De Klerk Proposes Controversial Amnesty Law : South Africa: The plan would empower him to pardon security officers and others for political crimes--without giving details. ANC opposes it.

Ignoring objections from the African National Congress, President Frederik W. de Klerk proposed a new law Friday that will give him the power to grant amnesty to members of his own security forces and others who may have committed political crimes.

The bill, virtually assured of approval in the government-controlled Parliament, would set up a De Klerk-appointed board to hear, in secret, amnesty applications from South Africans across the political spectrum and then make recommendations to the president.

In effect, it would allow De Klerk to pardon government officials for crimes committed with a “political objective”--and to withhold the specifics of those crimes from the public.

The issue of political amnesty for government officials, at least some of whom may still occupy important positions in De Klerk’s security establishment, has been a particularly contentious one. Government opponents say the new law is the latest in a series of attempts by De Klerk to be “both player and referee” during negotiations for a new constitution.

The ANC contends that De Klerk does not have the moral authority to pardon his own underlings. It says it does not, in principle, object to an amnesty for government officials. But ANC President Nelson Mandela has said that any such amnesty should be the responsibility of a new, democratically elected government--and should be granted only to officials who publicly confess their crimes.

“There can be no final reconciliation and forgiveness until there has been disclosure in full,” said Dave Dalling, an independent white member of Parliament who recently joined the ANC. “Those responsible for ordering the many murders, as well as those who committed them, must be exposed to the glare of public awareness.”

The ANC and other political analysts see the new amnesty law as an attempt to cover up past government involvement in political crimes, including assassinations of anti-apartheid activists. De Klerk’s ruling National Party remains in control of the country and the black majority still is denied a vote.

ANC officials have vowed that, if they attain power in the future, they will nullify any amnesties granted without their approval. But they admit that they may never get that chance to overturn any De Klerk-approved amnesties. Although the ANC is the largest black opposition group in the country, it may lack the votes necessary to impose its will on any future government.

The government’s justice minister, Hendrik J. (Kobie) Coetsee, downplayed the broad effects of the legislation Friday, saying it was merely meant “to supplement existing procedures.” He noted that it is not a blanket amnesty, which he said the government agreed would have to be negotiated with the ANC and other black and white leaders.

Coetsee said one purpose of the bill is to provide a legal foundation for the release of hundreds of ANC-supporting political prisoners, as agreed during the De Klerk-Mandela summit last month.

But the bill also will give De Klerk the authority to grant amnesty, on a case-by-case basis, to prisoners, defendants and people who have never been charged. The only criteria will be that the offense was committed before Oct. 8, 1990, and that the offender “advised, directed, commanded, ordered or performed” an act “with a political object.”

De Klerk will not be bound by the recommendations of his advisory board. And, if an applicant fails to gain amnesty, none of the evidence presented during the board hearings can be used against him later in court.

Each amnesty recipient’s name would be made public, under provisions of the bill, but De Klerk would not be required to reveal anything about the crimes.

Justice Minister Coetsee stressed that the law will apply equally to people of all political beliefs, from right-wing whites to left-wing blacks. And it is expected that at least some ANC members, now in exile, will be granted amnesty under the new law.

The government has freed more than 1,300 political prisoners and granted amnesty to more than 9,000 people in the past year, under agreements reached with the ANC. And although some of the political prisoners released have been right-wing whites, who committed crimes in support of apartheid, the government has yet to grant amnesty to any government officials.

Human rights organizations have counted more than 70 assassinations of anti-apartheid activists in the past two decades, and ANC leaders have charged that there was government involvement in many of those deaths.