HOW DID THE TRUTH AND RECONCILIATION coMMlssloN (TRc) FACE THE PAST AND DEAL WITH THE FUTURE?

The Truth and Reconciliation Commission (TRC) .AIex Boraine and Archbishop Desrnond ;, Tutu who were appointed to chair the TRC"# tn 1995 the Truth and Reconciliation Commission (TRC) was set up by the parlia- ment in terms of the promotion of National Unity and Reconciliation Act (Act 34 of 1995). Archbishop was appointed Chairperson of the TRC and Dr the Vice Chairperson. The Commission was to last for about two years and was to deal with gross human rights violations that occurred between 1 March 1960 and 10 May 1994. The new constitution of South Africa required that the Truth and Reconciliation Commission (TRC) be established. It was an attempt to ensure that the truth con- cerning human rights violations in our country was not suppressed or forgotten. lnstead, it should be investigated, recorded and made known to the broader public. lf perpetrators of gross human rights did not voluntarily disclose information to the TRC they were liable for prosecution. The TSC foas also tasked to suggest and make proposals on how victims were to be compen- sated.' o Ultimateiy, the main aim of the TRC was to develop a culture of humah rights in our country so that the suffering and injustices of the past never occurs again.

The foltowing is a diagrammatic representation of the structurem of the TRC.

. Offered people who o Offered people who have suftered gross human committed human rights rights violations a abuses ine opportunity to chance to tell their sto- apply for amnesty i.e. ries. protection from prosecution if o Would investigate gross they reveal the tr uth. human rights violations. o Anybody may qualify for o Ascertain who was amnesty if there was a political responsible for these reason for what they did, violations. o They must tell the Committee o Find out how and why everything they know that they happened. occurred between 1. March c Hold public meetings. 1960 and 10 May 1994.

. To establish what harm the victims of gross human rights violations suffered and what effects it had on their families and dependents. . Provide emotional support to victims and witnesses before, during and after the hearings. Consult communities and individuals on the impact,of violations on their iives. r Recommended to the President what type of reparation and rehabilitation should be made in order to heal the wounds of the past. o To ensure that the violations which occurred are not repeated in the future.

HEW OEHERATIOH HISTORY &R*9E I2 The work of the TRG

. The TRC conducted hearings in every province throughout the country, from 22 April to 14 November 1996. . lt heard several terrifying stories of how political activists were killed. The following is a case study about Griffiths Mxenge a prominent ANG activist and Durban civil rights attorney.

The following extract taken from in South Africa states how Ghurchill Mxenge, brother of Griffiths responded to the TRC.

i5Tn6t6gfepH*sH6ws'n6w activists wefe tor- tured by members of the South African security police. This was a mock demonstration at the TRC. Taken from South Africa 1948-94: The Rise and Fall of Apartheid.

(a) Why do you think the TRC rejected the evidence of Goetzee and Nofom ela? (b) Comment on wheth' er Churchill Mxenge was justified in his response to the TRC.

Thousands of testimonies were heard m" throughout South Africa. Some testi- monies revealed the brutal methods employed by the agents of apartheid used to suppress resistance activists.

HET'T SEHERATIOil HISTORY ORAOE t2 ln his book, Beyond the Miracle, Allister Sparks stated:

A cartoon by Zapiro entitled the TRC Scales Mount Evidence". As rH6 -rRc *c-Ar-aa rtAouNT EVlDtNct ....

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ffiffifrfi The aftermath of the TRC: forgiveness and reparations

Let us look at the outcomes of TRC process.

