Issued by: Truth and Reconciliation Commission
December 8, 1996
STATEMENT BY ARCHBISHOP DESMOND TUTU, CHAIRPERSON, TRUTH AND RECONCILIATION COMMISSION
If General Magnus Malan is correctly reported in today's Rapport, he has fundamental misunderstandings about the law which established the Truth and Reconciliation Commission and he is giving dangerously misleading advice to those who served under him.
General Malan has reportedly said to those who are uncertain about where they stand that it is not necessary to apply for amnesty.
My advice is: If you are uncertain about whether or not your actions could lead to a prosecution, or a civil action for damages, the safest course is to apply for amnesty. You have nothing to lose: the details of your amnesty application cannot be used against you in a court of law.
If correctly quoted, General Malan is wrong in the following respects: - He suggests that people can be charged before the TRC. That is not the case: people come before the Commission to seek amnesty, not to be punished. - He suggests that cross-examination of witnesses in a court serves former SADF members' interests better than TRC proceedings. But the Amnesty Committee's proceedings are not based on witnesses giving evidence against an applicant; they are based on applicants voluntarily telling the Committee the truth about what they did. - He says you can get amnesty only if you say you are sorry. There is no such requirement in the law and that is not the case.
General Malan also says he takes political responsibility for cross-border raids and individuals do not have to apply for amnesty. But the amnesty provisions of the law do not allow for the concept of collective responsibility.
Former SADF members who are vulnerable to prosecution or civil actions are being badly advised by General Malan. If they follow his advice and do not take advantage of the opportunity offered by the Commission, they may be charged by Attorneys-General or sued by victims.
Inquiries: John Allen, 082- 452-7859