off lump sum payment of $3 000 or 30 000 rand which is like a sixth of what the victims were expecting after waiting for five years. So imagine the kind of bad blood that was created even when 16 000 people received this payment. There were also about 300 names sent to the government for possible prosecution. Of these names there was one plea bargain with one former head of police. The whole hearing took about forty minutes or so. When the bargain was reached, nothing was disclosed and it was shoved aside. There were prosecution guidelines at one point brought about by the cabinet and rejected by the civil society because we said amnesty was a once off thing and you can’t have a second bite of the cherry because this meant that if you are coming back as a perpetrator you could still get a plea bargain or amnesty if you disclosed stuff to the National Prosecuting Authority except that now it would not be public. It would all be done in private. And we disagreed with that. That was challenged in the Constitutional court and we won the case but the result was NOTHING. So since then nobody has been prosecuted, but just for the integrity of the process there needed to be prosecutions. We were never meant to have a restorative justice process only; it was always meant to be a retributive and restorative process in conjunction. The second thing is reparations. There were three different forms of reparations recommended. There were symbolic reparations, there were personal or individual pension-like reparations, and then there were community reparations. There was a presidency fund set up under the Ministry of Justice and the TRC Unit created in the Ministry of Justice. It was clear for us right from the start that this unit was understaffed and not empowered. This is now 2013 and here we are, still nothing has happened. And by the way there is a billion rand sitting in President’s fund and treasury is saying we will nationalise this money if it is not used. But the problem is that some of this money is actually private money. It was donated and you can’t just take that money legally. We still do not have regulations today for community reparations. Things like trauma counselling, health care and community development projects are specifically framed as reparations. But never make the mistake of confusing reparations with development. They are not the same thing and victims find it insulting if you say we are making you this tarred road as reparations. It’s not. Reparations come with acknowledgement that you were harmed by the state of South Africa. This state has legal continuity and has enjoyed legal continuity through transition; which means irrespective of the government in power the state remains liable. That is why the ANC had to pay 64 The Second International Conference on Transitional Justice in Zimbabwe