No provision for 'perpetual amnesty', apartheid victims' group says

The Apartheid Victim Families Group (AVFG) took issue with the FW de Klerk Foundation for suggesting that there was a promise of a perpetual free pass to perpetrators of crimes of the past who were not granted amnesty by the TRC.

The group made this remark on Monday evening after a statement by the foundation earlier in the day in response to the recent announcement by the National Prosecuting Authority and the Hawks of a renewed plan to expand their capacity to deal with outstanding cases of apartheid atrocities.

The announcement by the NPA and the Hawks follows a judgment by the Supreme Court of Appeal last month dismissing former security branch policeman Joao Rodrigues's application for a permanent stay of prosecution. 

The AVFG is comprises family members of people who were killed under mysterious and suspicious circumstances while in detention of the apartheid police or where the hand of the apartheid police was evident in their killing.

In its statement, the foundation said the interim constitution of 1993 stated that “amnesty shall be granted in respect of acts, omissions and offences associated with political objectives and committed in the course of the conflicts of the past”.

In response, the AVFG said the statement by the foundation concedes that the National Party government failed to negotiate a blanket amnesty.

“Second, there is nowhere in the South African constitution which was adopted in 1996 where there is promise of a perpetual free pass to perpetrators of crimes of the past who were not granted amnesty by the TRC,” the group said in a statement.

It said De Klerk knew well that the specific arrangement by which the nation agreed to give effect to the question of amnesty was the Truth and Reconciliation Commission (TRC).

“He appeared before it for this very reason to secure his freedom, and that of others, only to the extent of disclosures and warranties he placed before the commission.”

The group said people applying for amnesty had to meet a number of requirements including full and truthful disclosure and show a political motive.

“These were the rules the TRC used to determine the award of amnesty.”

The group said TRC had made recommendations on what must be done with cases for which amnesty was declined or when no application was made.

“As such, the rules of the TRC do not provide cover for any perpetrators who, like Rodrigues, elected not to apply for amnesty.”

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