The TRC was congratulated and hailed for its signiflcant contribution in healing the past and building a united nation. For the more than 2'1 000 victims that were heard, the TRC played a significant role in acknowl- edging the pain, humiliation and suffering that people endured' After seven years of hearings the TRC cost 70 million rand. lt presented parliament with two vol- umes of its reports in April 2003. lt consisted of 21000 victim's statements which related 1o.38000 incidents and the killings of at least 14000 people. President Thabo Mbeki stated the following in a speech in 1999 regarding the TRC procegsl

The TRC's main finding was that most of the atrocities were conducted by the agents of the apartheid regime, these included the planting of bombs, the murder of political activists and innumerable deaths of people who died in detention. lt was also established that those who were fighting the apartheid regime had also committed gross human rights violations such as the 'necklacing' of people and the killing of innocent civilians. iIEW OEiIERATIOH TIISTORY SRADE r2 ffi. After the hearings it was estirnated.trat 19 144 victims (the majority were Africans) were subject- ed to apartheid era atrociiles- The-democratically elected government decided to heed the call from the TRC and all victirns were given a once-off reparation payment of R30 000 each. De Klerk on the otherhand, iitated.Uat the TRC was a wasteful process because it tried to humil- iate him while some senior leaders Within the ANC refused to apply for amnesty. following are two viewpoints on the TRC:

It becomes ctear that the expectations of some in the ANC were that the TRC would con- demn the National Party and its many allies for their inhuman policies and that the ANC would emerge as the hero that had stopped the villain in its tracks and ushered in a new democracy with a human face. Such expectations are understandable, and I have strong sympathy with them. But the goal of the TRC was to hold up a minor to reflect the complete picture...

The TRC focus fett squarely on victims and perpetrators and therefore had the unfortunate and costly consequence of absolving most white South Africans who enioyed social power without questioningifs racrsf foundations .... lt would seem, therefore that South Africa still requires a national initiative that witl encourage accountability and responsibility amongst all South Afrtcans...

Explain how Boraine and Macdonald viewed the TRC. tn your words, comment on any similarities or differences in their views regarding the TRG.

The final TRC report was hand- This is a photograph of Archbishop Tutu handing over the ed over to President Nelson final TRC reports to President in 1 998. Mandela in Pretoria on 29 December 1998. lt was a well intended initiative, in keeping with the constitution. However, it was surrounded by several controversies and there has been debate about its ability to provide a realisable truth and reconciliation process, in the attempt to heal the nation and develop a united South Africa. The TRC was an invaluable attempt at humanising and heal- ing the South African nation.

HEW OEilERATIOT{ HlSTORY ORAOE l2 This following extract from 's, Country of My Skull, gives a critique of the TRC:

The Second Democratic Electioh, 1999

ln terms of the Constitution, a general election has to be called every five years. The second democratic election in South Africa took place in June 1999 with the ANC obtaining a parliamen- tary majority. After intense campaigning the ANC won the election with an overwhelming majority.

Nelson Mandela and Thabo Mbeki during an ANC election campaign-in 1999. Taken from Age of Hope.

At a meeting of the NationalAssembly, the Deputy President Thabo Mvuyelwa Mbeki, was elect- ed unopposed by the 400 members, to becom'e new head of state. a On 16 iune i999 Nelson Mancjeia, affectionately known as Madiba (Fatheiof the Nation) handed over his presidency to Thabo Mbeki. The theme of the inauguration was "Faranani (Join Hands): Towards the African Century" and this was an early signal of Thabo Mbeki's commit- ment to bringing about an African Renaissance.

CONCLUSION: HAS SOUTH AFRICA EMERGED AS A DEMOCRACY FROM THE CRISES OF THE 1990s?

The period 1990 to 1994 has been referred to by some pr"ogressive historians as the turning point in South Africa's history and was indeed the nation's final step to democracy and freedom. The realisation of South Africa's first democratic election and the installation of Nelson Mandela as our country's first black president was indeed a significant milestone. The birth of a new nation was welcomed internationally as a 'miracle' and South Africa has since become synonymous with the notion of 'peace, reconciliation and a shared destiny'. Archbishop Desmond Tutu aptly summed up South Africa's diversity: 'l still believe we are the rainbow people. Why not? lthin( we are doing remarkably well in learning to live together...' As citizens of a new democratic South Africa, it is up to each and everyone of us, both young and old, black or white, to make a meaningful contribution to the groMh and development of all aspects of our society. Hopefully, the struggles of the past and the challenges of the present, will lead to a life of economic stability, peace and prosperity for our children, the new generation! ilEW OE}IERATION TTISTORY $3AOE I2 m.