Promotion of National Unity and Reconciliation Act, 1995 (Act No. 34 of 1995)Chapter 4 : Amnesty Mechanisms and Procedures19. Committee shall consider applications for amnesty |
| (1) | Upon receipt of any application for amnesty, the Committee may return the application to the applicant and give such directions in respect of the completion and submission of the application as may be necessary or request the applicant to provide such further particulars as it may deem necessary. |
| (2) | The Committee shall investigate the application and make such inquiries as it may deem necessary. |
[Subsection (2) amended by section 8(a) of Act No. 87 of 1995]
(3) After such investigation—
(a) the Committee may—
| (i) | inform the applicant that the application, judged on the particulars or further particulars contained in the application or provided by the applicant or revealed as a result of inquiries made by the Committee, if any, does not relate to an act associated with a political objective; |
| (ii) | afford the applicant the opportunity to make a further submission; and |
| (iii) | decide whether the application, judged on the particulars referred to in subparagraph (i), and in such further submission, relates to such an act associated with a political objective, |
and if it is satisfied that the application does not relate to such an act, in the absence of the applicant and without holding a hearing refuse the application and inform the applicant accordingly; or
[Subsection (3)(a) amended by section 8(b) of Act No. 87 of 1995]
| (b) | the Committee may, if it is satisfied that— |
| (i) | the requirements mentioned in section 20(1) 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.
[Subsection (3)(b) amended by section 8(e) of Act No. 87 of 1995]
[Subsection (3) amended by section 8(b) of Act No. 87 of 1995]
| (4) | If an application has not been dealt with in terms of subsection (3), the Committee shall conduct a hearing as contemplated in Chapter 6 and shall, subject to the provisions of section 33— |
| (a) | in the prescribed manner, notify the applicant and any victim or person implicated, or having an interest in the application, of the place where and the time when the application will be heard and considered; |
| (b) | inform the persons referred to in paragraph (a) of their right to be present at the hearing and to testify, adduce evidence and submit any article to be taken into consideration; |
| (c) | deal with the application in terms of section 20 or 21 by granting or refusing amnesty. |
(5)
| (a) | The Committee shall, for the purpose of considering and deciding upon an application referred to in subsection (1), have the same powers as those conferred upon the Commission in section 5(l) and (m) and Chapters 6 and 7. |
| (b) | Notwithstanding the provisions of section 18(1), the Committee may consider jointly the individual applications in respect of any particular act, omission or offence to which such applications relate. |
| (6) | If the act, omission or offence which is the subject of an application under section 18 constitutes the ground of any claim in civil proceedings instituted against the person who submitted that application, the court hearing that claim may at the request of such person, if it is satisfied that the other parties to such proceedings have been informed of the request and afforded the opportunity to address the court or to make further submissions in this regard, suspend those proceedings pending the consideration and disposal of the application. |
[Subsection (6) substituted by section 8(g) of Act No. 87 of 1995]
| (7) | If the person who submitted an application under section 18 is charged with any offence constituted by the act or omission to which the application relates, or is standing trial upon a charge of having committed such an offence, the Committee in consultation with the attorney-general concerned, may request the appropriate authority to postpone the proceedings pending the consideration and disposal of the application [for amnesty]. |
[Subsection (7) substituted by section 8(h) of Act No. 87 of 1995]
(8)
| (a) | Subject to the provisions of section 33, the applications, documentation in connection therewith, further information and evidence obtained before and during an investigation by the Commission, the deliberations conducted in order to come to a decision or to conduct a hearing contemplated in section 33, shall be confidential. |
| (b) | Subject to the provisions of section 33, the confidentiality referred to in paragraph (a) shall lapse when the Commission decides to release such information or when the hearing commences. |
[Date of commencement of section 19: 10 April 1996]