TRC Final Report

Volume 6

Section 3

Chapter 2

Subsection 4

‘Declaration of Responsibility’

29. In line with the ANC’s position that its leadership accepted full political and moral responsibility for the actions of its members, large numbers of National Executive Committee (NEC)^{1 1 5} members and those involved in ANC hierarchies submitted collective amnesty applications to the Commission. These were framed in a general ANC ‘Declaration of Responsibility’. The declaration reads as follows:

We, the applicants, having at various times between 1 March 1960 and 10 May 1994, as indicated below been members and leaders of the African National Congress (hereinafter referred to as the ANC), elected and/or appointed to serve in various structures including its highest organ, the National Executive Committee, do hereby make the following declaration:

During the said period, the ANC played the foremost role in the leadership of the struggle of the masses of our people for the end of the hateful system of apartheid, appropriately dubbed a crime against humanity by the international community.

In the course of our people’s struggle, with the intent to induce the apartheid government of the National Party to abandon apartheid with its concomitant violent repression, and with the intent to achieve, bring about and promote fundamental political, social and economic changes in the Republic, the ANC, inter alia, established its military wing, Umkhonto we Sizwe, through which it prosecuted an armed struggle.

At all material times, Umkhonto we Sizwe operated under the political authority, direction and leadership of the ANC.

Due to its peculiar circumstances, and the attacks mounted upon it by its adversary, the apartheid government, the ANC established various organs at various times such as the RC, PMC and a security organ NAT which at all material times also operated under its authority, direction and leadership.¹¹⁶ Due to the circumstances which prevailed in the townships, in the early 1990s as a result of third force activities, the leadership of the ANC established and, in some instances encouraged the establishment of self-defence units (SDUs), which played a critical role in the defence of defenceless communities.

In the event, and to the extent that any of the activities of any of the above-mentioned institutions and structures including the SDUs could in any manner whatsoever be regarded as the kinds of acts or omissions or offences envisaged in the Promotion of National Unity and Reconciliation Act, we collectively take full responsibility therefore applying for amnesty in respect thereof.. [AM5780/97.]

30. The ‘Declaration’ applicants did not specify particular acts but attempted to take collective responsibility for actions that may have resulted in gross human rights violations either by the ANC’s military operatives or by the SDUs.

31. Although initially granted amnesty by the Amnesty Committee, these amnesties w e re subsequently overturned in the Supreme Court. The applications were considered again by the Amnesty Committee and were refused. The Committee found that the applications did not comply with the requirements of the Act as they did not specify particular acts, omissions or offences.