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

Chapter 2 : Truth and Reconciliation Commission

5. Powers of Commission

 

In order to achieve its objectives and to perform its functions the Commission shall have the power to—

(a) determine the seat, if any, of every committee;
(b) establish such offices as it may deem necessary for the performance of its functions;
(c) establish subcommittees to exercise, carry out or perform any of the powers, duties and functions assigned to them by the Commission;
(d) conduct any investigation or hold any hearing it may deem necessary and establish the investigating unit referred to in section 28;
(e) refer specific or general matters to, give guidance and instructions to, or review the decisions of, any committee, subcommittee or the investigating unit with regard to the exercise of its powers, the performance of its functions and the carrying out of its duties, the working procedures which should be followed and the divisions which should be set up by any committee in order to deal effectively with the work of the committee: Provided that no decision, or the process of arriving at such a decision, of the Committee on Amnesty regarding any application for amnesty shall be reviewed by the Commission;

[Paragraph (e) substituted by section 4(a) of Act No. 87 of 1995]

[Date of commencement of paragraph  (e) : 10 April 1996]

(f) direct any committee or subcommittee to make information which it has in its possession available to any other committee or subcommittee;

[Date of commencement of para. (f) : 10 April 1996.]

(g) direct the submission of and receive reports or interim reports from any committee, subcommittee or investigating unit;

[Paragraph (g) substituted by section 4(b) of Act No. 87 of 1995]

[Date of commencement of paragraph (g): 10 April 1996]

(h) have the administrative and incidental work connected with the exercise of its powers, the execution of its duties or the performance of its functions carried out by persons—
(i) employed or appointed by it;
(ii) seconded to its service by any department of State at the request of the Commission;

[Subparagraph (ii) substituted by section 35(1) of Act No. 47 of 1997]

(iii) appointed by it for the performance of specified tasks;
(i) in consultation with the Minister and through diplomatic channels, obtain permission from the relevant authority of a foreign country to receive evidence or gather information in or from that country;

[Paragraph (i) substituted by section 4(c) of Act 87 of 1995]

[Date of commencement of paragraph (i): 10 April 1996]

(j) enter into an agreement with any person, including any department of State, in terms of which the Commission will be authorized to make use of any of the facilities, equipment or personnel belonging to or under the control or in the employment of such person or department;
(k) recommend to the President that steps be taken to obtain an order declaring a person to be dead;

[Date of commencement of paragraph (k): 10 April 1996]

(l) hold meetings at any place within or outside the Republic;
(m) on its own initiative or at the request of any interested person inquire or investigate into any matter in terms of this Act, including the disappearance of any person or group of persons.

[Paragraph (m) substituted by section 4(e) of Act No. 87 of 1995]

[Date of commencement of paragraph (m) : 10 April 1996]