Topic 5: THE ROAD TO Topic 5: THE ROAD TO DEMOCRACY : TRCDEMOCRACY : TRC

The new SA deals with the The new SA deals with the past and the futurepast and the future

Problems:Problems:• Legacy of Inequalities (social and Legacy of Inequalities (social and

economic)economic)• Bitter memories of pastBitter memories of past• Social divisions (hatred)Social divisions (hatred)• High expectations of publicHigh expectations of public

Structures to address Structures to address problems:problems:• RDP / GEARRDP / GEAR• TRCTRC• Land Claims CourtLand Claims Court

Social and economic equality Social and economic equality through programmes:through programmes:• RDP : Reconstruction and RDP : Reconstruction and

Development Programme Development Programme • GEAR: Growth, Employment and GEAR: Growth, Employment and

Redistribution PolicyRedistribution Policy• Land Claims CourtLand Claims Court

Healing divisions of the pastHealing divisions of the past• TRC : Truth and TRC : Truth and

Reconciliation Reconciliation CommissionCommission

1. The Reconstruction and 1. The Reconstruction and Development Programme Development Programme (RDP)(RDP)• A socio-economic plan to restructure A socio-economic plan to restructure

societysociety• Aim: to correct inequalities created Aim: to correct inequalities created

by discriminationby discrimination• Projects: healthcare, welfare, Projects: healthcare, welfare,

education, housing, land, water and education, housing, land, water and urban renewalurban renewal

Successes of RDP:Successes of RDP:• Provision of water in Provision of water in

remote areasremote areas• Electricity in townshipsElectricity in townships• Free healthcare for young Free healthcare for young

children; clinics in rural children; clinics in rural areasareas

• HousingHousing

But RDP achieved less thanBut RDP achieved less thanmany had hopedmany had hoped• Biggest problem – not Biggest problem – not

enough money to deal with enough money to deal with backlogbacklog

GEARGEAR 1997: Replaced by new 1997: Replaced by new

economiceconomicpolicy: Growth, Employment andpolicy: Growth, Employment andRedistribution Policy (GEAR):Redistribution Policy (GEAR):• stressed free market stressed free market

capitalism and privatization capitalism and privatization of state enterprisesof state enterprises

• Supporters of GEAR claimed Supporters of GEAR claimed that:that:

• It would attract overseas It would attract overseas investment, promote job investment, promote job creation, encourage creation, encourage economic growth, and make economic growth, and make SA competitive in global SA competitive in global economyeconomy

• Critics of GEAR said that: it Critics of GEAR said that: it would not correct imbalances would not correct imbalances of pastof past

2. The Land Claims Court2. The Land Claims Court

Problems about land:Problems about land:• Most farmland owned by white Most farmland owned by white

commercial farmerscommercial farmers• Over 4 million people had been Over 4 million people had been

forcibly removed from land or housesforcibly removed from land or houses

1994: Establishment of Land 1994: Establishment of Land Claims Commission:Claims Commission:• To investigate land claims going back to 1913To investigate land claims going back to 1913• To draw up procedures for fair hearings and To draw up procedures for fair hearings and

fair compensationfair compensation• Land Claims Court to handle disputesLand Claims Court to handle disputes• People (or descendants) had different optionsPeople (or descendants) had different options• Could claim from government, not present Could claim from government, not present

ownersowners• System based on voluntary agreements System based on voluntary agreements

between sellers and governmentbetween sellers and government

1995: Land reform 1995: Land reform • 1995: Land reform (Labour Tenants 1995: Land reform (Labour Tenants

Act): protection for farm workers Act): protection for farm workers from eviction; financial assistance to from eviction; financial assistance to buy landbuy land

Successes and criticisms:Successes and criticisms:• Successes: By Successes: By

September 2003, September 2003, 62% of land claims 62% of land claims settledsettled

• Criticisms: many Criticisms: many angry about slow angry about slow pace of change; pace of change; insufficient funding insufficient funding for government to for government to buy back landbuy back land

TRANSITIONAL JUSTICETRANSITIONAL JUSTICE• THE WAY SOCIETY HEALS AND SEEKS JUSTICE AFTER THE WAY SOCIETY HEALS AND SEEKS JUSTICE AFTER

PERIOD OF WAR OR TYRANNYPERIOD OF WAR OR TYRANNY• NUREMBURG TRIALS—RETRIBUTION NUREMBURG TRIALS—RETRIBUTION • WORLD TRUTH AND RECONCILIATION COMMISSIONS WORLD TRUTH AND RECONCILIATION COMMISSIONS • 1. MET BEHIND CLOSED DOORS 1. MET BEHIND CLOSED DOORS • 2. GRANTED BLANKET AMNESTY (Chile & Argentina)2. GRANTED BLANKET AMNESTY (Chile & Argentina)• 3. GRANTED REPARATIONS (Chile, Sri Lanka)3. GRANTED REPARATIONS (Chile, Sri Lanka)• TRUTH AND RECONCILIATION—SOUTH AFRICA, THE NEW TRUTH AND RECONCILIATION—SOUTH AFRICA, THE NEW

