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Friday, May 8, 1998 Published at 21:55 GMT 22:55 UK



World: Africa

Amnesties for ANC members overturned
image: [ Vice-President Thabo Mbeki has had his amnesty overturned ]
Vice-President Thabo Mbeki has had his amnesty overturned

The South African High Court has overturned blanket amnesties which were granted to 37 senior members of the ruling ANC party by the Truth and Reconciliation Commission (TRC).

The decision means that those affected - including Vice-President Thabo Mbeki - will now have to appear individually before the commission, and face questioning over their activities during the apartheid era.


[ image:  ]
The amnesties had been granted by a sub-committee of the TRC. Opponents considered the decision as evidence that the Truth Commission was biased in favour of the governing ANC party.

But former Archbishop Desmond Tutu, who heads the TRC, was also unhappy with the blanket amnesty.

Both the National Party - the fomer ruling party - and Archbishop Tutu challenged the decision in the High Court. On Friday, the court found that the blanket amnesties went against the parliamentary act governing the commission.


The leader of the the National Party leader Marthinus van Schalkwyk says the TRC is now in crisis. (19")
The opposition National Party spokesman, Jacko Maree, described the High Court's decision as "a complete victory". It shows, he said, that "the Truth and Reconciliation Commission is a political arm of the ANC."

Archbishop Tutu said he was pleased at the judge's decision, but emphasised that the people involved, including Thabo Mbeki and five cabinet ministers, will not have to apply to the commission again.

Their applications will now be dealt with on an individual basis. "What is important now is that the Truth and Reconciliation Commission can continue to do the work for which it was set up," he said.

The BBC correspondent in Johannesburg, Richard Downes, says the case has polarised opinion in South Africa.

The Truth Commission is coming towards the end of its term, and is winding up its operations.

Its last two major tasks will be to publish an account of the human rights abuses which occurred under the apartheid system and to recommend compensation to the victims.
 





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