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South
Africa
NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
Promotion
of National Unity and Reconciliation Act, No. 34 of 1995
Long
title
To provide for the investigation and the establishment of as complete a picture as possible of the nature, causes and extent of gross violations of human rights committed during the period from 1 March 1960 to the cut-off date contemplated in the Constitution, within or outside the Republic, emanating from the conflicts of the past, and the fate or whereabouts of the victims of such violations; the granting of amnesty to persons who make full disclosure of all the relevant facts relating to acts associated with a political objective committed in the course of the conflicts of the past during the said period; affording victims an opportunity to relate the violations they suffered; the taking of measures aimed at the granting of reparation to, and the rehabilitation and the restoration of the human and civil dignity of, victims of violations of human rights; reporting to the Nation about such violations and victims; the making of recommendations aimed at the prevention of the commission of gross violations of human rights; and for the said purposes to provide for the establishment of a Truth and Reconciliation Commission, a Committee on Human Rights Violations, a Committee on Amnesty and a Committee on Reparation and Rehabilitation; and to confer certain powers on, assign certain functions to and impose certain duties upon that Commission and those Committees; and to provide for matters connected therewith.
Table of contents
Legislation Text Access Point
To provide for the investigation and the establishment of as complete a picture as possible of the nature, causes and extent of gross violations of human rights committed during the period from 1 March 1960 to the cut-off date contemplated in the Constitution, within or outside the Republic, emanating from the conflicts of the past, and the fate or whereabouts of the victims of such violations; the granting of amnesty to persons who make full disclosure of all the relevant facts relating to acts associated with a political objective committed in the course of the conflicts of the past during the said period; affording victims an opportunity to relate the violations they suffered; the taking of measures aimed at the granting of reparation to, and the rehabilitation and the restoration of the human and civil dignity of, victims of violations of human rights; reporting to the Nation about such violations and victims; the making of recommendations aimed at the prevention of the commission of gross violations of human rights; and for the said purposes to provide for the establishment of a Truth and Reconciliation Commission, a Committee on Human Rights Violations, a Committee on Amnesty and a Committee on Reparation and Rehabilitation; and to confer certain powers on, assign certain functions to and impose certain duties upon that Commission and those Committees; and to provide for matters connected therewith.
Table of contents
| SECTION | TITLE |
| [sic - untitled text in the form of a PREAMBLE] | |
| CHAPTER 1. DEFINITIONS | |
| 1. | Definitions |
| CHAPTER
2. TRUTH AND RECONCILIATION COMMISSION |
|
| 2. | Establishment
and seat of Truth and Reconciliation Commission |
| 3. | Objectives
of Commission |
| 4. | Functions
of Commission |
| 5. | Powers
of Commission |
| 6. | Certain
powers shall be exercised in consultation with Minister |
| 7. | Constitution
of Commission |
| 8. | Acting
Chairperson of Commission |
| 9. | Conditions of service, remuneration, allowances and other benefits of staff of Commission |
| 10. | Meetings, procedure at and quorum for meetings of Commission and recording of proceedings |
| 11. | Principles
to govern actions of Commission when dealing with victims |
| CHAPTER
3. INVESTIGATION OF HUMAN RIGHTS VIOLATIONS |
|
| 12. | Committee
on Human Rights Violations |
| 13. | Constitution
of Committee |
| 14. | Powers,
duties and functions of Committee |
| 15. | Referrals
to Committee on Reparation and Rehabilitation |
| CHAPTER
4. AMNESTY MECHANISMS AND PROCEDURES |
|
| 16. | Committee
on Amnesty |
| 17. | Constitution
of Committee |
| 18. | Applications
for granting of amnesty |
| 19. | Committee shall consider applications for amnesty |
| 20. | Granting
of amnesty and effect thereof |
| 21. | Refusal
of amnesty and effect thereof |
| 22. | Referrals
to Committee on Reparation and Rehabilitation |
| CHAPTER
5. REPARATION AND REHABILITATION OF VICTIMS |
|
| 23. | Committee
on Reparation and Rehabilitation |
| 24. | Constitution
of Committee |
| 25. | Powers,
duties and functions of Committee |
| 26. | Applications
for reparation |
| 27. | Parliament
to consider recommendations with regard to reparation of victims |
| CHAPTER
6. INVESTIGATIONS AND HEARINGS BY COMMISSION |
|
| 28. | Commission
may establish investigating unit |
| 29. | Powers of Commission with regard to investigations and hearings |
| 30. | Procedure
to be followed at investigations and hearings of Commission, committees
and subcommittees |
| 31. | Compellability
of witnesses and inadmissibility of incriminating evidence given before
Commission |
| 32. | Entry
upon premises, search for and seizure and removal of certain articles
or other things |
| 33. | Hearings
of Commission to be open to public |
| 34. | Legal
representation |
| 35. | Limited
witness protection programme |
| CHAPTER
7. GENERAL PROVISIONS |
|
| 36. | Independence
of Commission |
| 37. | Commission
to decide on disclosure of identity of applicants and witnesses |
| 38. | Confidentiality
of matters and information |
| 39. | Offences and penalties |
| 40. | Regulations |
| 41. | Liability
of Commission, commissioners and members of staff |
| 42. | President's
Fund |
| 43. | Completion
of work and dissolution of Commission [...was entitled
"Completion of report by Commission and dissolution of Commission"] |
| 44. | Publication
of final report of Commission |
| 45. | Approach
to
and review by joint committee of, and reports to, Parliament |
| 46. | Chief
executive officer, secretaries, expenditure and estimates of Commission |
| 47. | Consequences
of dissolution |
| 47A. | Minister
may
appoint subcommittee on amnesty after dissolution of Commission [...inserted by
Act
2003_023_003] |
| 47B. | Minister may appoint other committees [...inserted by Act 2003_023_003] |
| 47C. | Further powers of Minister after dissolution of Commission [...inserted by Act 2003_023_003] |
| 48. | Acts
repealed |
| 49. | Short title and commencement |
Legislation Text Access Point
| Versions [To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.] |
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| As unamended Act 1995_034_000_19950726 | EXT.LINK | REQ.INFO | LINK |
| As amended by Act 1997_018_000_19970627 . | N/A | REQ.INFO | LINK |
| As amended by Act 1997_047_000_19971013 . | N/A | REQ.INFO | LINK |
| As amended by Act 1997_084_000_19971210 . | N/A | REQ.INFO | LINK |
| As amended by Act 1998_033_000_19980629 . | N/A | REQ.INFO | LINK |
| As amended by Act 1998_034_000_19980703 . | N/A | REQ.INFO | LINK |
| As amended by Act 2003_023_000_20031007 . | N/A | REQ.INFO | LINK |
| As amended by ... | N/A | REQ.INFO | LINK |
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