ANC members who were part of township self- defence units have joined the call for an extension of the cut-off date for amnesty, writes Eddie Koch
HUNDREDS of former militiamen – members of ANC-aligned self-defence units (SDUs) as well as Inkatha’s self-protection units (SPUs) who once fought each other in pitched battles on the East Rand – have banded together to back demands that the cut-off date for receiving amnesty from the truth commission be extended.
There are signs that Cabinet will meet in the next few weeks to discuss the burgeoning controversy around the issue – and the joint SPU/SDU move is bound to increase pressure on President Nelson Mandela and the Cabinet to consider changing the amnesty law.
This is the first time that a substantial constituency from both ANC- and IFP-aligned militias has thrown its weight behind a call backed by the Freedom Front, the Pan Africanist Congress and the truth commission itself.
Officials from Simunye – an organisation promoting co-operation among members of the paramilitary units who were once arch enemies in townships east of Johannesburg (Katorus, Katlehong, Thokoza and Vosloorus) – this week told the Mail & Guardian that members of their rank-and-file were disgruntled because the current cut-off date prevented its members from applying for amnesty.
Mandela and Justice Minister Dullah Omar have responded to requests mainly from right-wing organisations whose members carried out bomb attacks on civilians before the 1994 elections by saying they do not favour extending the date. They will now have to consider requests from the other end of the political spectrum.
Truth commission legislation allows people who committed politically motivated crimes before the middle of December 1993 to apply for amnesty from the truth body, thus excluding people who participated in political violence during the immediate run- up to the elections.
Former SPU commander Wiseman Ndebele, now secretary for Simunye, said his members were unhappy because it appears they do not qualify for amnesty even though their violent street battles around election time were politically motivated.
“The amnesty date has to be extended because it affects us severely,” added Thabo Kwaza, former SDU commander and an organiser for Simunye. “If this is not agreed it may well cause a distrust of the truth commission in our ranks.”
He noted that many SDU members were afraid that without amnesty they could be prosecuted for violent acts committed during the civil war fought between the rival militias in Thokoza and surrounding townships.
More than 2 000 people were killed in this area during a two-year period before the election. Simunye members, who asked not to be named, said militia fighters would be tempted to join renegade units that still run crime rings in the townships if they are not given the opportunity to obtain amnesty.
“If we do not get the chance to apply for amnesty, it will add to a feeling that there is no protection whatsoever for people who want to come forward and tell the truth about what they did,” said Kwaza.
Members said the organisation’s members were also concerned about the efficiency of the commission’s witness protection programme.
“A [human rights violation committee] hearing of the truth commission will be held in Thokoza soon. But this is still a place of conflict and there are no-go zones. It may happen that someone gives public evidence to the commission and then something happens to that person. We need to be sure that witnesses and their families will be protected,” said a former commander.
Patrick Kelly, regional manager for the Gauteng office of the truth commission, said it was likely the issue of extending the cut-off date would be discussed by cabinet in the next few weeks. “The commission has applied for the cut-off date as well as the deadline [December this year] for submission of amnesty applications to be extended.”
Kelly added that public hearings of the human rights violation committee in Thokoza, due to have been held in early December, had been postponed to January next year because the organisation wanted time to ensure that the hearing in this “important political flashpoint” was properly organised.
He said the commission had a limited witness protection programme and worked closely with the police during commission hearings. There had been no serious attacks on people who gave evidence to the commission during other public hearings at flashpoint venues – but the organisation could not provide cast-iron guarantees that this would not happen.
Duma Nkosi, ANC parliamentarian from Thokoza, said his organisation is standing firm on the date because it did not want to create the impression that people could carry out violent acts and then push for the amnesty rules to accommodate them.
He said it was important to balance community sentiments in the Katorus area against wider national interests, including the fact that extending the cut-off date would allow the killers of communist party leader Chris Hani to apply for amnesty.
“But the ANC branch in Katorus will discuss the issue and if it emerges that there is support from significant sections of these communities for this date to be changed then we will take it up with the national leadership,” he said.
Thabani Dlamini, member of the provincial council of the IFP in Gauteng, said his organisation would give “full support” to Simunye’s requests. If these were heeded, it would encourage Inkatha members to appear at various truth commission hearings, he added.