Truth & Reconciliation Commission (TRC)

The Truth and Reconciliation Commission (TRC)

• Terrible deeds were committed by both sides during Apartheid.
• The new South Africa, post-April/May 1994, had to deal with this past.
• Many wounded South Africans had to live with painful histories.
• Forgetting the past would lead to repeating it, according to philosopher George Santayana.
• Archbishop Desmond Tutu chaired the TRC.
• The TRC made a significant contribution to how South Africans live together.
• Accountability is crucial in a democracy with respect for human rights.
• Those who do wrong must be held responsible.
• Accountability could deter future human rights violations.
• The TRC process was necessary, but blanket amnesty was rejected.

Conditional Amnesty and the TRC

• The cartoon depicts the National Party wanting blanket indemnity, while the new government decided on conditional amnesty.
• Conditional amnesty is further explained on page 304.
• The figures in the cartoon represent key figures from the Apartheid era.

Testimonies and the TRC

• Mzukisi Mdidimba's testimony reveals both crying and joy after sharing his experiences.
• The TRC's intention was to establish the truth of what happened in the past.
• This confirmed journalists' suspicions and helped families find the remains of loved ones.
• Rich Mkhondo, a journalist, highlights the importance of knowing what happened.
• During Apartheid, many white South Africans were unaware of the atrocities in the townships.

Perspectives on Forgiveness and the TRC

• Mrs. Mlangeni, mother of a victim, felt "dead" after her son's murder.
• Mr. Sithole, father of an ANC guerrilla, did not express surprise about his son's death, but questioned what those in power will do for the people his son fought for.
• The cartoons use the TRC to symbolize opening wounds to cleanse them, with Archbishop Tutu and Alex Boraine shown as key figures.

Retributive Justice vs. Restorative Justice

• After World War II, the Allied powers conducted the Nuremberg and Tokyo trials, an example of retributive justice.
• Retributive justice involves revenge or punishment.
• The idea of Nuremberg-style trials for Apartheid-era violations was rejected.
• The Nuremberg Trials were seen as "victor's justice."
• In South Africa, a negotiated settlement was necessary due to the power of the National Party's security forces.
• The interim constitution allowed for amnesty in the interest of reconciliation.
• Prosecuting all suspected violators would be too costly.
• Lack of evidence would make it difficult to establish guilt "beyond reasonable doubt."
• Trials would negatively affect reconciliation among South Africans.
• South Africa chose conditional amnesty, based on truth-telling.
• Conditional amnesty was based on Ubuntu, the African value.
• Ubuntu: "A person is a person through other people".
• Recognizing humanity in others helps us become fully human.
• The amnesty process sought to recognize the humanity of both victim and perpetrator.

Restorative Justice and the TRC

• Restorative justice aims to restore societal balance by considering both victim and perpetrator.
• Tutu described restorative justice as prioritizing healing over punishing.
• The goal was to deal with offenses in a way that was not more disruptive and aligned with the principles of Ubuntu.

TRC Hearings: Different Forms

• Hearings into gross human rights violations were held before Truth Commissioners.
• Victims and survivors testified, supported by 'briefers'.
• Testimony was translated into multiple languages.
• Amnesty hearings were held before the Amnesty Committee, chaired by judges.
• Applicants testified and were cross-examined, with legal representation.
• The Amnesty Committee was independent in its decision-making.
• Special hearings focused on institutions under Apartheid and specific issues like chemical warfare.
• The legal profession, healthcare sector, the armed forces, as well as the impact on women and the youth, were all discussed.
• The Reparation and Rehabilitation Committee discussed how to help victims rebuild their lives and government compensation.
• All three types of hearings were public and widely covered by media.

Archbishop Tutu on Justice

• Retributive justice gives impersonal punishment, but restorative justice is rooted in African jurisprudence.
• According to Tutu, the central concern is not retribution but healing, repairing divisions, and restoring relationships.
• Restorative justice rehabilitates both victim and perpetrator, reintegrating the latter into the community.
• Justice is served when there is healing, forgiveness, and reconciliation.

Case Study: The Mtimkulus

• Siphiwo Mtimkulu was poisoned and killed by security police.
• Gideon Nieuwoudt, a policeman involved, sought forgiveness from the family.
• The family refused to forgive him, with Siphiwo's son attacking Nieuwoudt.
• Eventually security officers were granted amnesty, because it was confirmed they had political motives.

Positive Aspects of the TRC: Reconciliation

• The TRC was established by the Promotion of National Unity and Reconciliation Act of 1995.
• It aimed to help achieve reconciliation among South Africans after Apartheid.
• True reconciliation is a long-term process.
• The TRC helped some victims and families forgive perpetrators, especially with remorse.
• Some established organizations for reconciliation between former oppressors (e.g., Amy Biehl Foundation).
• Public storytelling provided healing.
• Truthful perpetrator testimonies and locating victims' remains brought closure.
• The Commission was not intended to demand forgiveness, but rather to create the opportunity for those who were ready for it.
• Individual and national reconciliation are different, and political leader atonement were important.
• However, no act of atonement occurred between political leaders.
• The TRC contributed to acknowledgment, accountability, and responsibility.

Testimonies and Reconciliation

• CDF officers apologized for the Bisho Massacre, leading to applause from the crowd.
• A father from Amanzimtoti forgave the ANC for the limpet-mine blast that killed his son, viewing his son as a hero for freedom.