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GRANT, D JAge 34 Description ■ INDIVIDUAL REPARATION GRANTS 67 In acknowledgement of victim’s rights to reparation, it is recommended that final reparation involve an amount of money, called an individual reparation grant, to be made available to each victim (if he/she is alive) or equally divided amongst relatives ... ... the Commission recommended that limited financial resources be made available to facilitate such access where necessary. Individual reparation grants 11. This is an individual financial grant scheme. The Commission recommended that each victim of a gross human rights violation receive a ... ... and Madlanga. The only question raised in these appeals that affected the work of the Commission concerned the jurisdiction of the Committee to grant amnesty for offences committed by South African citizens outside the Republic. This matter was reported in Volume One5 7 of the Comission’s ... ■ RECOMMENDATIONS Reparation and rehabilitation policy 78 I believe the individual reparation grant structured as cash payment to be unwise. It does not distinguish on the basis of either the harm suffered or the needs of individuals. While the expressed or implied purpose is that victims ... ... most important of these was whether reparation should be financial and, if so, how much money should be given. 41 The alternative to a financial grant would be a ‘service package’. Offering a service package has a number of pitfalls: a The costs of administering the process might reduce ... ... denied amnesty by the Committee. This decision was widely criticised by civil society and victims, as the pardons were perceived to be a ploy to grant amnesty using the ‘presidential pardon’ process. There has been a demand fro m civil society that the President explain why he took this ... ... 3 In addition, in the context of the South African Truth and Reconciliation Commission, reparation is essential to counterbalance amnesty. The granting of amnesty denies victims the right to institute civil claims against perpetrators. The government should thus accept responsibility for ... ... services and facilities. It is recommended that limited financial resources be made available to facilitate this access. Individual Reparation Grants 26 This is an individual financial grant scheme. It is recommended that each victim of a gross human rights violation receive a financial ... ... should similarly be facilitated. Costs associated with exhumations, reburials and alternative ceremonies will be met from the individual reparation grant. Headstones and tombstones 82 In a number of cases, deponents asked for tombstones and headstones to be erected on the graves of the ... ... Noxolo Lovedelia GQOLOZA, Mlindeli GQUBELA, Velile Henry GQUBULE, Fundile Lawrence GQWETANI, Gemjikile GQWETHA, Sabelo GRADWELL, Andrew Desmond GRANT, Esther Esi GRANT, John Walter GREAVE, Khanyile Catherine GREEF, Stefanie GREGORY, Chaucer Mphiwa GREY, Fundisile GRIFFITHS, Thatela Benedict ... recommendation. Victims were sent a letter from the President and a letter from the Preside n t ’s Fund. This included the amount of the financial grant they were to receive and the name of an official in the Department of Welfare who would assist them in accessing the services recommended by ... ... and 37 others (case no 3729/98). The Commission brought an application to establish legal certainty on a decision by the Amnesty Committee to grant amnesty to thirty-seven members of the African National Congress (ANC). Before the lodging of the application, the NP applied to the High Court ... ... where they stole two R4 rifles. They fired shots at the soldiers in an attempt to kill them. Amnesty decision 88. The Committee refused to grant amnesty to the two men for the following reasons: 89. First, the NSP was not a publicly known bona fide political organisation or liberation ... ... on farms, all committed between 1990 and 1993. A total of twelve people were killed and thirteen injured in these attacks. The Amnesty Committee granted all but four of the applications. Attack on Mr RJ Fourie on the farm ‘Stormberg’ 203. PAC/APLA members Hendrik Leeuw, Daniel Magoda, ... Investigation Unit, the witness protector and security officers.5 The task of the security officers was to receive applications for protection, to grant temporary protection and to investigate the circumstances surrounding each application. The task of the witness protector was to evaluate all ... the reaction in certain quarters had Mr Botha been a member of the ANC. 39 We were told that we revealed our true colours when blanket amnesty was granted to thirty-seven ANC leaders. This accusation is understandable when it comes from those who are not familiar with the law that brought the ... ... constraints forced cancellation of the weekly summary programmes and the live coverage from 1 October 1996. However, the Commission secured a grant from the Norwegian government which enabled it to contract SABC Radio to restore these two features on a full-time basis from June 1997. An ... ... recent years.25 The most important difference between the South African Commission and others was that it was the first to be given the power to grant amnesty to individual perpetrators. No other state had combined this quasi-judicial power with the investigative tasks of a truth-seeking body. ... of such violations, their fate or present whereabouts and the nature and extent of the harm suffered by such victims; c facilitate and promote the granting of amnesty in respect of acts associated with political objectives, by receiving from persons desiring to make a full disclosure of all the ... ... Act (the Act) unconstitutional. The effect of section 20(7), read with other sections of the Act, is to permit the Amnesty Committee to grant amnesty to a perpetrator of an act associated with a political objective and committed before 6 December 1993 (later changed to 10 May 1994). A ... |