Retired military generals and top African National Congress figures recently reached agreement on a form of extended amnesty, former SA Defence Force chief General Jannie Geldenhuys said on Sunday.
They submitted proposals in this regard to the government a few months ago, he told Sapa in Pretoria.
The recommendations resulted from talks that started about four years ago. A forum comprising senior ANC members and five former SADF chiefs conducted the deliberations.
These revolved around individuals who, for whatever reason, did not have amnesty for acts committed during the armed struggle against apartheid.
Geldenhuys, who took part in the talks, said: ”We reached consensus. Our proposals provide for some form of indemnity which would be available to all parties that were involved in the armed struggle.”
Geldenhuys declined to name the ANC members who served on the forum.
President Thabo Mbeki mentioned to parliament in March 1999 — while he was still deputy president — that amnesty ideas put forward by military generals needed to be discussed.
The amnesty issue came to the fore again earlier this month after Mbeki pardoned 33 Eastern Cape prisoners, including a number of individuals who have been denied amnesty by the Truth and Reconciliation Commission.
Government representative Joel Netshitenzhe at the time explained that the move to pardon the group was not a policy decision. It was in response to representations made by the prisoners.
He added a discussion by the government was on the cards on a general amnesty for prisoners convicted of crimes that might be politically motivated.
The matter would arise when the final report of the TRC was released by June or July.
”It (general amnesty) will be part of the discussion, taking into account all kinds of matters,” Netshitenzhe said.
He said many individuals never applied for amnesty from the TRC, including people who were involved in political violence in KwaZulu-Natal after the amnesty cut-off date.
The Justice Ministry has since said there would be no blanket amnesty.
The amnesty recommended by the forum of generals and ANC members provided for some exclusions, Geldenhuys said on Sunday.
”It would not apply to any individual who has committed deeds for his own financial or other gain or to satisfy his own objectives or needs,” he said.
”All members of parties that were involved in the armed struggle should be equal before the law.”
Geldenhuys would not elaborate on the nature of the recommendations, which he said were submitted to the Justice Ministry.
”I am not sure what path they have followed after that, and I cannot say what the precise status of the proposals are at present.”
Justice Ministry representative Paul Setsetse said he was not aware of the matter. Presidential representative Bheki Khumalo also had no knowledge of recommendations by such a forum.
Several former SADF members, including those who were involved in cross-border operations, have opted not to seek amnesty from the TRC.
On the side of the ANC, the amnesty bid of a number of leading figures was refused by the TRC in 1999, partly because their applications did not relate to any specific act.
The group included Mbeki and his deputy Jacob Zuma.
Opposition parties at the time pointed out that the TRC ruling rendered these ANC leaders vulnerable to criminal prosecution and civil claims. – Sapa