Truth and Reconciliation in South Africa The Fundamental Documents Selected, Introduced and Annotated by Erik Doxtader and Philippe-Joseph Salazar The Institute for Justice and Reconciliation is grateful to the Austrian Consulate General, Cape Town for financial assistance. First published 2007 © Institute for Justice and Reconciliation New Africa Books (Pty) Ltd 99 Garfield Road Claremont 7700 South Africa David Philip is an imprint of New Africa Books (Pty) Ltd. This book is copyright under the Berne Convention. In terms of the Copyright Act, No. 98 of 1978, no part of this book may be reproduced or transmitted in any form or by any means, electronic, or mechanical, including photocopying, recording or by any information storage and retrieval system, without permission in writing from the Publisher. ISBN 13 Digit: 978-0-86486-707-0 Editor: Layout and Design: Fresh Identity Cover photograph: Cover design: Fresh Identity Proofreader: Ingrid Brink Printed and bound in the Republic of South Africa by xxxxx Foreword The world remains fascinated by the South African political transition, of which the Truth and Reconciliation Commission (TRC) was an integral part. For nations wracked by internal division and conflict, the South African case is particularly intriguing given that the country averted a predicted bloodbath, despite being divided by 300 years of colonialism and nearly 50 years of statutory apartheid. In South Africa, the TRC process continues to be evaluated – both critically and with a view to augmenting the process of national reconciliation and nation building. In turn, the documentation produced by the Commission is being closely scrutinised, both for how it might add to the truth discovered by the TRC and as a way of understanding how and how well the Commission’s recommendations have been implemented in the 10 years since its first hearings in 1996. This publication forms part of a multi-pronged initiative by the Institute for Justice and Reconciliation to make TRC materials available to various sectors of society. This volume, designed and edited by Erik Doxtader and Philippe-Joseph Salazar, is an important contribution to this endeavour. It is a companion to the volume entitled South African Truth and Reconciliation in South Africa – Ten Years On. The documents also augment an interactive DVD containing selected material from the TRC that is being produced for use in the nation’s schools. This volume provides easy access to documents that reveal some of the historical antecedents and roots of the Commission, along with texts that detail key elements and moments of TRC’s work and which address responses by government and the public sector to the Commission’s efforts. The Institute is extremely grateful to the editors for the thoughtful and meticulous manner in which they have collected and edited this work. The volume is a resource for those wishing to understand the TRC and enter into the debate over the Commission’s continuing role in the ongoing South African transition. We are grateful to the South African National Archive for their permission to republish the majority of documents in this volume. With thanks, we also acknowledge those who facilitated the inclusion of several other texts, including those in the public domain. We further express our sincere appreciation to the Consulate General of Austria in Cape Town for their generous support in making this volume possible. Christine Kivinen has assisted us significantly. All royalties and other income that may result from this publication are to be donated to the President’s Fund. ChARLES VILLA-VICENCIo Executive Director Institute for Justice and Reconciliation Contents Abbreviations ....................................................... vii Section 2 The Theological and Political Roots of Introduction: The Road to Reconciliation Reconciliation in South Africa in South Africa .................................................... viii 6. Human Relations and the South African Scene in Light of the Scripture, General Synod of the Dutch Reformed Church, 1974 ........................ Part I 7. The Belhar Confession, Dutch Reformed The Grounds of South Africa’s Truth Mission Church in South Africa, and Reconciliation Commission 1982, 1986 ............................................................ Section 1 8. Desmond Tutu, Nobel Peace Prize Dealing with a Crime against Humanity Lecture, 1984 ........................................................ 1. The Policies of Apartheid of the Government of 9. The Kairos Document, 1985 .................................. South Africa, United Nations General Assembly Resolution, 1970 ................................ 10. Nelson Mandela, Letter to State President P.W. Botha, 1989 .................................................. 