AI-assisted research summary: After the Commission is dissolved, the Minister may appoint a subcommittee or other committee to deal with certain matters, and must publicize names if amnesty is granted.
3. The following sections are inserted in the principal Act: “Minister may appoint subcommittee on amnesty after dissolution of Commission 20 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 17(2A) needs to be dealt -wiiii furGier or f&iew as a (a) any order or finding-of a-competent ~ o i i r t ~ r - ~ ~ - - ~ ~ ~ - - - - ~ - of- No. 4 25544 GOVERNMENT GAZETTE, 7 OCTOBER 2003 Act No. 23,2003 PROMOTION OF NATIONAL UNITY AND RECONCILIATION AMENDMENT ACT, 2003 (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. -'I (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 subcommittee referred to in section 17(2A) would have had prior to the dissolution of the Commission. for which it was appointed that a (4) The Minister may, after consultation with the Minister of Finance, authorize the expenditure with regard to the functioning of the subcommit- tee 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. 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(1), the Minister may, by notice in 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 in terms of 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 necessary 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 (1) that performs the functions of a Committee on Reparation and Rehabilitation in order to consider a matter referred to it by a subcommittee appointed 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 reparation 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 (1) that in performs the functions of a Committee on Human Rights Violations order to determine a gross violation of human rights as contemplated in subsection .(5)(b), and the committee is of the opinion that- ( a ) a gross violation of human rights has been committed; and 5 10 15 20 25 30 35 40 45 50 i5 6 No. 25544 Act No. 23,2003 GOVERNMENT GAZETTE, 7 OCTOBER 2003 AND PROMOTION OF NATIONAL W RECONCLLATION AMENDMENT ACT, 2003 Y (b) a person is a victim of such violation, it shall recommend to the committee appointed to perform the functions of a 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). ' -' 5 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 general nature of section 10 46(7)(b).". Short title and commencement