Buried plan to pardon apartheid’s soldiers surfaces to haunt Mbeki
In September 2001, former president Thabo Mbeki was advised to establish a presidential commission comprising representatives of all parties to the apartheid conflict to investigate and fully document what had transpired and to consider collective amnesty for those who had acted on political or military instructions.
The recommendations are contained in a report drafted by a forum made up of then-deputy president Jacob Zuma, erstwhile minister of justice Penuell Maduna, and former chiefs of the South African Defence Force (SADF) Magnus Malan, Constand Viljoen, Georg Meiring and Johannes Geldenhuys.
The contents of the report and its treatment are likely to come up when Mbeki takes the stand on Monday at the Khampepe commission of inquiry, established by President Cyril Ramaphosa to investigate whether attempts were made between 2003 and the present to obstruct the investigation and prosecution of apartheid-era crimes identified by the Truth and Reconciliation Commission (TRC).
The report, among other things, recommends indemnity for “those particularly in the statutory forces who did not know that they committed what the TRC retrospectively called ‘gross violation of human rights’,” and amnesty for those who did know they committed illegal acts, particularly members of the liberation movement.
The report further embraces the concept of collective amnesty as a measure to foster national unity.
“In their submission to the TRC, the leaders of liberation movements as well as Mr PW Botha, General Magnus Malan, the SADF generals and Mr Adriaan Vlok had already accepted political and moral responsibility for all acts of the supporters and combatants under their command during the conflict of the past,” the report reads.
“Therefore the forum was of the opinion that the mentioned problematic situation could possibly be remedied by amending the TRC Act to provide not only for the principle of collective responsibility but also the granting of collective amnesty to certain groupings.
“This could provide a speedy and effective way for the leadership of the opposing forces to apply for all people under their command or administrative control. Present and former politicians and military leaders of opposing forces could play a great symbolic role in this.”
It is unclear what Mbeki’s attitude was towards these recommendations — a matter he might clarify in his two-day testimony this week.
The commission is investigating why people suspected of committing political crimes during apartheid, who were not granted amnesty by the TRC, were not prosecuted.
Mbeki’s appearance marks a significant moment for the inquiry, which is examining whether efforts to investigate and prosecute apartheid crimes were obstructed — with both he and Zuma having tried unsuccessfully to have the inquiry’s chair, Sisi Khampepe, recuse herself.
Mbeki is expected to deny that there was political interference in the investigation and prosecution of apartheid-era crimes. Instead, he is expected to blame prosecutors and the National Prosecuting Authority (NPA) inherited from the old order, arguing that they were intent on protecting those responsible for crimes committed under apartheid.
Mbeki has submitted an 82-page statement to the commission, in which he denies multiple claims, including that he held secret discussions with apartheid generals and former president FW de Klerk.
The former president is accused of political interference and influencing delays in prosecuting apartheid-era crimes by the Calata group. The group is led by the son of Lukhanyo Calata, whose father, Fort Calata, was among the Cradock Four murdered by apartheid Special Branch police in 1985.
The report, drafted by the forum, also sought to address what were found to be the shortcomings of the TRC’s final report. It said this could be done through presidential pardons, collective amnesty, constitutional amendments, separate new legislation and amendments to the TRC Act.
The document forms part of a 507-page submission to the Khampepe commission of inquiry.
In 2001, Geldenhuys was denied amnesty for attempting to free former Ciskei commander Charles Sebe from a Ciskei prison in 1986. He was also implicated in the murders of activists Dr Fabian Ribeiro and his wife, Florence. When he appeared before the TRC, Geldenhuys admitted knowledge of police involvement in the murders but denied authorising the killings of political activists.
According to an affidavit by Gabriele Mohale, manager of the Historical Papers Research Archive and special collections at Wits University, attorneys Webber Wentzel were alerted to the Geldenhuys papers after requesting the SADF Contact Bureau’s TRC submission.
Mohale said she informed the attorneys that the “Johannes Jacobus ‘Jannie’ Geldenhuys papers” were held by the historical papers research archive; the deposit was facilitated by retired police Brig Hennie Heymans.
“Webber Wentzel and the Foundation for Human Rights inspected the Geldenhuys collection on September 18 and 21 2026, copying several records,” said Mohale. Both collections are open for public access.
The bundle opens with a document titled “Memorandum to Mr Jacob Zuma, chairperson ANC, from General CL Viljoen (Vryheidsfront) The Road Ahead Towards Stability From the Truth and Reconciliation Committee,” dated May 28 1997.
Viljoen’s letter sets the context for the September 2001 proposal, beginning with the establishment of the forum. Other documents contained in the index of the bundle contain the documented narrative of Geldenhuys’ account of discussions with former security officials and correspondence to Mbeki, Maduna and Zuma. The index also identifies letters from political fixer and businessman Jürgen Kögl concerning the forum in 2002 and 2004.
The final document in the index contains a second version of a proposal addressed to: The President of the Republic of South Africa by a forum consisting of the deputy president, the minister of justice and the former chiefs of the SADF on the promotion of national unity and reconciliation.
The former chiefs were organised under the banner of the committee of the former chiefs of the SADF (referenced as CFCSADF in the documents).
It lays out that the forum agreed to the definition that: “A combatant in a war by definition was condemned as a soldier to perform permissible actions in war, which could be construed to be described as ‘violations of human rights’.
“It would, however, be absurd if soldiers in a war situation were to constantly fear prosecution because of their actions, their attempts to neutralise their perceived enemy, and just doing their job as soldiers.”
It also states that the task of the forum was to “investigate the possibility of pardon, absolvement, or amnesty, in whatever form or definition it may be applied”.
The proposal is introduced as a “result of discussions, investigations and deliberations at plenary sessions” between Mbeki [while still deputy president until his appointment as president], Zuma, Maduna and the CFCSADF.
They sought “definitive solutions in regard to some of the findings, recommendations, omissions and shortcomings contained in the final report of the Commission for Truth and Reconciliation, which was published in October 1998. The forum committed itself to finding legally and politically acceptable solutions.”
Highly critical of the TRC’s final report and recommendations, the proposal states that the TRC inadequately reflected submissions from opposing forces and failed to provide a complete account of the conflict, adding that it also contained factual inaccuracies.
It also claimed that corrections supplied by former SADF chiefs had been ignored and that later submissions from the ANC, former National Party leaders and SADF were absent or insufficiently considered.
It proposed that the TRC process excluded people who had failed to demonstrate qualifying political objectives, people who believed organisational or collective disclosures covered them, people who had not applied because they could not connect their acts with the required political objective, and people exposed to foreign prosecution.
The proposal offers recommended alternative options that would remedy the categories of people excluded through the TRC process.
Mbeki’s testimony this week will be followed by former minister of justice & constitutional development Brigitte Mabandla, former minister Ronnie Kasrils and former minister of defence Charles Nqakula, who are also scheduled to appear before the commission.
Maduna has already testified at the commission, telling it that he applied the law without fear or favour and never granted unlawful amnesty.
He did confirm a February 2003 meeting with former apartheid generals and then safety & security minister Charles Nqakula failed because the former generals demanded blanket immunity without full disclosure.