Issued by: Truth and Reconciliation Commission
The Truth and Reconciliation Commission's Amnesty Committee has declared invalid nearly 130 amnesty applications from applicants claiming to be members of the Pan Africanist Congress after they have been found to be incomplete.
The applications concerned provide only the code names and political affiliations of applicants. No real names or specifics of acts in respect of which amnesty is sought are given. Nor is there enough information to enable the Committee to establish further particulars without help from the party.
In terms of the law governing the granting of amnesty, the paucity of detail means their applications cannot be considered by the committee.
Attempts by the TRC to ask the PAC to provide the Amnesty Committee with further details regarding these applications have been unsuccessful. However, only three applicants came forward to provide the Committee with further details after learning about the matter from the media. The Amnesty Committee is in the process of verifying those details.
The full text of the Amnesty Committee decision follows;
Inquiries Vuyani Green 021 245 161
AMNESTY IN TERMS OF SECTION 18
Issued by: Truth and Reconciliation Commission
APPLICATIONS FOR AMNESTY IN TERMS OF SECTION 18 OF THE PROMOTION OF NATIONAL UNITY AND RECONCILIATION ACT NO. 34 OF 1995
DECISION --
The Amnesty Committee has considered the amnesty applications contained in the schedule hereto and decides as follows.
Section 18(1) of the Promotion of National Unity and Reconciliation Act, No. 34 of 1995, provides that any person who wishes to apply for amnesty shall submit such an application to the Commission in the prescribed form. Information that must be included in the prescribed amnesty application, inter alia, is-
(a) Full names and Surname of applicant;
(b) Address;
(c) Identity/Passportnumber;
(d) Political Affiliation;
(e) Sufficient particulars of the acts in respect of which amnesty is sought;
(f) Political objective;
(g) Justification for regarding such acts as acts associated with a political objective; and
(h) other relevant information.
Upon completion of the application form the applicant must sign it and have it attested to by a Commissioner of oaths
Upon receipt of the properly completed application form, the Amnesty Committee shall consider the application. The Committee shall investigate the application and make such inquiries as it may deem necessary. This investigation include affording the applicant an opportunity to make a further submission.
Not a single one of the applications in question was completed in the prescribed form. The only information contained therein was a code name used by the applicant and that he/she allegedly was/is a member of the PAC/APLA. No additional information whatsoever was supplied nor was it signed by the applicant or attested to by a commissioner of oaths.
Notwithstanding the aforementioned deficiencies the Amnesty Committee afforded the PAC almost a year to rectify same. Because no forwarding address was given, the Amnesty Committee had no other option but to address the issue directly with the leadership of the PAC. A number of letters were written to the PAC affording them the opportunity and urging them to assist in properly completing the deficient application forms. This communications culminated in a meeting between the President of the PAC, the Chairperson of the TRC and the Chairperson of the Amnesty Committee on 22/4/98. It was agreed at that meeting that the PAC will, within the following two weeks, furnish the Amnesty Committee with the required further particulars. Notwithstanding repeated in quiries in this regard no particulars was forwarded to the Amnesty Committee.
In light of the above it was decided that the applications listed hereunder can not be considered by the Amnesty Committee, because not a single one constitutes an application for amnesty as envisaged by the Act. The respective applications are therefor regarded as invalid and are dismissed.
