just want to quote to you to refresh your memory. What this ruling says is that, “judicial justice and the TRC need one another”. What is the implication for Zimbabwe? You know for us coming from South Africa our legal system was totally compromised. We had the rule of law but it was the wrong law. And judges slavishly followed the law and executed hundreds of activists through the death penalty. So the rule of law can be very violent and if you come out of a system where the rule of law has been compromised, how do you restore its credibility? Judge Mohammed says, “Most of what transpired in South Africa’s shameful history is shrouded in secrecy. Secrecy and authoritarianism have concealed the truth in little crevices of obscurity in our history. Records are not easily accessible, witnesses are often unknown, dead, unavailable, or unwilling. All that effectively remains is the truth of wounded memories of loved ones sharing instinctive suspicions.” The TRC addresses this problem by encouraging these survivors and the dependents of the tortured and wounded, the maimed and the dead to unburden their grief publicly, to receive collective recognition of a new nation that they were wronged, and crucially, to help them discover, what did in truth happen to their loved ones. That truth which the victims of repression seek and are desperate to know is in the circumstances much more likely to be forthcoming if those responsible for such monstrous deeds are encouraged to disclose the whole truth with the incentive that they will not receive punishment, which they undoubtedly deserve if they did do these things. With that incentive, what might unfold are objectives fundamental to the ethos of a new constitutional order. Both victims and the culprits who walk on the historic bridge described in the epilogue of the interim constitution will hobble more than walk to the future with heavy and dragged steps delaying and impeding a rapid and enthusiastic transition, which is the vision of the epilogue. So restorative justice was seen as creating the condition for the restoration of the credibility of the rule of law, which is being discredited by revealing the truth, coming clean and starting with a new dispensation. And if that process is seen as a cover up like the Marikana Commission now, then you are not taking the nation forward to the future. It is vital that a new beginning is made in such a commission. So, ‘the day after, the morning after’ all this happened: Government understood the monumental clash between the project of Thabo Mbeki to rewrite South African Truth Commissions: the Best Practices 67