levels have to be balanced with transitional justice mechanisms, as the former measures alone cannot meet all the needs of the people for accountability and social cohesion. Amnesties in South Africa With the end of apartheid in South Africa in 1995, the country’s parliament in July the same year passed the National Unity and Reconciliation Act, aiming “to provide for the investigation and the establishment of as complete a picture as possible of the nature, causes and extent of gross violations of human rights committed during the period from 1 March 1960 to the cut-off date contemplated in the Constitution, within or outside the Republic, emanating from the conflicts of the past, and the fate or whereabouts of the victims of such violations”.26 The Act also establishes a Truth and Reconciliation Commission (TRC)27 “to promote national unity and reconciliation in a spirit of understanding which transcends the conflicts and divisions of the past”,28 mandated to establish "as complete a picture as possible of the causes, nature and extent of the gross violations of human rights” and “[facilitate] the granting of amnesty to persons who make full disclosure of all the relevant facts relating to acts associated with a political objective and comply with the requirements of this Act”.29Article 20 (7)(a) of the Act is stated that “No person who has been granted amnesty in respect of an act, omission or offence shall be criminally or civilly liable in respect of such act, omission or offence and nobody or organization or the State shall be liable, and no person shall be vicariously liable, for any such act, omission or offence”30. This system was innovative, as amnesty had been integrated as one of the pillars of a truth and reconciliation process. The Constitution also provides for a Committee on Amnesty of the TRC to deal with amnesty issues31. In this system,“[a]ny person who wishe[d] to apply for amnesty in respect of any act, omission or offence on the grounds that it is an act associated with a political objective”, had to submit an application to the TRC32.This was therefore not a blanket amnesty because even a person who had committed the crimes to which the amnesty applies would not automatically qualify. It was a "conditional" amnesty as it "set the creation of conditions or procedures by which individuals must apply for amnesty and in which prosecuting authorities maintain the power to investigate and prosecute crimes"33. • Effects on the peace process The South African Truth and Reconciliation investigated the 40 years of conflict as provided by its mandate. More than 7,000 perpetrators applied for amnesty according to the PNUR Act34, among which 4,500 were rejected and 125 amnesties granted by the TRC35. In 1998, following the submission of the TRC’s report, the South African government assured that it would prosecute persons not eligible to amnesty36. 26 Promotion of National Unity and Reconciliation Act, 1995, No.34 of 1995, Preamble, at http://www.doj.gov.za/trc/legal/act9534.htm 27 Ibid, Art.2(1) 28 Ibid, Art.3(1) 29 Ibid, Art.3(1)(b) 30 Ibid. Art. 20 (7)(a) 31 Ibid. art. 3(3)(b) 32 Ibid, Art.18(1) 33 ICTJ Discussion paper: FOCUS: 2009 DRC AMNESTY LAW AMNESTY MUST NOT EQUAL IMPUNITY 34 “Background and Introduction”, Traces of Truth – Documents relating to the South African Truth and Reconciliation Commission, University of the Witwatersrand, at http://truth.wwl.wits.ac.za/about.php 35 “TRC: The facts”, BBC News, 30 October 1998, at http://news.bbc.co.uk/1/hi/world/africa/142369.stm 36 “TRC Category - 5.Aftermath”, Traces of Truth – Documents relating to the South African Truth and Reconciliation Commission, University of the Witwatersrand, at http://truth.wwl.wits.ac.za/cat_descr.php?cat=5 7