The truth commission says its first amnesty is imminent, but old-guard perpetrators are still reluctant to bare their souls, reports
Marion Edmunds
Pressure on Justice Minister Dullah Omar to amend the Truth and Reconciliation bill and change the rules of amnesty is growing, as dissatisfaction with the process increases among those who served the apartheid government.
And while many are deliberately shunning the amnesty limelight, human rights lawyer Brian Currin has spoken out on their behalf:
”The amnesty system is not working and the ball is in the court of the minister of justice. The first step he must take now is to ensure that all prosecutions are put on hold pending the outcome of the amnesty applications, should the accused want to apply for amnesty. Otherwise people will not come forward.”
The arrest of former security operative Dirk Coetzee has compounded the unease of many potential amnesty applicants who fear that by confessing all to the truth commission, they may be digging their own graves.
Added to that is the chilling realisation that apartheid leadership is not going to take responsibility for human rights abuses committed in the name of apartheid, as far as they can help it.
Just as the truth commission deflected criticism this week by telling the Mail & Guardian to address questions to the parliamentarians who authored the bill, so Omar deflected criticism, saying it was up to the commission to suggest changes to the legislation and the rules if it felt the amnesty process was snarling up. No such proposals, according to Omar, have been received by his department.
”I do not understand what responsibility the TRC cannot take. Any suggestion or proposal or recommendation emanating from the TRC will be considered,” Omar said.
Sources within the African National Congress Justice committee indicate that there are informal discussions on a possible amendment, but it would be up to Omar to initiate such changes.
But even if Omar deflects the media this week, he will shortly have to face a troubled Freedom Front leader, General Constand Viljoen.
”I personally feel the whole idea of amnesty needs to be re-examined even if this means disregarding the legislation,” Viljoen said. ”Look what happened to Coetzee. There is a major problem of the credibility of the system. The amnesty system is about reconciliation and we are fumbling with it, putting reconciliation at risk,” Viljoen said.
In sharp contrast to Viljoen’s pro-active stand is National Party leader FW de Klerk’s apathy towards the amnesty question. During last week’s party submission, he hinted to the commission that more information from apartheid offenders could be forthcoming if the terms of amnesty were broadened. However, this week his spokesman said he would not respond to any media questions, and was awaiting a response from the commission to his comments at the political party hearings.
The truth commission says the granting of the first amnesty is imminent. Currin believes the politicians are at fault for not encouraging people to apply for amnesty and for designing the amnesty system badly, and says the commission is at fault for not following through on promises for legal representation for applicants, and for not sorting out administrative problems.
He claims incompleted or incomprehensible applications from prisoners are currently holding up the amnesty committee’s proceedings. He suggested the commission send legal advisers with their forms, or commission staff.
Currin also said no money had been forthcoming from the Legal Aid Board for legal representation for amnesty applicants, as promised by Omar.