November 28, 1997

    AMNESTY GRANTED TO 43 PEOPLE

    STATEMENT FROM THE TRUTH AND RECONCILIATION COMMISSION

    Issued by: Truth and Reconciliation Commission

    The Amnesty Committee of the Truth and Reconciliation Commission has granted amnesty to 43 people after considering their applications in chambers.

    Amnesties have been granted to:

    • 37 members of the ANC, including Deputy President Thabo Mbeki, Defence Minister Joe Modise and other members of the Cabinet;
    • Five right-wing applicants; and
    • Trevor Thamsanqa Tutu.

    The law governing the TRC provides that:

    "The [Amnesty Committee] may, if it is satisfied that--

    (i) the requirements mentioned in Section 20 (1 ) [the section of the Act laying down conditions for amnesty] have been complied with;

    (ii) there is no need for a hearing; and

    (iii) the act, omission or offence to which the application relates, does not constitute a gross violation of human rights,

    in the absence of the applicant and without holding a hearing, grant amnesty and inform the applicant accordingly.

    Copies of the 43 amnesty application forms are available from the TRC's Cape Town office. [and will hopefully be available on the website soon]

    ==================================================

    PROCLAMATION IN TERMS 0F SECTION 20(6) 0F THE PROMOTION OF NATIONAL UNITY AND RECONCILIATION ACT, 1995 (ACT NO. 34 OF 1995)

    Notice is hereby given that amnesty in terms of Section 20(1) of Act No. 34 of 1995 was granted on 28th November 1997 to the following persons for all offences associated with a political objective as defined by the Act, and which fall within the ambit of the Act committed or authorised by him/her as a member of the African National Congress and on its behalf during the period/s:-

    A.

    i) 1st March 1960 to 1Oth May 1994

    • January Boy Masilela;
    • Dumisani Henry Makhaye;
    • Lord Wilfred Hendrick Matsane;
    • Colin Cecil Coleman;
    • Charles Nqakula;
    • Barry Philip Gilder;
    • Abdulah Mohamed Omar;
    • Basil Kenyon Dumisani Mafu;
    • Mongane Wally Serote;
    • Baleka Mmakota Mbete~-Kgositsile;
    • Peter Ramoshoane Mokaba;
    • Nosiviwe Noluthando Mapisa;
    • Thabo Mvuyelwa Mbeki;
    • Sathyandranath R. Maharaj;
    • Jacob Gedleyihlekisa Zuma;
    • John Kgoana Nkadimeng;
    • P.R.F Mdluli-Sedibe;
    • Lambert Lehlohonolo Moloi;
    • Billy Lesedi Masetlha;
    • Ruth Segomotsi Mompati;
    • Jacob Sello Selebi;
    • Zweledinga Pallo Jordan;
    • Garth Richard Strachan;
    • Essop Goolam Pahad;
    • Nakedi Mathews Phosa;
    • Pravin Jamnadas Gordhan;
    • Sipho Sidney Makana;
    • Alfred Nzo;

    ii) 1961 to 1993

    • Joe Johannes Modise

    iii) 1962 to 1985

    • Andrew Mandla Lekoto Masondo

    iv) 1970 to 10th May 1994

    • Lincoln Vumile Ngculu

    v) 1976 10 1978

    • Snuki Joseph Zikalala

    vi) 1978 to 1981 ~

    • Keith Matila Mokoape

    vii) 1978 to 10th May 1994

    • Joseph Mbuku Nhlanhla

    viii) 1983 to 1993

    • Dr Biki Samuel Victor Minyuku

    ix) 1984 to 1994

    • Mtikeni Patrick Sibande

    x) 1986 to 1989 ~

    • Johannes Mudimu

    B.

    Amnesty in terms of Section 20(1) of Act No. 34 of 1995, was granted on the 28th November 1997 to the following persons in respect of the acts, offences, omissions and delicts flowing from and connected with the illegal Pietersburg and Cosatu House, Paul Kruger Street, Pretoria during the period 1990 to 1992:-

    i) DIETER STOLS (Identity No. 580601 5061 00 0)

    ii) FREDERIK HENDRIK GEYSER (Identity No. 600504 5047 00 1)

    iii) PIETER BESTER (Identity No. 650330 5063 08 0)

    iv) THEUNIS HANNES GERBER (Identity No. 690717 5037 08 4)

    V) WILHELM JOHAN ELS (Identity No. 510909 5006 00 7)

    C.

    Amnesty in terms of Section 20(1) of Act No, 34 of 1995, was granted on the 28th November 1997 to

    TREVOR ARMSTRONG THAMSANQA TUTU (Passport No. L4719)

    in respect of the contravention of Section 2(2)(b) and Section 2(1)(g) read with Section 1 of the Civil Aviation Act No. 10 of 1972 at East London on the 8th October 1989 and in respect of which he was sentenced in the Regional Court at East London under Case, Number SH 2/229/89 and any other offences or omissions flowing from the aforementioned contravention.

    ==================================================

    [This declaration was attached to the amnesty application of the ANC leaders]

    Declaration

    We, the applicants, having at various times between 1 March 1960 and 10 May 1994, as indicated below been members and leaders of the AFRICAN NATIONAL CONGRESS (hereinafter referred to as the ANC), elected and/or appointed to serve in various structures including its highest organ, the NATIONAL EXECUTIVE COMMITTEE, do hereby make the following declaration:

    1. During the said period, the ANC played the foremost role in the leadership of the struggle of the masses of our people for the end of the hateful system of apartheid, appropriately dubbed a crime against humanity by the international community.

    2. In the course of our people's struggle, with the intent to induce the apartheld government of the NATIONAL PARTY to abandon apartheid with its concomitant violent repression, and with the intent to achieve, bring about and promote fundamental political, social and economic changes in the Republic, the ANC, inter alia, established its military wing, UMkhonto weSizwe, through which it prosecuted an armed struggle.

    3. At all material times, UMkhonto weSizwe operated under political authority, direction and leadership of the ANC.

    4. Due to its peculiar circumstances, and the attacks mounted upon it by its adversary, the apartheid government, the ANC established various organs at various times such as the RC, PMC and a security organ NAT which at all material times also operated under its authority, direction and leadership.

    5. Due to the circumstances which prevailed in the townships, in the early 1990s as a result of third force activities, the leadership of the ANC establlshed and, in some instances encouraged the establishment of Self Defence Units (SDUs), which played a critical role in the defence of defenceless communities.

    6. In the event,and to the extent that, any of the activities of any of the abovementioned institutions and structures including the SDU's could in any manner whatsoever be regarded as the kind of acts or omissions or offences envisaged in the PROMOTION OF NATIONAL UNITY AND RECONCILIATION ACT, we collectively take full responsibility therefore applying for amnesty in respect thereof.

    ends