1. Topic 5: THE ROAD TO DEMOCRACY : TRC
The new SA deals with the past and the future

2. Problems: Legacy of Inequalities (social and economic)
Bitter memories of past
Social divisions (hatred)
High expectations of public

3. Structures to address problems:
RDP / GEAR
TRC
Land Claims Court

4. Social and economic equality through programmes:
RDP : Reconstruction and Development Programme
GEAR: Growth, Employment and Redistribution Policy
Land Claims Court

5. Healing divisions of the past
TRC : Truth and Reconciliation Commission

6. 1. The Reconstruction and Development Programme (RDP)
A socio-economic plan to restructure society
Aim: to correct inequalities created by discrimination
Projects: healthcare, welfare, education, housing, land, water and urban renewal

7. Successes of RDP: Provision of water in remote areas
Electricity in townships
Free healthcare for young children; clinics in rural areas
Housing
But RDP achieved less than
many had hoped
Biggest problem – not enough money to deal with backlog

8. GEAR 1997: Replaced by new economic policy: Growth, Employment and
Redistribution Policy (GEAR):
stressed free market capitalism and privatization of state enterprises
Supporters of GEAR claimed that:
It would attract overseas investment, promote job creation, encourage economic growth, and make SA competitive in global economy
Critics of GEAR said that: it would not correct imbalances of past

9. 2. The Land Claims Court Problems about land:
Most farmland owned by white commercial farmers
Over 4 million people had been forcibly removed from land or houses

10. 1994: Establishment of Land Claims Commission:
To investigate land claims going back to 1913
To draw up procedures for fair hearings and fair compensation
Land Claims Court to handle disputes
People (or descendants) had different options
Could claim from government, not present owners
System based on voluntary agreements between sellers and government

11. 1995: Land reform
1995: Land reform (Labour Tenants Act): protection for farm workers from eviction; financial assistance to buy land

12. Successes and criticisms:
Successes: By September 2003, 62% of land claims settled
Criticisms: many angry about slow pace of change; insufficient funding for government to buy back land

13. TRANSITIONAL JUSTICE
THE WAY SOCIETY HEALS AND SEEKS JUSTICE AFTER PERIOD OF WAR OR TYRANNY
NUREMBURG TRIALS—RETRIBUTION
WORLD TRUTH AND RECONCILIATION COMMISSIONS
1. MET BEHIND CLOSED DOORS
2. GRANTED BLANKET AMNESTY (Chile & Argentina)
3. GRANTED REPARATIONS (Chile, Sri Lanka)
TRUTH AND RECONCILIATION—SOUTH AFRICA, THE NEW MODEL
1. MEETINGS OPEN & TELEVISED & RECORDED
2. AMNESTY CASE BY CASE BASIS

14. 3. The Truth and reconciliation Commission (TRC)
1995: TRC established under chairmanship of Desmond Tutu
AFRICAN PROVERB: “TRUTH IS GOOD, BUT NOT ALL TRUTH IS GOOD TO SAY.”
TRC chair Desmond Tutu and committee member Pumla Gobodo-Madikizela at the TRC hearings. Photo: IRIS FILMS

15. Truth Commission
Promotion of National Unity and Reconciliation Act 34 of 1995
Initial proposal was for a blanket amnesty – secrecy about the actions that were the subject of applications for amnesty.
Replaced by Truth Commission – An individuated approach to amnesty. Victims encouraged to tell their stories by the prospect of reparations.
Lost their right to bring civil claims against amnestied perpetrators
Perpetrators would get amnesty only if they made full disclosure, had a political motive for their actions and their conduct was proportionate.
The brief of the Commission was to investigate gross human rights abuses perpetrated between 1 March 1960 to 5 December 1993.
The Commission had powers to compel evidence and testimony where this was not voluntarily provided.

