TRC Final Report

Volume 6

Section 1

Chapter 2

Subsection 3

THE AMNESTY PROCESS

24. The purpose of this section is to give an account of how amnesty applications were processed before they were ready for decision by the Committee. The p rocess was far from flawless. Indeed, as has already been pointed out, a complete reassessment and the implementation of new and improved systems became necessary during 1997.

25. It should be emphasised from the outset that the amnesty process was unique. There were no historical or legal precedents on which to draw. The Act was silent on procedures, and the Committee had to find its own way. The end product was the culmination of various ideas and proposals and the result of mechanisms that developed as the process evolved.

26. The Commission came into operation on 15 December 1995 and the first application for amnesty was submitted on 1 January 1996. The Committee, which was based in Cape Town, met for the first time in February 1996. It became operational during April 1996 and held its first hearing on 20 May 1996. By the end of April 1996, a total of 197 applications had been received. At this time, five Committee members and four staff members were dealing with the applications. By 30 September 1997, in excess of 7000 applications had been received and were being dealt with by a maximum of nineteen Committee members and ninety-four staff members.

Receipt and processing of application forms

27. A standard application form for amnesty was developed and distributed for completion by prospective applicants. The form was translated into all eleven official languages of South Africa and was made available at all the offices of the Commission, offices of the Department of Justice and prisons. Upon completion, these forms were handed in at either the head office of the Commission or at one of its three regional offices for forwarding to the head offic e .

28. Applicants were required to provide the following information and particulars:

a personal details;

b political or other affiliation, or employment by the state;

c particulars regarding the act, omission or offence for which amnesty was sought;

d particulars regarrding victims;

e particulars regarding the political objective that was being pursued in committing the act, the omission or offence for which amnesty was sought;

f whether any benefits had accrued as a result of the act, omission or offence;

g particulars as to whether the act was committed in execution of an order or with implied or express authority; and

h particulars regarding prosecutions and civil proceedings .

29. On receipt, each application was registered and allocated a unique registration number. The Committee decided that all applications for amnesty had to be regis t e red, whether or not they were submitted on the prescribed form.^{2 1} T h e rationale behind this decision was to avoid penalising any person who had shown a clear intention to apply for amnesty. The correct application form was then sent to the person concerned with a request that she or he complete it and return it to the Committee. It was also made very clear that, unless an application was properly completed and submitted in terms of the Act, the Committee could not consider it. Some of the applications received and re gist e red as amnesty applications were later found to be applications for reparation or statements on human rights violations, and had to be deregistered and referred to the appropriate section of the Commission.

Capturing information

30. All applications received were electronically re g i s t e red on the Commission’s database. In addition, all information initially contained in the application was elect ronically captured. As the process progressed, all relevant information pertaining to a specific application, including information on hearings, victims and decisions, was added. This process proved invaluable for the purposes of research and cross - referencing. The resultant database will form an integral part of the history concerning the past political conflict.

Safekeeping and administration of application forms

31. Once registered, copies were made of all applications, and the originals were placed in fireproof strong rooms for safekeeping and in order to secure their confidentiality. The copies were used as working documents when applications were being prepared for consideration.

32. The administrative component of the Committee was the nucleus that managed the movement of the applications, and thus played a central role in the amnesty process. A staff component of eight officials, under the direct supervision of the executive secretery, was responsible for the safekeeping and administration of the application forms. All information, correspondence and documents relating to applications were channelled to this section, which was responsible for filing a n d subsequent distribution to the staff responsible for preparing the applications. Audits were conducted on a regular basis to ensure that all applications were accounted for.

33. An application was finalised only once the Committee took a decision on it. It was then put on file and prepared for archiving.

Workshops

34. The Committee held several workshops during its existence, with the aim of streamlining the process and ensuring the proper execution of its mandate. The first workshop for evidence leaders and investigative personnel was held in October 1996. This was followed by workshops in September and November 1997, April 1998 and March 1999. Workshops were also held for administrative and logistical staff. Regular meetings to discuss and evaluate the amnesty process were held with all the sections in the Department.

35. These workshops proved an invaluable way of training staff and making them part of the process. Participation by Committee members went a long way towards communicating their expertise to staff and proved invaluable in setting up channels of communication. During these workshops, everyone had the opportunity to air their views and work together to identify problem areas and seek solutions.