On 5 December 1979 the SWA National Assembly adopted proposals put forward by the Administrator General, granting an "amnesty" to SWAPO guerillas. As has been the case with "amnesty" or "cease-fire" proposals put forward in the past by the illegal regime in Rhodesia, the Namibian arrangements are hedged about with qualifications and in fact amount to little more than a call to surrender. As such they have been condemned by SWAPO itself.
Under the terms of the proposals, persons who have been involved in "terrorist activities" in the Territory and voluntarily give themselves up to the Military Police or another government authority will be granted an indemnity certificate. They will, however, have to voluntarily subject themselves to 30 days in detention for the purposes of identification, health measures and the process of re-admission to civilian life. The certificate will be issued by the Administrator General or a person authorised by him. No civil or criminal action in a court of law or other court, and no detention order in terms of any Act will be carried out against the holder of the certificate for activities that occurred prior to the issuing of the certificate. The indemnity arrangements will not be applicable to those who have caused deaths or serious bodily harm other than in armed combat with the security forces.
Demands by members of the National Assembly that the amnesty should be extended to political prisoners on Robben Island and to those still held in detention since being captured during the South African raid on Cassinga in Angola in May 1978 were rejected by the Administrator General, Dr. Viljoen. Dr. Viljoen said that since taking office he had made a thorough study of SWAPO members being held on Robben Island, and the possibility of granting them amnesty. "I am convinced that this is not desirable at this stage" he said. "The offer of amnesty guarantees that people will not be prosecuted as a result of their deeds. The inmates of Robben Island have been convicted by courts of law for crimes. For that reason, they did not qualify".
In a statement criticising the proposals, SWAPO pointed out that SWAPO detainees were still being held under various security proclamations and had never been brought to trial. The statement accused the Administrator General of trying to create dissension within SWAPO. He was "a man who is in favour of the arrest of SWAPO members and supporters without trial, and on the other hand is trying to be Mr. Amnesty towards us".
Other political groups such as the Namibian National Front and SWAPO Democrats said that the amnesty proposals held little credibility while SWAPO detainees and prisoners of war were still being held in custody without being brought to trial. They described the move by the Administrator General as a publicity stunt and as an obvious attempt to bring about the disintegration of SWAPO. Legislation based on the proposals is expected to be tabled in the Assembly in early 1980.
