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

Chapter 7 : General Provisions

43. Completion of work and dissolution of Commission

 

(1)

(a) Subject to subsection (2), the Commission shall complete its work on 31 July 1998.
(b) The Commission shall, within three months after 31 July 1998, submit a report to the President, whereafter its activities shall be suspended until it is reconvened by the President in terms of subsection (3).
(c) The Commissioners whose activities are suspended shall not receive any remuneration whilst their activities are so suspended.

 

(2) Notwithstanding the provisions of subsection (1)—
(a) the Committee on Amnesty referred to in section 16 shall continue with its functions in terms of this Act until a date determined by the President by proclamation in the Gazette; and
(b) for the duration of the period referred to in paragraph (a)—
(i) the Chairperson or the Deputy Chairperson of the Commission shall continue to represent the Commission for the purposes of any legal proceedings instituted by or against the Commission;
(ii) the Committee on Amnesty shall also exercise the powers and perform the duties and functions of the Committee on Human Rights Violations established by section 12, and of the Committee on Reparation and Rehabilitation established by section 23, in respect of—
(aa) responses to matters commenced before 14 December 1997 by the said Committees, but not yet finalised by 31 July 1998, excluding any inquiries or hearings in terms of section 29; and
(bb) matters emanating from the consideration of applications for amnesty by the Committee on Amnesty;
(iii) the President may, subject to section 17(2) and from the ranks of the existing commissioners, appoint not more than two further commissioners to the Committee on Amnesty to assist in the exercising of the powers and the performance of the duties and functions referred to in subparagraph (ii); and
(iv) the Chairperson of the Committee on Amnesty shall submit quarterly reports to the President in respect of its activities.

 

(3) The President shall, by proclamation in the Gazette
(a) reconvene the Commission for the purpose of completing its final report after the Committee on Amnesty has completed its work;
(b) determine a date for the dissolution of the Commission.

 

(4) The provisions of section 44 shall also be applicable in respect of the report referred to in subsection (1)(b).

 

[Section 43 substituted by section 2 of Act No. 33 of 1998]