STATEMENT BY DR ALEX BORAINE, ACTING CHAIRPERSON, TRC

Issued by: Truth and Reconciliation Commission

February 2, 1998

Members of the TRC's legal department today met members of the Democratic Party at the party's request to discuss the TRC's intention to seek a declaratory order on the validity of amnesties granted to 37 ANC members.

The Democratic Party expressed concern that a declaratory order was not appropriate on the grounds that even if the court found that the process of granting amnesty was defective, such an order would not rectify the situation.

The TRC's chief legal officer, Mr Hanif Vally, told the DP that counsel were at present drawing up papers for the application. He told the DP that the TRC envisaged that such an application would include requests:

• That the High Court make a declaratory order on whether the amnesties were valid or not; and
• That should the amnesties not be valid, the court should remedy the situation by referring the matter back to another panel of the Amnesty Committee.

At the end of discussions, the DP appeared to be satisfied with our explanation of the legal basis upon which we were approaching the matter.

The TRC hopes to finalise its papers as soon as it has completed consultations with the Senior Counsel it has retained, Adv. Wim Trengove S.C.. In the meantime, it is making arrangements to expedite the service of legal papers on each of the 37 ANC members, some of whom live abroad.

Inquiries: John Allen, 082- 452-7859