TRC Final Report

Volume 1

Chapter 10

Subsection 1

Volume ONE Chapter TEN

ADMINISTRATIVE REPORTS OF THE COMMISSION’S STATUTORY COMMITTEES

Amnesty Committee

■ INTRODUCTION

1 The primary function of the Amnesty Committee was to consider applications for amnesty that were made in accordance with the provisions of the Promotion of National Unity and Reconciliation Act (the Act).

2 Initially, applicants could apply for amnesty in respect of any act, omission or offence associated with a political objective committed between 1 March 1960 and 6 December 1993. The cut-off date was later extended to 10 May 1994 by an amendment to the interim Constitution. The final date for the submission of applications was midnight 30 September 1997.

3 The total number of applications received before the deadline was 7 127.

■ CONSTITUTION AND ADMINISTRATIVE COMPONENT

Constitution of the Amnesty Committee

4 In terms of section 17 of the Act, the Amnesty Committee consisted initially of a chairperson, a vice-chairperson and three other members who were South African citizens, fit and proper persons, appropriately qualified and broadly representative of the South African community. Owing to the heavy workload, the number of additional members was twice increased in order to complete the process in the shortest possible time. On 27 June 1997, an amendment to the Act (18 of 1997) increased the number of committee members to eleven, and on 10 December 1997, a further amendment (84 of 1997) increased the number to a chairperson, a vice-chairperson and seventeen members. The full committee included six High Court judges, eight advocates and five attorneys, namely:

a Judges Hassen Mall (Chairperson), Andrew Wilson (Vice Chairperson), Selwyn Miller, Sandile Ngcobo, Bernhard Ngoepe, Ronnie Pillay.

b Advocates Francis Bosman, Chris de Jager SC, Leah Gcabashe, John Motata, Denzil Potgieter SC, Ntsiki Sandi, Jonas Sibanyoni, Sibongile Sigodi.

c Ms Sisi Khampepe, Mr Ilan Lax, Mr Wynand Malan, Mr Jake Moloi, Dr Wycliffe Tsotsi (attorneys).

Committee staff

5 From the date of its establishment in 1996, the Amnesty Department was based in the national office in Cape Town. At that time, there were two evidence leaders, two candidate attorneys (later referred to as evidence analysts), an administrative secretary, a filing clerk and a senior secretary.

6 Until the end of 1996, the Amnesty Department was managed by the chief leader of evidence, assisted by an administrative secretary. Both reported directly to the chief executive officer of the Commission.

7 At the beginning of 1997, the department’s personnel was increased through the addition of an executive secretary, five secretaries to assist committee members and professional staff, an office assistant and a filing clerk.

8 As work increased, however, the staff component was expanded. In August 1997, the first executive secretary resigned and was replaced by a person seconded from the Department of Justice. By that time, the Amnesty Department had grown substantially to include an executive secretary, a chief leader of evidence, six leaders of evidence, eight evidence analysts, an administrative secretary, an administrative co-ordinator, six administrative assistants, an amnesty victim coordinator, five senior secretaries, six logistics officers, two data administrators, two secretaries and twenty-four investigators. In addition, three international interns and nine international investigators were assisting the department.