MODELMODEL• 1. MEETINGS OPEN & TELEVISED & RECORDED1. MEETINGS OPEN & TELEVISED & RECORDED• 2. AMNESTY CASE BY CASE BASIS2. AMNESTY CASE BY CASE BASIS

3. The Truth and reconciliation 3. The Truth and reconciliation Commission (TRC)Commission (TRC)

• 1995: TRC 1995: TRC established under established under chairmanship of chairmanship of Desmond TutuDesmond Tutu

• AFRICAN AFRICAN PROVERB: PROVERB: “TRUTH IS GOOD, “TRUTH IS GOOD, BUT NOT ALL BUT NOT ALL TRUTH IS GOOD TO TRUTH IS GOOD TO SAY.”SAY.”

TRC chair Desmond Tutu and committee member Pumla Gobodo-Madikizela at the TRC hearings.Photo: IRIS FILMS

Truth CommissionTruth Commission• Promotion of National Unity and Reconciliation Act 34 of 1995Promotion of National Unity and Reconciliation Act 34 of 1995• Initial proposal was for a blanket amnesty Initial proposal was for a blanket amnesty –– secrecy about the secrecy about the

actions that were the subject of applications for amnesty. actions that were the subject of applications for amnesty. • Replaced by Truth Commission Replaced by Truth Commission –– An individuated approach to An individuated approach to

amnesty. Victims encouraged to tell their stories by the prospect amnesty. Victims encouraged to tell their stories by the prospect of reparations.of reparations.

• Lost their right to bring civil claims against amnestied perpetratorsLost their right to bring civil claims against amnestied perpetrators• Perpetrators would get amnesty only if they made full disclosure, Perpetrators would get amnesty only if they made full disclosure,

had a political motive for their actions and their conduct was had a political motive for their actions and their conduct was proportionate. proportionate.

• The brief of the Commission was to investigate gross human rights The brief of the Commission was to investigate gross human rights abuses perpetrated between 1 March 1960 to 5 December 1993. abuses perpetrated between 1 March 1960 to 5 December 1993.

• The Commission had powers to compel evidence and testimony The Commission had powers to compel evidence and testimony where this was not voluntarily provided. where this was not voluntarily provided.

AimsAims• To investigate human To investigate human

rights violations rights violations under apartheidunder apartheid

• To recommend To recommend compensation for compensation for victimsvictims

• To grant amnesty to To grant amnesty to perpetrators under perpetrators under certain conditionscertain conditions

ReconciliationJustice

•Investigation•Uncovering the truth•Social Justice

Truth•Acknowledgement•Transparency•Accountability

Reparation•Restitution•Compensation•Rehabilitation•Satisfaction•Guarantee of non- repetition

PeaceWith impunity = NegativeEnding Impunity = Positive

Addressing impunity through TRCAddressing impunity through TRC TRC exalt values such as- truth, justice, reconciliation, nation building, TRC exalt values such as- truth, justice, reconciliation, nation building, healing, and moving forward (can be useful tool to rebuild divided healing, and moving forward (can be useful tool to rebuild divided society)society)

PurposePurpose• Purpose: to use Purpose: to use

knowledge of truth knowledge of truth to bring about to bring about national national reconciliationreconciliation

• TRC not a court of TRC not a court of law – could not law – could not prosecute or hand prosecute or hand out judgementsout judgements

The first witness before the Truth and Reconciliation Commission is sworn in at the panel's first hearing, in April 1996. (Pool Photo Mike Hutchings)

TRC had three committees:TRC had three committees:• Committee on Human Rights Violations – public testimonies by victims Committee on Human Rights Violations – public testimonies by victims

of gross abuses of human rightsof gross abuses of human rights• Committee on reparation and Rehabilitation – investigated cases, gave Committee on reparation and Rehabilitation – investigated cases, gave

support and awarded reparationssupport and awarded reparations• Committee on Amnesty – could grant amnesty from prosecution under Committee on Amnesty – could grant amnesty from prosecution under

certain conditions (political motive, truth, acknowledgement, remorse)certain conditions (political motive, truth, acknowledgement, remorse)

HearingsHearings• TRC hearings TRC hearings

revealed high revealed high levels of violencelevels of violence

• Some wanted Some wanted revenge; others revenge; others compensation; compensation; others the truthothers the truth

Eunice Miya (a Guguletu 7 mother) being comforted at the TRC hearings.Photo: IRIS FILMS

