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The Draft Bill on the Promotion of National Unity and Reconciliation provides for the creation of a Commission on Truth and Reconciliation as will as a number of Committees. The Committees will handle the question of amnesty, investigate gross human rights violations, recommend measures to restore the dignity of victims and provide compensation or reparation to victims of gross human rights violations where appropriate. The Commission, as well as its Committees, have wide powers to hear evidence, collect information, and conduct investigations within the framework of their brief and the Constitution.

The main Committees set up within the framework of the Truth and Reconciliation Commission are as follows:

A Committee on Human Rights violations, a Committee on Amnesty and a Committee on Reparation and Rehabilitation. The Draft Bill also provides for procedural matters and criteria to be applied.

The objectives of the Commission, with a view to promote national unity and reconciliation, are:

to investigate gross human rights violations by all the parties to the conflicts of the past, including the security forces, liberation movements and organisations;
to make known the identity and fate or whereabouts of victims of such violations;
to endeavour to restore the human and civil dignity of victims and to compensate them for such violations on an ex gratia basis where appropriate;
to grant amnesty to persons who committed acts associated with political objectives and who make full disclosure to the relevant committees;
to recommend measures to prevent the commission of gross human rights violations in the future.

The Cabinet Committee on Security and Intelligence discussed the Draft Bill on 19 October 1994 and after discussion gave the go-head to the Minister of Justice to proceed with he publication of the Draft Bill. Save for the Inkatha Freedom Party which noted its reservation and opposition to the idea of a truth commission itself, the Cabinet Committee proceeded on the basis of the acceptance of the principle that a commission on truth and reconciliation should be established. The latter also includes giving effect to constitutional provisions regarding amnesty.

The publication of the Draft Bill takes place on the understanding that the reservations raised by the National Party with regard to a number of matters will be further discussed. Further attempts will be made to achieve the maximum consensus possible with regard to such matters.

Amongst the points of difference raised by the National Party as being fundamental and which require further discussions, are the following:

The method of appointment of members of the Commission and committees as well as the extent and nature of its powers and procedures.

Whether the hearings provided for in the structures of the Commission shall generally be open to the public or whether they should take place in camera, followed by public reports based on tested and weighed evidence.

It is the intention that the Draft Bill now made public will be dealt with in the following manner:

A small task group representing parties to the Government of National Unity will examine the remaining points of difference with a view to achieving maximum possible consensus as indicated.

In the further promotion of the Draft Bill, the Minister of Justice will also consult with the Minister of Public Safety and Security and Minister of Defence, so as to give consideration to other concerns which may still exist with regard to the Draft Bill. An attempt will be made to address such concerns in a way which does not affect the structure and objects of the Draft Bill.

The Draft Bill together with possible amendments which might result from these consultations will then be placed before Cabinet for decision.

It is envisaged that all this be achieved in at the most two weeks from now.

Thereafter the Bill, as approved by Cabinet, will then be submitted to Parliament.

Finally, it is pointed out that all interested parties will then have the opportunity to make representations to the Standing Committees on Justice of both the National Assembly and the Senate.

It is the Minister of Justice that an approach which enjoys maximum possible consensus is vital for the success of the process. The object of the proposed law is not to conduct any kind of witch-hunt or to humiliate anyone. Its object is to provide South Africans with a mechanism to deal with the past (which includes the granting of amnesty) and to heal the wounds of the past on a morally acceptable basis. In short it is to provide a mechanism which will in real terms promote genuine reconciliation and nation building.

ISSUED BY THE MINISTRY OF JUSTICE

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