Issued by: Office of Deputy President F W de Klerk
According to a SAPA report this afternoon, Mr Carl Niehaus, spokesman of the ANC, has said that "there was no legal provision for President Mandela to grant temporary amnesty to former defence minister Gen Magnus Malan and ten other former security force officers facing criminal indictments". He apparently added that the legislation under which temporary indemnity could be granted, "had been repealed in the last parliamentary session" and that there is therefore no legal provision for (President) Mandela to grant temporary amnesty to Malan or anybody else."
This, in fact, is not so. The legislation involved was extended by Parliament during the last session until 17 May 1996 and will remain in effect until that date or until the Truth and Reconciliation Act comes into force.
It should also be noted that Deputy President De Klerk has made it clear that he is not interceding on behalf of specific indivi- duals in one specific case only. His argument is that temporary immunity should be available in all situations where it is obvious that the case relates to matters that should be considered by the Truth and Reconciliation Commission.
The same SAPA report quotes Dr Alex Boraine - who is apparently a candidate for the Truth and Reconciliation Commission - as saying that the "Truth and Reconciliation Commission will have the power to grant or withhold amnesty, or it could decide that court cases must be completed before considering amnesty." This may create an incor- rect impression concerning the powers and role of the Commission. The Constitution clearly states that "amnesty SHALL be granted in respect of acts, omissions and offences associated with political objectives and committed in the course of the conflicts of the past."
DEPUTY PRESIDENT F W DE KLERK PRETORIA, 31 OCTOBER 1995