SABC News | Sport | TV | Radio | Education | TV Licenses | Contact Us
 

TRC Final Report

Page Number (Original) 115

Paragraph Numbers 30 to 34

Volume 5

Chapter 3

Subsection 4

â–  EXTENSION OF THE COMMITTEE

30 As the deadline for the submission of applications approached, the volume of amnesty applications dramatically increased.8 It became apparent that it would be impossible to finalise all of the applications within the limited life span of the Commission unless the number of members of the Committee was increased to allow for more than one hearings panel. Therefore, section 17 of the Act was amended to provide for the appointment of a larger number of committee members.9 Following this amendment, two further members were appointed to the Committee, creating the possibility of simultaneous hearings by two hearings panels.

31 After the extension of the cut-off date of the Commission’s mandate period from 5 December 1993 to 10 May 1994, it became possible for persons involved in a whole range of matters not previously covered to apply for amnesty in respect of their conduct. This in turn led to a new influx of amnesty applications, further increasing the mounting pressure on the Committee to finalise an overwhelming workload within the limited life span of the Commission.

32 Further amendments of section 17 followed, allowing for the appointment of at first nineteen10 and finally of an unlimited number of Committee members.11 The Committee was extended to its present number of seventeen members, following these amendments.

33 Notwithstanding all these measures, it was not been possible to finalise all of the hearable amnesty applications by the time of reporting. This has resulted in the extension of the life span of the Committee beyond 30 October 1998. On this date, the rest of the Commission goes into suspension, pending finalisation of its work by the Committee. No date has presently been specified for the completion of the work of the Amnesty Committee. Provision is made for the President to determine the date for completion of amnesty work by proclamation in the Gazette.

34 It should be noted in this regard that a great deal of time is required for the preparation, actual hearing and the deciding of hearable matters. It was not possible to anticipate any of the logistic and other delays and difficulties experienced in finalising hearable matters at the time when the Commission was formed. This necessitated all of the legislative amendments to cater for the realities and practicalities of administering the amnesty process.

8 The initial deadline for submitting applications was 14 December 1996. This was subsequently extended by proclamation firstly to 10 May 1997 to coincide with the extension of the Commission mandate period to 10 May 1994. This extension was secured after the Commission intervened towards the end of 1996 pursuant to representations by some political parties, particularly the Freedom Front and the Pan Africanist Congress, and others. After the government agreed to the extension close to the deadline for submitting amnesty applications, the first extension of the deadline was proclaimed. Due to delays in enacting the constitutional amendment required to extend the mandate period, which was only done on 29 August 1997, the deadline was again extended to 30 September 1997 to allow for a further period of one month for amnesty applications after the constitutional amendment. 9 Section 1(a) of Act 18 of 1997 enacted the first amendment and provided for the number of members to be increased to no more than 13. 10 Section 1 of Act 87 of 1997. 11 Section 1 of Act 33 of 1998.
 
SABC Logo
Broadcasting for Total Citizen Empowerment
DMMA Logo
SABC © 2024
>