Criticisms and achievements of the TRCDifferences of opinion

aboutTRC: Criticisms• Some wanted war

crimes tribunals• Some victims angry that

perpetrators escaped punishment

• Some wanted justice, not simply the truth

• Issue of amnesty controversial

Link between the TRC and nation-buildingDifferences of

opinionAbout TRC: Criticisms• Some believed that

TRC was essential for nation-building

• Others questioned this idea

CONTROVERSIES AROUND CONTROVERSIES AROUND TRCTRC

Amnesty: controversiesAmnesty: controversiesNegativesNegatives•Perpetrators escaped Perpetrators escaped punishmentpunishment•Victims wanted justice Victims wanted justice through courtsthrough courts•Perpetrators walked freePerpetrators walked free•Not many applicant came Not many applicant came forwardforward•No remorse shownNo remorse shown•Some used amnesty to get Some used amnesty to get out of jailout of jail•Leading figures refused to Leading figures refused to admit wrongdoingadmit wrongdoing

PositivesPositives•Meeting face to face, Meeting face to face, hearing stories of the hearing stories of the “other” helped people “other” helped people to move forwardto move forward•Testimonies helped Testimonies helped commission to commission to investigate furtherinvestigate further•More truth revealedMore truth revealed

Selective focus: controversySelective focus: controversyNegativesNegatives•Focused mainly on Focused mainly on ‘80s‘80s•Less focus on earlier Less focus on earlier phasesphases•Sometimes failed to Sometimes failed to force people to give force people to give evidence evidence •Limited investigation Limited investigation of institutionsof institutions

PositivesPositives•TRC could compel TRC could compel people to give people to give evidenceevidence•Special hearings Special hearings from some groups / from some groups / institutionsinstitutions

Reparations: controversyReparations: controversyNegativesNegatives•Money cannot make Money cannot make up for apartheidup for apartheid•1998 many claims 1998 many claims unprocessedunprocessed•Victims received very Victims received very little compensationlittle compensation•Business and Business and perpetrators did not perpetrators did not contributecontribute

PositivesPositives•Reparations would Reparations would balance the balance the generosity of amnestygenerosity of amnesty•Non-financial Non-financial benefits: death benefits: death certificates, details certificates, details about remains, burialsabout remains, burials

RESPONSES OF POLITICAL RESPONSES OF POLITICAL PARTIESPARTIESNP GOVERNMENTNP GOVERNMENT•P.W. Botha refused to P.W. Botha refused to appearappear•De Klerk apologised, De Klerk apologised, but denied knowledge but denied knowledge of third forceof third force•Agents of apartheid Agents of apartheid implicated leaders, but implicated leaders, but seen as a scapegoatseen as a scapegoat

More cartoonsMore cartoons

RESPONSES OF POLITICAL RESPONSES OF POLITICAL PARTIESPARTIES• ANC and PAC• Angry that TRC did

not distinguish between crimes

• ANC only applied for amnesty after Tutu threatened to resign

• Tried to block publication of report

RESPONSES OF POLITICAL RESPONSES OF POLITICAL PARTIESPARTIESIFP•Felt TRC was biased towards ANC•However, 5 000 member made statements•Buthelezi felt it focused too much on government violence

RESPONSES OF POLITICAL RESPONSES OF POLITICAL PARTIESPARTIESIndividuals•Winnie Mandela testified, but showed no remorse (said situation in SA justified her actions)

1998: Findings of TRC:1998: Findings of TRC:• Interim report (1998), Final (2003)Interim report (1998), Final (2003)• NP governmentNP government of P.W. Botha of P.W. Botha

responsible for murder, torture, responsible for murder, torture, arson, abduction and sabotagearson, abduction and sabotage

• Criticized Criticized De Klerk’s government’sDe Klerk’s government’s for activities of “third force” in for activities of “third force” in attempt to disrupt pre-1994 attempt to disrupt pre-1994 negotiationsnegotiations

• Criticized Criticized ANCANC: civilian casualties : civilian casualties in MK operations; torture and in MK operations; torture and executions in camps in exile; use executions in camps in exile; use of violence against opponents of violence against opponents (IFP, rural chiefs)(IFP, rural chiefs)

• APLAAPLA criticised for attack on criticised for attack on civilianscivilians

Criticisms of findings:• Mbeki criticised

decision to investigate liberation movements

• De Klerk said it emphasized revenge, not reconciliation

• Buthelezi believed it favoured ANC’s version of events

Praise for the TRC:• Mandela believed it

laid foundation for reconciliation

• Tutu believed truth to be essential for reconciliation

Cartoon: FindingsCartoon: Findings

1167 applicants received amnesty

5392 applicants were refused amnesty

(362 after hearing)

Applicants included individuals of

various races

21 000 victims testified at the TRC

The South African Truth and Reconciliation Commission

Cartoons

Cartoons