Issued by: Truth and Reconciliation Commission
August 16, 1996
STATEMENT BY ARCHBISHOP DESMOND TUTU AND DR ALEX BORAINE
The Truth and Reconciliation Commission will arrange to have the amnesty applications of Dirk Coetzee, Almond Nofomela and David Tshikalanga heard and decided upon before any possible criminal trial.
The Human Rights Violations Committee of the Commission resolved on July 30 to consult with the Amnesty Committee on the possibility of asking the court which is due to try the three men to suspend proceedings pending the consideration and disposal of their amnesty application. A full meeting of the Commission, held in Johannesburg yesterday, approved the proposal. (Section 19 (6) of the Promotion of National Unity and Reconciliation Act gives the Amnesty Committee the right to request a suspension, in consultation with the relevant Attorney-General, when applicants are charged for acts or omissions which are the subject of their amnesty applications.)
However, now that the trial of the three men has been postponed until early December, another possibility is to arrange for their amnesty applications to be heard before the next court appearance. Among matters which have to be resolved before the Amnesty Committee can act are technical difficulties with the applications.
The Commission understands that a number of other important amnesty applications, from police officers connected to Vlakplaas, are being prepared for the Commission. It has taken note of the fact that other perpetrators of human rights violations, from a range of backgrounds, may also ask for trials to be suspended pending the hearing of their amnesty applications. It is willing to give consideration to expediting hearings of these applications as well, but will handle them on a case-by-case basis.
Although the Commission has taken seriously into consideration the views of those who want perpetrators of human rights violations prosecuted, it believes early amnesty hearings can save unnecessary trials and encourage perpetrators to come forward and reveal the truth about the past. Victims of violations are entitled to attend and give evidence at amnesty hearings.
Inquiries: John Allen 082- 452-7859