reparations because they were now the custodians of the state that had committed crimes
against humanity before.
Worryingly, few lessons have been learnt through the TRC process about how South Africa
should be governed. I visited the Marikana mines recently on the Invitation of the SocioEconomic Rights Institute and they are representing the rights of these forgotten victims. And
when we look at that process, we have put up a Commission for the Marikana mine disaster
where 34 people were killed. We learnt very few lessons from the TRC. The Commission is
structured as a quasi-judicial Court, not an evidence based hearing. So the victims are not
empowered to take part fully. They do not have legal representation. The state has put several
millions aside but that is only for the police, whereas the victims have none. Reparations have
been promised to these victims but none has been paid. The fact that the families have lost
breadwinners due to police brutality does not matter at all.
This is a year on and the police report has been given to the Commission. Obviously it conceals
more than it reveals. There is talk of other reports circulating in the background that have not
been given to the Commission. And on the day of the disaster it was clear that the police came
with a military intent and the TRC should have taught us that the kind of violence we had in the
1980s was also the result of “illegal strikes” and things like that. But there is a certain pattern here.
It seems to me that the way South Africa is governed has not been sufficiently informed by the
lessons of the TRC and in fact those lessons have been systematically shunned and government
has refused to acquit themselves against these benchmarks set by the TRC.
The Institute of Justice and Reconciliation did a national survey in 2001. It was a sample
representative of the whole population. About 3 500 respondents in six languages, stratified for
race, rural areas, the whole thing. And interestingly, the majority of South Africans of all race
groups said they were in favour of amnesty. They were positive towards the TRC and 73% of white
respondents agreed that apartheid was a crime against humanity. Now that would not have
been the case before the TRC.
There were some nasty things said about Archbishop Desmond Tutu, you know, the ‘Arch Angel
of Revenge’ cartoon. Still the conscience began to work and operate and after the Commission
had finished it was clear that no South African would, with a straight face, make a case for
apartheid anymore. Now in terms of “Never again” that’s an achievement. A popular consensus
was built around victim narratives that this was not right.
Truth Commissions: the Best Practices
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