THE TRUTH AND RECONCILIATION COMMISSION

The Truth and Reconciliation Commission:

success or failure?

by

Varushka Jardine

A mini-dissertation submitted in partial fulfilment of the requirements for the degree

MASTER HEREDITATIS CULTURAEQUE SCIENTIAE (HISTORY)

in the

Department of Historical and Heritage Studies

University of Pretoria

Faculty of Humanities

Supervisor: Dr J.E.H. Grobler

Co-supervisor: Mr M.L. Thotse

December 2008

? University of Pretoria

SUMMARY

The South African Truth Commission was different to any other commission held in the

past. The Commission had to balance the scales between a painful past and a peaceful

future. The task in itself was not an easy one, considering the fact that the apartheid years

spanned over many decades. It certainly was not an easy task to maintain a balance

between blanket amnesty and legal prosecutions. This middle of the road policy leveled

much criticism from all sides, ranging form political parties to victims and their families

and the general public. However, the policy on amnesty was a crucial aspect in balancing

the past with that of the future.

Although the TRC had achieved its objectives, it had many shortcomings ranging from its

original mandate, its workings right through to the final recommendations. The scope of

the Commission was far too wide considering the fact that they had to cover human rights

abuses spanning over the years 1960 to 1994. The mandated period for them to complete

their task was very limited if one considers the fact that this was a unique Commission

and many people had to be trained to carry out tasks especially on lower levels. The

Committees established by the Commission did not have clear methods of working and

the coordination between them was poor.

The methodology followed by the TRC was flawed but we need to take time and consider

the enormity of the task at hand. It was not only a transitional phase for the people of

South Africa but for the new government as well. The TRC was not a well planned

process. However one has to also consider that accountability had to be done as soon as

possible or it would have lost its essence. Issues had to be faced as soon as possible.

The Commission also received criticism for allowing religion into its doors, mainly

Christian theology. However, in some ways, one has to consider the fact that most people

who were affected by apartheid were Christian and they found comfort in the practice of

the Commission.

1

The National Party had to be accountable and yes, as leaders they should have apologized

for what had happened. This should have been a point of issue for the Commission and

one of the areas where they had failed to act.

Notwithstanding all the negative aspects of the Truth and Reconciliation Commission

much positivism brought to the country as a whole, sections of society and to individuals.

Nothing short of a miracle can heal a country. The terms of reconciliation, forgiving and

healing became acceptable terms to many who were affected by the period of apartheid.

South African history was given an opportunity to be recorded. People were given an

opportunity to clear their conscious and find peace in truth. For the first time it was

possible to see beyond the pain that many had suffered. As a country we would have been

much poorer had the truth not been told. I believe it was truly a necessary part of our

history.

Key terms:

Truth

Reconciliation

Apartheid

Commission

Healing

Reparations

Amnesty

Rehabilitation

Suffering

Restorative justice

Nation-building

2

Acknowledgements

I would like to thank my supervisor, Dr J.E.H. Grobler, for all the assistance given to me

while working on this mini-thesis and for all his patience.

I would also like to thank my mother, Gwen Mooloo, for all her assistance and my

husband Abdul Sammad for his patience and help.

This paper would have made my father Anand Mooloo very proud so I dedicate this work

to his memory.

Varushka Jardine

11 December 2008

i

CONTENTS

Title Page

Summary

Acknowledgements

iii

Abbreviations used in the text

iv

Chapter 1

INTRODUCTION

1

Chapter 2

BACKGROUND TO THE TRC

2.1. Establishment of the TRC

5

2.2. What is reconciliation?

9

2.3. Why should we face the past?

13

Chapter 3

SUB-COMMITTEES OF THE TRC

3.1. COMMITTEE ON HUMAN RIGHTS VIOLATIONS

21

3.2. COMMITTEE ON AMNESTY

21

3.3. COMMITTEE ON REPARATIONS AND REHABILITATION

29

Chapter 4

THE MANDATE OF THE TRC

4.1 Infocomm

31

4.2 Different types of truth

34

4.3 Limitations on the mandate of the TRC

38

ii

 ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download