Signed at Cape Town on 3 July 1998
On behalf of the Amnesty Committee
SCHEDULE TO DECISION OF AMNESTY COMMITTEE
AM7832/97AM5831/97 Apla High Command 57935' Shakes ' AM6256/97 " Bazuka " AM5806/97 " Blackbox " AM5835/97 " Chris " AM5820/97 " Dlamini " AM5830/97 " Fats " AM5839/97 " Jabu " AM5802/97 " Jazz " AM5836/97 " Joe " AM5847/97 " Khabazela " AM5803/97 " Khan " AM6055/97 " L.T.D " AM5804/97 " Mancane " AM5805/97 " Martin " AM6254/97 " Mavovo " AM5837/97 " Mdlalose " AM5838/97 " Modondo " AM6255/97 " Nduna " AM6002/97 " Nkrumah" AM5807/97 " S'Bu " AM6253/97 " Senzo " AM5840/97 " Sifiso " AM5822/97 " Skepe " AM5821/97 " Typhoon " AM6054/97 " Upoqo" AM6251/97 " Vusi " AM5851/97 " Windela" AM6070/97 "Afrika" AM6056/97 "Babangida" AM5745/97 "Bekezela" AM5750/97 "Bhamjee" AM5571/97 "Bishop" AM6071/97 "Black Mambo" AM5798/97 "Bra" AM6636/97 "Bruce" AM6053/97 "Buhari" AM6068/97 "Buthelezi" AM5590/97 "C.T" AM5565/97 "Cap" AM5573/97 "Chris" AM5572/97 "Conclusion" AM5557/97 "Day-By-Day" AM5855/97 "Dubs" AM6281/97 "Dumazile" AM5763/97 "Gadafi" AM5748/97 "Grootman" AM6277/97 "Guru" AM5562/97 "J.J" AM5766/97 "James" AM5845/97 "Junior" AM5752/97 "Kalashnikov" AM5749/97 "Karl Marx" AM5843/97 "Lebakes' AM5769/97 "Lifa" AM5754/97 "Lovemore" AM5854/97 "Loyd" AM5587/97 "Lucky" AM5767/97 "Lucky" AM5556/97 "Lulu" AM5558/97 "Lumumba" AM5574/97 "Madoda" AM6275/97 "Mancane" AM5762/97 "Mao" AM5564/97 "Marley" AM6280/97 "Mary" AM6285/97 "Matshona" AM6278/97 "Matvumbo" AM5570/97 "Mbelebele" AM5850/97 "Mbongeni" AM6290/97 "Mchana" AM6635/97 "Mdishane" AM5771/97 "Mdu" AM5849/97 "Mike Tyson" AM5846/97 "Mkhize" AM5834/97 "Mntwana" AM5561/97 "Mohammed" AM6282/97 "Molotov" AM5842/97 "Motomoto" AM6066/97 "Mshengu" AM5759/97 "Mshishi" AM5768/97 "Musa" AM5852/97 "Mxo" AM5576/97 "Mze" AM6287/97 "Mzukisi" AM5563/97 "N.D" AM5841/97 "Ndabezitha" AM5568/97 "No-Peace" AM5770/97 "Nolundi" AM5589/97 "Professor" AM5569/97 "Rhee" AM5729/97 "Rockey" AM5755/97 "Russian Tank" AM5765/97 "Sadat" AM5588/97 "Saddam Husseim" AM5756/97 "Samdra" AM5559/97 "Sandla" AM5560/97 "Sandlwana" AM5761/97 "Sankara" AM5746/97 "Scud Missile" AM6286/97 "Dumo" AM6073/97 "Seven" AM5586/97 "Sgqi" AM5758/97 "Shaka" AM5751/97 "Shane" AM6065/97 "Shoes" AM6069/97 "Sipho" AM5575/97 "Slogan" AM5566/97 "Sonny" AM6074/97 "Stalin" AM5764/97 "Star" AM5567/97 "Starbo" AM6075/97 "Starlen" AM5591/97 "Suzukie" AM5592/97 "Tallman" AM6072/97 "Terror" AM5853/97 "Thaganyana" AM6279/97 "The Hammer" AM5757/97 "The Sting" AM5844/97 "Tinko" AM6284/97 "Titof" AM6283/97 "Tosh" AM6289/97 "Tsi" AM5799/97 "White" AM6067/97 "Wiseman" AM5848/97 "Zulu" AM5823/97 Green Mamba AM5832/97 Malambo AM6276/97 Nosizwe AM5833/97 Themba