Plan for collective amnesty for apartheid-era crimes found in South Africa — TimesLIVE
In South Africa, TimesLIVE reported on a 2001 document whose authors proposed considering collective amnesty for people who acted under political or military orders during apartheid. The proposals may be discussed during former President Thabo Mbeki's testimony before the Hampape Commission.
The report was prepared by a forum that included then-Deputy President Jacob Zuma, former Justice Minister Penuell Maduna, and former heads of the South African Defence Force Magnus Malan, Constand Viljoen, Georg Meiring and Johannes Geldenhuys. They advised Mbeki to establish a presidential commission involving representatives of all sides of the conflict in order to fully document the events and consider amnesty.
Amnesty proposals
The document referred to exemption from legal liability, including for members of state forces who, in the authors' wording, did not realize they had committed gross human rights violations. For those who knew their actions were unlawful, amnesty was proposed; the report separately mentioned members of the liberation movement.
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The forum also proposed amending the law on the Truth and Reconciliation Commission to establish the principle of collective responsibility and allow collective amnesty for certain groups. Possible ways of addressing shortcomings in the Truth and Reconciliation Commission's final report included presidential pardons, constitutional amendments, a new law, or amendments to existing legislation.
Consideration by the Hampape Commission
The Hampape Commission, established by President Cyril Ramaphosa, is examining whether there were attempts since 2003 to obstruct the investigation and prosecution of apartheid-era crimes identified by the Truth and Reconciliation Commission. It is also determining why people to whom the Commission did not grant amnesty were not held accountable.
Mbeki submitted an 82-page statement to the commission in which he denied a number of allegations, including claims about secret negotiations with apartheid-era generals and former President Frederik Willem de Klerk. The Calata group accuses the former president of political interference and of influencing delays in apartheid-era crime cases. According to the publication, Mbeki is expected to deny political interference.