REPUBLIC OF SOUTH AFRICA
PORTFOLIO COMMITTEE AMENDMENTS
TO
PROMOTION OF NATIONAL UNITY AND RECONCILIATION AMENDMENT BILL
[B 34-2OO3]
(As agreed to by the Portfolio Committee on Justice and Constitutional Development (National
Assembly))
[B 34A-2OO3]
AMENDMENTS AGREED TO
PROMOTION OF NATIONAL UNITY AMENDMENT BILL
[B 34-2003]
NEW CLAUSE
1. That the following be a new Clause:
Amendment of section 40 of Act 34 of 1995
1 Section 40 of the Promotion of National Unity and Reconciliation Act, 1995 (the
principal Act), is amended by the insertion after subparagraph (h) of the following subparagraph:
"(hA) with regard to any matter which is necessary for the effective allocation of the amounts as contemplated in section 42.l~.
CLAUSE I
Clause rejected
NEW CLAUSE
1. That the following be a new Clause:
Amendment of section 42 of Act 34 of 1995
2. Section 42 of the principal Act is amended by the insertion after subsection (2) of the following subsections:
"(2A) There shall be paid from the Fund all amounts payable by way of reparations towards the rehabilitation of communities in terms of regulations made by the President.
(2B) Any funds or property which, by a trust, donation or bequest vest in the Fund, shall be dealt with in accordance with the conditions of such trust. donation or bequest.".
NEW CLAUSES
1. That the following be new Clauses:
Insertion of sections 47A, 47B and 47C in Act 34 of 1995
3. The following sections are inserted in the principal Act:
"Minister may appoint a Subcommittee on Amnesty after dissolution of Commission
47A. (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 l 7(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 1 7(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 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 is was appointed that a subcommittee referred to in section 1 7(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 execution of its functions.
(6) If a subcommittee appointed in terms of subsection (l~ grants amnesty to any person. the Minister must be notice in the Gazette. make known the names of any person to whom amnesty has been granted to2ether 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.
Minister may appoint other Committees
47B. (1) If after the dissolution of the Commission. it appears that
any other committee referred to in this Act, other than the Committee on Amnesty or any subcommittee thereof. needs to deal with a matter arising from the consideration of any matter by a subcommittee appointed in terms of section 47A(l). the Minister may, by notice on the Gazette. appoint a committee to deal with the matter in such manner as may be required.
(2) A committee appointed in terms of subsection (1) may consist of one or more fit and proper persons.
(3) A Committee appointed under subsection (1) shall have all the powers to deal with the matter for which it was appointed that the corresponding committee in terms of this Act would have had prior to the dissolution of the Commission.
(4) The provisions of section 47A(4) and (5) apply. with the changes required by the context, in respect of a committee appointed in terms of subsection (1).
(5) Where a committee is appointed in terms of subsection (I) that carries out the functions of a Committee on Reparation and Rehabilitation in order to consider a matter referred to it by a subcommittee established in terms of section 47A(l). that Committee shall, if it is of the opinion that-
(a) the person is a victim, recommend to the Minister that such person be entitled
to reparations as prescribed: or
(b) a determination needs to be made whether a person is a victim and whether an
act, omission or offence constitutes a gross violation of human rights, refer the
matter to a committee referred to in subsection (6).
(6) Where a Committee is appointed in terms of subsection (I) that carries out the functions of a Committee on Human Rights Violations in order to determine a gross violation of human rights as contemplated in subsection (5)(b), and the Committee is of the opinion that
Committee on Reparation and Rehabilitation to forward such person's name to the Minister. who shall deal with the recommendation in terms of subsection (5)(a).
Further powers of Minister after dissolution of Commission
47C. (1) The Minister may, after the dissolution of the
Commission. in order to correct any error contained in any notice. proclamation or any other publication issued in terms of this Act, excluding the final report by the Commission. amend by way of notice in the Gazette a publication so made
(2) Subsection (1) does not detract from the 2eneral nature of section 46(7)(b).".
LONG TITLE
1. On page 2, in the fourth line, after "conditions" to insert:
"to provide for the appointment of committees after the dissolution of the Commission; and to confer additional powers on the Minister;"