THE TRUTH AND RECONCILIATION COMMISSION (TRC)
What was a TRC?
- It was a court - like body assembled (gathered/brought together) in South
Africa after the end of Apartheid.
- It was formed to deal with the atrocities (crime) committed during apartheid regime.
Who formed it?
- It was founded in 1995 by the first South African president Dr Nelson Mandela.
- Established in 1996 under the chairmanship of Rev Desmond Tutu.
- Tutu was deputised by Dr Alex Boraine.
- It was set up in terms of the Promotion of National Unity and Reconciliation Act, No.
34 of 1995.
- It was based in Cape Town.
- It was constituted by nine professional members, i.e. five men and four women.
Why was the TRC formed?
- To negotiate the future of South Africa.
- Advocated free and open by various political organisations.
- Spiralling (calming) violence that was threatening forgiveness.
- To heal the wounds of the previous government.
- To build a non-racial democratic South Africa
- To unite South African divided by the apartheid laws.
- To find a better way to forgive perpetrators of the apartheid.
- Discourage revenge
- To compensate victims of apartheid.
Purpose of the TRC
- To deal with human rights violation that occurred between March 1960 - Sharpeville
massacre and May 1994 - After the first Democratic elections.
- To investigate and find the truth, then put on record what actually happened.
- Investigate crimes that were political related.
- When perpetrators (wrongdoers/offenders/culprits) disclosed the truth, they were
given amnesty.
- To encourage restorative (healing) than retributive (revenging).
The commission was divided into three committees.
Human Rights Violation Committee
Reparations and Rehabilitation Committee
Amnesty Committee
1. Human Rights Violation Committee
- To investigate human rights violated during apartheid regime.
- To give victims an opportunity to tell their stories.
- Gather information based on the crime committed.
- To find out why violation was committed.
- Who was the perpetrator who committed the crime?
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THE TRUTH AND RECONCILIATION COMMISSION (TRC)
2. Reparations and Rehabilitation Committee
- To support and comfort victims.
- Recommend reparation and rehabilitation for crimes.
- Ensuring non-repeat of the human rights violation.
- To rebuilt the minds of victims.
- To compensate victims after the disclosure of human rights violations.
3. Amnesty Committee
- Give perpetrators an opportunity to apply amnesty where necessary.
- Promoted truth telling and full disclosure.
- Investigate whether the crimes were political motivated or not.
Different forms of Justice during the process of TRC
There were two theories of justice wherein South Africa had to choose one to run
the commission successfully.
Restorative justice - forgiveness is recommended.
Retributive justice - revenge is encouraged.
RESTORATIVE JUSTICE RETRIBUTIVE JUSTICE
o Promoted healing o Advocated revenge
o Promotes between former enemies o No peace encouraged
o Reintegrate perpetrators into o Perpetrators had to brought before the
society law and if found guilty, were punished.
o Promote friendship. o No peace encouraged
o Discourage war o War can continue
o Focused on victims to forgive o Focus on perpetrators who received
perpetrators. lengthy prison sentences.
o Advocated by the SA TRC in 1995. o Advocated in Nuremberg after 1945.
Hearings of the TRC
- The TRC hearings started in in April 1996.
- It took place in many venues, e.g. Cape Town (University of Western Cape),
Johannesburg (Central Methodist Mission), and Randburg (Rhema Bible Church).
- All political parties were encouraged to come before the commission
- Perpetrators and victims were encouraged to come before the commission.
- Proceedings of the TRC were broadcast in Radio and Television.
- Last for three years
- It was facilitated in public (Public halls)
- TRC had to gather the information and brought it to the then president.
- Perpetrators who disclosed atrocities committed were granted amnesty.
- Victims who told their stories got compensation.
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THE TRUTH AND RECONCILIATION COMMISSION (TRC)
Response to the TRC
National Party
- NP never welcomed TRC and it was not happy.
- It did not support the TRC.
- It regarded TRC as witch-hunt (Strategy used to seek the truth and then punish
perpetrators) commission.
- De Klerk took the commission to court.
African National Congress
- ANC did not want to be exposed.
- Did not want the report to be submitted to the president.
- Senior leaders regarded crime committed not equated (associated/compared/linked) to
Apartheid regime.
- It was a toothless organisation, senior leaders of NP refused to appear before the TRC.
Inkata Freedom Party
- It criticised the commission.
- Did not support the TRC.
- It was used as a third force
- It was biased (unfair/partial)
- It was too victim friendly
- Humiliated perpetrators
Truth and Reconciliation Commission (TRC)
Successes Failures
- Ran as planned (Three years plan) - Bit divided South Africans (Perpetrators
- It managed to unite South Africans and Victims)
- Gave perpetrators an opportunity to - Gave victims compensation (payment)
apply amnesty. - Not all victims were willing to forgive.
- Brought about reconciliation and - Some did not want perpetrators to walk
healing as both victims and free
perpetrators confronted each other. - ANC wanted blanket (total/complete)
- Managed to call leaders of ANC, NP amnesty
and IFP. - FW de Klerk refused to appear before the
- Restore relationship amongst South commission.
Africans. - Some victims did not receive
- It closed hatred gap existed between compensation.
Africans and Europeans since 1950s. - Most perpetrators claimed that they were
following orders from their bosses.
- Some victims refused to forgive
perpetrators.
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