Promotion of National Unity and Reconciliation Act, 1995 (Act No. 34 of 1995)Chapter 1 : Interpretation and Application1. Definitions |
| (1) | In this Act, unless the context otherwise indicates— |
has the meaning ascribed thereto in section 20(2) and (3);
includes any evidence, book, document, file, object, writing, recording or transcribed computer printout produced by any mechanical or electronic device or any device by means of which information is recorded, stored or transcribed;
means the Truth and Reconciliation Commission established by section 2;
means a member of the Commission appointed in terms of section 7(2)(a);
means the Committee on Human Rights Violations, the Committee on Amnesty or the Committee on Reparation and Rehabilitation, as the case may be;
means the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993);
means the latest date allowed as the cut-off date in terms of the Constitution as set out under the heading 'National Unity and Reconciliation';
means any state or territory which was established by an Act of Parliament or by proclamation in terms of such an Act prior to the commencement of the Constitution and the territory of which now forms part of the Republic;
means the violation of human rights through—
| (a) | the killing, abduction, torture or severe ill-treatment of any person; or |
| (b) | any attempt, conspiracy, incitement, instigation, command or procurement to commit an act referred to in paragraph (a), |
which emanated from conflicts of the past and which was committed during the period 1 March 1960 to the cut-off date within or outside the Republic, and the commission of which was carried out, advised, planned, directed, commanded or ordered, by any person acting with a political motive;
[Definition amended by section 21(a) of Act No. 104 of 1996]
"joint committee"
means a joint committee of the Houses of Parliament appointed in accordance with the Standing Orders of Parliament for the purpose of considering matters referred to it in terms of this Act;
means the Minister of Justice;
means prescribed by regulation made under section 40;
[Definition substituted by section 1(a) of Act No. 87 of 1995]
"President"
means the President of the Republic;
includes any form of compensation, ex gratia payment, restitution, rehabilitation or recognition;
means the Republic of South Africa referred to in section 1(2) of the Constitution;
includes any full-time or part-time—
| (a) | member or agent of the South African Defence Force, the South African Police, the National Intelligence Service, the Bureau of State Security, the Department of Correctional Services, or any of their organs; |
| (b) | member or agent of a defence force, police force, intelligence agency or prison service of any former state, or any of their organs; |
means the State of the Republic;
means any subcommittee established by the Commission in terms of section 5(c);
includes—
| (a) | persons who, individually or together with one or more persons, suffered harm in the form of physical or mental injury, emotional suffering, pecuniary loss or a substantial impairment of human rights— |
| (i) | as a result of a gross violation of human rights; or |
| (ii) | as a result of an act associated with a political objective for which amnesty has been granted; |
| (b) | persons who, individually or together with one or more persons, suffered harm in the form of physical or mental injury, emotional suffering, pecuniary loss or a substantial impairment of human rights, as a result of such person intervening to assist persons contemplated in paragraph (a) who were in distress or to prevent victimization of such persons; and |
| (c) | such relatives or dependants of victims as may be prescribed. |
| (2) | For the purposes of sections 10 and 11 and Chapters 6 and 7 "Commission" shall be construed as including a reference to "committee" or "subcommittee", as the case may be, and "Chairperson", "Vice-Chairperson" or "commissioner" shall be construed as including a reference to the chairperson, vice-chairperson or a member of a committee or subcommittee, as the case may be. |
[Subsection (2) substituted by section 15 of Act No. 104 of 1996]