STATEMENT BY DR ALEX BORAINE, VICE CHAIRPERSON, TRC
February 11, 1997
The Truth and Reconciliation Commission welcomes the decision by members of the Biko family to appear before its Amnesty Committee when former police officers apply for amnesty in connection with Mr Steve Biko's death.
The law governing our work gives victims or families of victims the right to attend hearings and to testify or adduce evidence before the Amnesty Committee. There is also provision in the law for legal assistance for victims or families who qualify.
We welcome it when victims or their families use the rights they are given in the law, just as we welcome it when perpetrators come forward with the intention of disclosing the truth about the past.
Full participation in the procedures laid down in the law can only improve the quality of our decisions and of the Commission's processes; for instance, the participation of victims' families can help ensure that full disclosure of all relevant factors is made (one of the conditions which have to be met for amnesty to be granted).
Our view does not imply that we have any view on whether or not amnesty should be granted. The Amnesty Committee plays a quasi-judicial role when it hears applications, so it hears evidence and argument both from those applying for amnesty and those opposed to applications, then decides whether the application meets the requirements for amnesty laid down in the law.