser said, adding the applicants were entitled to the rights they sought.
Judge Edwin King said: "You ask for sufficient time and adequate notice of when evidence, which could implicate your client, will be heard so as to be present with their legal representatives?"
Visser: "Someone must be there to challenge the evidence. If that's refused a grave injustice could result."
Adv Mohamed Albertus, for the commission, earlier asked for an order to compel the commission to furnish the two men with a copy of the statement implicating them, but said the court should not stop the commission's hearings.
Albertus conceded that the notice given the applicants was insufficient and that they were entitled to make representation and be afforded the opportunity to reply to allegations against them.
Albertus said the applicants had to say what rights they were seeking to exercise. "We are going to land up in this court again. We must be realistic and try to understand what lies ahead. What are they entitled to at this point in time?"
Judge King: "They are not in a position to know what legal steps are open to them. They want to know what's being said about them."
Proceedings were adjourned for lunch.