The Truth and Reconciliation Commission (Grade 12 NSC Matric History): Revision Notes

The Truth and Reconciliation Commission

Introduction: choosing how to deal with the past

After apartheid ended, South Africa faced a crucial decision about how to address the terrible crimes committed during the apartheid era. The country had to choose between two different approaches to justice:

Retributive justice

Retributive justice focuses on punishment as the main response to crime. Under retributive justice:

• Offenders are tried in courts of law
• If found guilty, they receive punishments like imprisonment or death sentences
• The primary goal is to make offenders pay for their crimes

Restorative justice

Restorative justice moves away from focusing solely on punishment. Instead:

• Victims and perpetrators work together to find ways to heal from the harm caused
• The goal is to repair relationships and help society move forwards
• It emphasises truth-telling, acknowledgement of wrongdoing, and making amends

Origins and reasons for the TRC

Why the TRC was created

The idea for the TRC originally came from the African National Congress (ANC):

• After liberation organisations were unbanned, the ANC faced accusations about human rights abuses in its military training camps in Tanzania and other parts of southern Africa
• The ANC conducted an internal inquiry and discovered that human rights violations had indeed occurred in their camps
• Rather than seeking blanket amnesty for itself, the ANC called for an independent truth commission to hold everyone accountable for past actions

The options facing South Africa

The new democratic government had limited choices for dealing with the past:

Option 1: Blanket amnesty

• This would mean no one would be prosecuted for past crimes
• This was unacceptable because it would deny justice to victims

Option 2: Criminal prosecutions

• This would mean trying apartheid perpetrators in court
• However, this wasn't practical because the ANC still needed the cooperation of the apartheid security forces to ensure peaceful elections and a stable transition to democracy

What was the TRC?

The TRC was essentially a political compromise designed to promote national reconciliation. Here are its key features:

Legal foundation

• Created by the Promotion of National Unity and Reconciliation Act of 1995
• Chaired by Archbishop Desmond Tutu, assisted by 17 commissioners
• The world's first truth commission to hold public hearings and publish its findings

Unique characteristics

Time period and scope

• The TRC investigated human rights violations between 1960 and 1993
• It had a limited time period of two years to complete its work
• Hearings began in early 1996 in community halls across cities, towns, and townships

The three committees of the TRC

The TRC was organised into three separate committees, each with specific responsibilities:

1. Committee on Human Rights Violations (HRVC)

Purpose: To hear public testimonies from victims of gross human rights abuses

• This was not a court of law
• Investigated human rights violations between 1960 and 1994
• Based its work on statements from victims and their families
• Travelling commissioners took testimony from those who had suffered abuses
• Gathered information about atrocities that had been committed

2. Committee on Amnesty

Purpose: To grant amnesty from prosecution under specific conditions

• Operated as a legal process with judges, advocates and attorneys
• Unlike HRVC hearings, witnesses and applicants were entitled to legal representation
• All evidence was tested through cross-examination
• Could subpoena witnesses
• Key function: Ensure amnesty applications met the strict requirements of the TRC Act

3. Committee on Reparation and Rehabilitation

Purpose: To recommend how victims should be compensated

• Investigated cases and provided support to victims
• Gave support to ensure the Truth Commission process restored dignity to victims
• Recommended a system of reparations to the government
• A President's Fund was established to pay urgent interim reparations to victims

The hearing process

Human Rights Violations Committee hearings

The HRVC hearings were the most visible part of the TRC process:

• Started: 16 April 1996 in East London city hall
• Format: Held in community halls around South Africa
• Preparation: Before each hearing, witnesses met with commission staff to make written statements

The hearings had several important outcomes:

• Symbolic participation: Only a small proportion of victims could actually appear at public hearings
• Healing process: The TRC publicly acknowledged victims' pain, and for many, being able to tell their stories began a process of healing and closure
• Forgiveness: In many cases, victims publicly forgave their perpetrators

Amnesty Committee hearings

• Legal process: Conducted as formal legal proceedings
• Unlike HRVC hearings, all participants were entitled to legal representation
• Evidence testing: All evidence was cross-examined thoroughly
• Primary function: Ensure amnesty applications complied with TRC Act provisions
• Consequences: If granted amnesty, perpetrators could not be prosecuted for those specific acts; if denied amnesty, they remained liable for prosecution

Special hearings

The TRC also held special hearings focusing on different sectors of society:

• Prisons, women, children
• State security, military and police
• Different political parties
• Media, medical profession
• Religious communities

Major findings of the TRC

The TRC's final report was handed to President Mandela in October 1998. The report contained five volumes of findings and reached several crucial conclusions:

Key findings about different parties:

Apartheid government (National Party under PW Botha):

• Apartheid was judged to be a crime against humanity
• The National Party government was found responsible for murder, torture, arson, abduction and sabotage
• De Klerk's government was criticised for 'third force' activities trying to disrupt pre-1994 negotiations

Liberation movements:

• Also found guilty of gross human rights violations
• The ANC was criticised for civilian casualties in MK (Umkhonto we Sizwe) operations
• Criticised for torture and executions in camps in exile and violence against opponents

Positive aspects of the TRC

The TRC as an instrument of reconciliation

The TRC achieved several important positive outcomes that helped South Africa's transition to democracy:

The TRC also created several important social outcomes:

• Cathartic experience: Telling stories and hearing confessions created a healing experience that began forgiveness and reconciliation between victims and perpetrators
• Closure: Brought closure to families who had lost loved ones
• Guilt and soul-searching: For some, there was a deep sense of guilt and reflexion

However, the TRC was not universally accepted. Many white South Africans accused the TRC of being a "witch-hunt" and claimed it would make reconciliation impossible.

Problems and criticisms of the TRC

Despite its achievements, the TRC faced significant criticisms and limitations:

Issues with amnesty provisions

Limited focus of the TRC mandate

The TRC's mandate was to investigate gross human rights violations, but this created several problems:

What was included:

• Individual cases of violence like murder and torture
• Focus on political activists and state security forces
• Specific acts of violence during the 1980s

What was excluded:

• Systemic apartheid violence: The apartheid system that destroyed millions of lives economically and psychologically was largely ignored
• Pass law violations: Those arrested for pass law violations weren't considered
• Forced removals: Victims of forced removals were ignored
• Bantu Education: Those who suffered under Bantu Education weren't included
• Psychological damage: The enormous psychological damage, particularly to those made to feel inferior, was not addressed

Reparations

The Reparations Committee's recommendations:

The Reparations Committee made two key recommendations:

• Urgent interim relief for victims (this was partially implemented)
• Full monetary compensation for every victim by the end of the TRC's term

The failure of reparations:

Responses of political parties to the TRC

The TRC's findings were controversial, and different political parties responded in various ways:

National Party and ANC:

Both parties were dissatisfied with the final TRC report and attempted to block its publication.

The Inkatha Freedom Party (IFP):

• Chief Mangosuthu Buthelezi rejected the TRC findings
• Refused to accept responsibility for acts of gross human rights abuse attributed to the IFP

The ANC:

• Objected to the possibility that the liberation struggle would be criminalised
• Lodged an appeal to stop the report being handed over to President Mandela
• However, the hand-over proceeded as planned