Controversy continues to dog the proposed truth commission as the ANC and NP blame each other for delays, reports Gaye Davis
A ROW between the National Party and Justice Minister Dullah Omar over accusations that the NP was delaying truth commission legislation erupted this week. This has put paid to hopes that the bill would be tabled in Parliament before it breaks for the Easter recess next
One reason for this is that a ministerial task group appointed to thrash out contentious issues on which the committee could not agree did not report to cabinet this week as expected.
NP justice spokesman Danie Schutte, who has challenged minister Omar to a public debate over his claims that the NP was delaying progress on the bill, suggested this week the reason the matter “was not even raised” was because the ANC itself was divided on the contentious issues and “was having second thoughts”.
The issues are whether or not amnesty hearings should be in secret, the so-called Norgaard principles (where a crime is deemed political only if its nature is in proprtion to its political objective), and the cut-off date for offences qualifying for amnesty.
The NP wants secrecy provisions built into the bill but rejects the inclusion of the Norgaard principles on the basis that previous indemnities were issued without these being applied. It has argued that if the bill is to be an instrument of reconciliation it cannot be founded on double standards. The ANC’s counter argument is that its own members will have to seek indemnity on the same basis.
ANC committee members want the secrecy provisions out and the Norgaard principles retained — but weekend reports indicated the party itself is not at one on these points.
These issues, as well as whether the cut-off date for offences qualifying for amnesty be extended from December 5 1993 to May 1994, were referred by the committee to Cabinet, which appointed the task group comprising Justice Minister Omar, Constitutional Affairs Minister Roelf Meyer and General Services Minister Chris Fismer.
ANC MP Willie Hofmeyr said it was hoped the task group would report to Cabinet when it meets next Wednesday.
He said the ANC caucus wanted the cut-off date of December 5 1993 to stay, but had agreed that cabinet could decide whether it should be extended to May 1994, which would cover the right-wing’s pre-election bombing campaign, the Shell House shootings and KwaZulu/Natal
“Changing (the cut-off date) would depend on the ultra- right committing itself to peace and ending its armed struggle,” Hofmeyr said. “It would involve a constitutional amendment which would have to be initiated by Cabinet.”
He said the committee’s work had been bogged down by an NP strategy of raising one amendment after another in a “philibustering process”.
Schutte rejected this, saying his party had put its views before the committee “from day one”. He said the ANC had senior members in government who presently enjoyed temporary indemnity who could run the risk of not getting indemnity should the Norgaard principles remain in the bill. It was clear there were two camps within the ANC on the issue and the organisation “was having second thoughts”.
The justice committee started considering the bill — now in its fourth draft — in November.
Hofmeyr said: “We’re trying to finish the committee’s work by Friday and will consider the impact of any cabinet decisions next week. If the issues are resolved we can discuss them and hopefully table the bill first thing when parliament resumes.”