16. Aims To investigate human rights violations under apartheid
To recommend compensation for victims
To grant amnesty to perpetrators under certain conditions

17. Addressing impunity through TRC TRC exalt values such as- truth, justice, reconciliation, nation building, healing, and moving forward (can be useful tool to rebuild divided society)
Truth
Acknowledgement
Transparency
Accountability
Reparation
Restitution
Compensation
Rehabilitation
Satisfaction
Guarantee of non- repetition
Reconciliation
Justice
Investigation
Uncovering the truth
Social Justice
Peace
With impunity = Negative
Ending Impunity = Positive

18. Purpose
Purpose: to use knowledge of truth to bring about national reconciliation
TRC not a court of law – could not prosecute or hand out 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)

19. TRC had three committees:
Committee on Human Rights Violations – public testimonies by victims of gross abuses of human rights
Committee on reparation and Rehabilitation – investigated cases, gave support and awarded reparations
Committee on Amnesty – could grant amnesty from prosecution under certain conditions (political motive, truth, acknowledgement, remorse)

20. Hearings TRC hearings revealed high levels of violence
Some wanted revenge; others compensation; others the truth
Eunice Miya (a Guguletu 7 mother) being comforted at the TRC hearings. Photo: IRIS FILMS

21. Criticisms and achievements of the TRC
Differences of opinion about
TRC: Criticisms
Some wanted war crimes tribunals
Some victims angry that perpetrators escaped punishment
Some wanted justice, not simply the truth
Issue of amnesty controversial

22. Link between the TRC and nation-building
Differences of opinion
About TRC: Criticisms
Some believed that TRC was essential for nation-building
Others questioned this idea

23. CONTROVERSIES AROUND TRC

24. Amnesty: controversies
Negatives
Perpetrators escaped punishment
Victims wanted justice through courts
Perpetrators walked free
Not many applicant came forward
No remorse shown
Some used amnesty to get out of jail
Leading figures refused to admit wrongdoing
Positives
Meeting face to face, hearing stories of the “other” helped people to move forward
Testimonies helped commission to investigate further
More truth revealed

25. Selective focus: controversy
Negatives
Focused mainly on ‘80s
Less focus on earlier phases
Sometimes failed to force people to give evidence
Limited investigation of institutions
Positives
TRC could compel people to give evidence
Special hearings from some groups / institutions

26. Reparations: controversy
Negatives
Money cannot make up for apartheid
1998 many claims unprocessed
Victims received very little compensation
Business and perpetrators did not contribute
Positives
Reparations would balance the generosity of amnesty
Non-financial benefits: death certificates, details about remains, burials

27. RESPONSES OF POLITICAL PARTIES
NP GOVERNMENT
P.W. Botha refused to appear
De Klerk apologised, but denied knowledge of third force
Agents of apartheid implicated leaders, but seen as a scapegoat

28. More cartoons

29. RESPONSES OF POLITICAL PARTIES
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

30. RESPONSES OF POLITICAL PARTIES
IFP
Felt TRC was biased towards ANC
However, member made statements
Buthelezi felt it focused too much on government violence

31. RESPONSES OF POLITICAL PARTIES
Individuals
Winnie Mandela testified, but showed no remorse (said situation in SA justified her actions)

32. 1998: Findings of TRC: Interim report (1998), Final (2003)
NP government of P.W. Botha responsible for murder, torture, arson, abduction and sabotage
Criticized De Klerk’s government’s for activities of “third force” in attempt to disrupt pre-1994 negotiations
Criticized ANC: civilian casualties in MK operations; torture and executions in camps in exile; use of violence against opponents (IFP, rural chiefs)
APLA criticised for attack on civilians

33. 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

34. Praise for the TRC:
Mandela believed it laid foundation for reconciliation
Tutu believed truth to be essential for reconciliation

35. Cartoon: Findings

36. Truth and Reconciliation Commission
The South African
Truth and Reconciliation Commission
1167 applicants received amnesty
5392 applicants were refused amnesty
(362 after hearing)
Applicants included individuals of
various races
victims testified at the TRC 36

37. Cartoons

38. Cartoons