AC/99/0132

TRUTH AND RECONCILIATION COMMISSION

AMNESTY COMMITTEE

APPLICATION IN TERMS OF SECTION 18 OF THE PROMOTION OF NATIONAL UNITY AND RECONCILIATION ACT, NO.34 OF 1995.

MAX VUYISILE SISULU APPLICANT

(AM 6249/97)

DECISION

On the 9th of May 1997 the Truth and Reconciliation Desk of the ANC submitted a number of applications for Amnesty to the Amnesty Committee, requesting the Committee to consider them jointly.

A declaration (herein-after referred to as "the Declaration") was submitted in support of the Applications and the Declaration in turn formed the basis of the applications.

The Declaration made it clear that the applicants were members and leaders of the ANC who collectively took responsibility for policy decisions that led to cadres committing human rights violations. In further exchange of communications it was made clear that none of the Applicants had been involved in any individual action for which they would be required to seek amnesty.

The committee found that whereas an act, omission or offence must be the subject matter of an application and in this instance no such act, omission or offence had been disclosed, the applications did not comply with the requirements of the Act.

The Amnesty Committee further received a large number of applications that relied on the Declaration and of which Declaration forms the basis, but which applications the Amnesty Committee considered individually. All of these were from members and leaders of the ANC who similarly accepted collective responsibility but did not disclose a specific act, omission or offence, of which this present application is one.

Having so considered the application of the above-named applicant the Committee finds that the application similarly does not comply with the requirements of the Act and therefore FAILS.

SIGNED ON THE 31ST DAY OF MARCH 1999.