Minister of Justice and Constitutional Development Penuell Maduna appears to have distanced the government from the idea of a blanket amnesty for political criminals.
However, Maduna insisted South Africa had to confront the “problem” of perpetrators who had not used the Truth and Reconciliation Commission’s (TRC) amnesty mechanism.
The minister said the presentation of the TRC’s final report to President Thabo Mbeki would be followed by a parliamentary debate on the issue of a general amnesty. The Mail & Guardian understands that Human Rights Day, March 21, has been earmarked for the handover.
Last year a group of former apartheid generals, including Jannie Geldenhuys and Georg Meiring, revealed they had made amnesty proposals to the African National Congress and that these were under serious consideration. A draft discussion document was circulated in the Cabinet in the middle of last year.
TRC commissioners and the victim rights organisation Khulumani warned that any move towards general amnesty would be countered by legal action. They pointed out that, in terms of the Constitutional Court’s “Azapo judgement”, amnesty could not be given without full disclosure and reparations.
This would involve a further TRC-like process, making blanket amnesty practically impossible. It was also felt that the commission’s amnesties were a once-off deal, and that those who failed to apply for amnesty should be liable to prosecution or civil action.
However, Maduna insisted in Parliament on Monday that the government had made no decision. “We never promised any legal mechanism for amnesty. So we’re not thinking of one as yet … We have never said [that] there will have to be an amnesty mechanism.”
He insisted a further amnesty process would take forward the work of the TRC.
“We will ensure at all times that any decision on ‘amnesty’ will not undermine the integrity of the TRC. Our priority is not to quickly grant people some form of amnesty and neglect the victims,” said Maduna’s spokesperson, Paul Setsetse. “[But] the last thing we can afford is Nuremberg-type trials.”
Former justice minister Dullah Omar had expressed concern that government leaders, including Mbeki, remained vulnerable to legal action. In addition, the government is known to be concerned about the potential cost
and workload entailed in prosecuting offenders.
Amid controversy, the TRC rejected about 20 amnesty applications by ANC leaders in 1999 because they failed to stipulate the crimes for which amnesty was sought.
Those who stand to gain from a general amnesty include Azanian People’s Liberation Army fighters, 38 jailed far-rightists represented by the Freedom Front and dozens of Inkatha Freedom Party and ANC foot soldiers in KwaZulu-Natal.
At its December conference, the ANC declined to discuss a proposal from the KwaZulu-Natal delegation that amnesty should be granted in return for information on arms caches and the like.