2. Epilogue, Interim Constitution of South Africa, 1993 ...................................................................... 11. F.W. de Klerk, Presidential Inaugural Address, 1989 ........................................................ 3. The Truth and Reconciliation Commission, Pamphlet created on behalf of the South 12. Kader Asmal, Sins of Apartheid Cannot Be African Ministry of Justice, 1995 ....................... Ignored, 1992 ....................................................... 4. The Promotion of National Unity and 13. Nelson Mandela, Presidential Inaugural Reconciliation Act, 1995 ........................................ Address, 1994 ....................................................... 5. Judgment in the matter of AZAPO, Biko, 14. Indemnity Act (1990) and The Further Indemnity Mxenge, Riberio v. The President of South Africa, Act (1992), Government of South Africa ......... The Government of South Africa, The Minister of Justice, The Minister of Safety and Security, The 15. National Executive Committee’s Response to the Chairperson of the Truth and Reconciliation Motsuenyane Commission’s Report, African Commission, Constitutional Court of South National Congress, 1993 .................................... Africa, 1996. ........................................................ Source Information and Additional Readings ........ 16. Statement on the Issue of Indemnity for Security 23. Busiswe Kewana and Thomzama Maliti, Forces Involved in Defending Apartheid, African Testimony to the human Rights Violations National Congress, 1994 .................................... Committee, 1996 ................................................ 17. Desmond Tutu, “Chairperson’s Forward,” 24. Hilda Levy, Testimony to the human Rights Truth and Reconciliation Commission of South Violations Committee, 1996.............................. Africa Report, 1998 .............................................. 25. John Deegan, Testimony at the TRC Special 18. “Concepts and Principles,” Truth and hearing on Conscription, 1997 ......................... Reconciliation Commission of South Africa Report, 1998 ......................................................... 26. Nozibonelo Maria Mxathule, Testimony at TRC Women’s hearing Convened by the Source Information and Additional Readings ......... human Rights Violations Committee, 1997 27. Quentin Cornelius and Michael January, Testimony to the Amnesty Committee Part II Regarding the heidelberg Tavern Massacre, 1997 ...................................................................... The Difficult Work of Finding Truth and Promoting Reconciliation 28. Analysis of Gross Violations of human Rights, Truth and Reconciliation Commission of South Section 3 Africa Report, 1998 ............................................... The Recounting of Suffering and the Findings of the TRC’s Human Rights Violations Committee 29. Consequences of Gross Violations of human, Truth and Reconciliation Commission of South 19. “Victims Findings,” Truth and Reconciliation Africa Report, 1998 .............................................. Commission of South Africa Report, 2003 ............. 30. Findings from Special hearings on Women, 20. “Coding Frame for Gross Violations of human Truth and Reconciliation Commission of South Rights,” Truth and Reconciliation Commission of Africa Report, 1998 .............................................. South Africa Report, 1998 ..................................... 31. Findings from Special hearing on Children 21. Joyce N. Mtimkhulu, Testimony to the and Youth, Truth and Reconciliation Commission human Rights Violations Committee, 1996 .... of South Africa Report, 1998 ................................. 22. Notutu Lizzie James, Testimony to the human Source Information and Additional Readings Rights Violations Committee, 1997 .................. Section 4 43. “Causes, Motives and Perspectives of Perpetrators,” Truth and Reconciliation 32. Conrad Nkuna, Testimony before the TRC Commission of South Africa Report, 1998 .............. Amnesty Committee, 1997 ............................... 44. “Some Reflections on the Amnesty Process,” 33. Amnesty hearing in Regards to the Ngema Truth and Reconciliation Commission of South Tavern Killing, 1999 ........................................... Africa Report, 2003 .............................................. 34. Harold Snyman, Testimony and Cross- 45. Statistical Analyses of the Amnesty Process Examination in Respect to the Death of Stephen Biko, TRC Amnesty Committee Source Information and Additional Readings hearing, 1997 ...................................................... Section 5 35. Eugene de Kock, Testimony in Respect to the What the Parties, Institutions and Business Piet Retief Incidents, TRC Amnesty