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Promotion of National Unity and Reconciliation Act, 1995 (Act No. 34 of 1995)

Chapter 7 : General Provisions

47A. Minister may appoint subcommittees on amnesty after dissolution of Commission

 

(1) If, after the dissolution of the Commission, it appears that any matter that was dealt with by the Committee on Amnesty or any subcommittee thereof contemplated in section 17(2A) needs to be dealt with further or anew as a result of—
(a) any order or finding of a competent court; or
(b) any settlement agreement reached pursuant to pending litigation emanating from such a matter, the Minister may, by notice in the Gazette, appoint a subcommittee as contemplated in section 17(2A) to deal with the matter in such manner as may be required.

 

(2) A subcommittee appointed in terms of subsection (1) must consist of a judge as referred to in section 17(3), as chairperson, and two other members, who are fit and proper persons.

 

(3) A subcommittee appointed in terms of subsection (1) shall have all the powers to deal with the matter for which it was appointed that a subcommittee referred to in section 17(2A) would have had prior to the dissolution of the Commission.

 

(4) The Minister may, after consultation with the Minister of Finance, authorize the expenditure with regard to the functioning of the subcommittee and may determine how the expenditure is to be regulated.

 

(5) The Director-General of the Department of Justice and Constitutional Development shall provide the necessary administrative support, including staff required by the subcommittee for the performance of its functions.

 

(6) If a subcommittee appointed in terms of subsection (1) grants amnesty to any person, the Minister shall by notice in the Gazette, make known the full names of any person to whom amnesty has been granted, together with sufficient information to identify the act, omission or offence in respect of which amnesty has been granted.

 

(7) If a subcommittee has refused to grant amnesty to any person, the provisions of section 21 shall apply, with the necessary changes required by the context.

 

[Section 47A inserted by section 3 of Act No. 23 of 2003]