CAPE TOWN — The Democratic Alliance has tabled a private member’s bill seeking to expunge from the record crimes committed during the apartheid era that would not be crimes today.
The inspiration for the measure came to him from two constituents, DA Correctional Services spokesman James Selfe said in a statement yesterday.
“One wanted a visa to visit his son who had emigrated. This person had been convicted in 1975 under the Immorality Act for having a sexual relationship with a woman of another race, and who, as a result, had been given a suspended prison sentence.
“The other was a man who applied for a job for which a clean criminal conviction record was a prerequisite, but had a criminal conviction for breaking the curfew regulations imposed by the former Transkei.”
Selfe said the proposed bill sought to create a simple mechanism whereby crimes committed under apartheid, “which are not crimes in the democratic society in which we live today”, could be administratively expunged from the record.
“We are not talking here about amnesty or immunity from prosecution for crimes that have not been dealt with by the courts … We are talking about people who have criminal records for crimes that would not be crimes today … ,” he said.
He said when South Africa negotiated a new democratic order, it made provision for a mechanism to deal with crimes committed in the course of advancing the liberation struggle or of repressing it — the Truth and Reconciliation Commission process.
“The TRC dealt with those who had been tried and convicted, but required amnesty, or not been tried and convicted for crimes that could have been ‘justified’ in terms of the prevailing political conflict and therefore required immunity from prosecution … This process has run its course.”
But, he said, this issue involves “quite another category of offenders and offences that have not yet satisfactorily been dealt with”.
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Damn one would have thought they'd sorted this kind of thing out years ago