Research and Discussion Paper on a TJ Framework for Zimbabwe
the entire mandate period (1963-2008), the state demonstrated no genuine commitment to
investigate and punish atrocities and violations committed by its agents against innocent citizens.82
The commission also recommended the establishment of an independent Committee for the
Implementation of its Recommendations. 83 The commission recommended, justice, reparation and
memorialisation mechanisms to be implemented for the benefit of the victims.
Challenges faced: The commission faced resistance from the onset regarding legitimacy and
credibility of its chairperson, Ambassador Bethuel Kiplagat .Critics alleged that the chairperson was
involved in a massacre and has allegedly grabbed public property through illegal and irregular
allocation.84 Fellow commissioners of the chairperson also petitioned the Office of the Chief Justice
to establish an inquiry tribunal on this matter, because they were concerned about the allegations
and its negative impact on the operation of the commission as a whole.85 The vice chair of the
commission resigned after the petition to the Office of the Chief Justice remained unattended to.
After a long delay, the Office of the Chief Justice established a tribunal to investigate the allegations
of the chairperson. The chairman announced his resignation from the commission citing that he
wants to devote his full attention clearing his name through the tribunal.86 The commission also had
to struggle with finances and resources.
Lessons learnt: The Kenyan Truth, Justice and Reconciliation Commission experience shows that the
credibility of commissioners is of utmost importance. The credibility issue should not be a subject
matter before the appointment only, but continuously during the operation time of a commission.
Moreover, commissioners might be intimidated by various state agencies and even willingly share
confidential information. Thus, it is recommendable to include foreigners in such kind of a
commission. The Kenyan case has shown that it was only the foreign commissioners who were able
to resist intimidation and have a dissenting view.
6.4.South Africa
Country: South Africa
Abolishment of apartheid: 1994
Truth commission: Commission of Truth and Reconciliation (TRC)
Dates of operation: 1995-2002(7 years; the original mandate ended in 1998 but was extended)
Enabling law: Promotion of National Unity and Reconciliation Act, No. 34 of 1995
Times to investigate: 1960-1993
Mandate: “To provide for the investigation and the establishment of as complete a picture as
possible of the nature, causes and extent of gross violations of human rights committed during the
82
Ibid
Ibid
84
Truth, Justice, and Reconciliation Commission, "Civil Society Petition to Chief Justice on Kiplagat"
(2010).V.Kiplagat Tribunal and Related Documents. 2.; https://digitalcommons.law.seattleu.edu/tjrc-kiplagat/2
85
Truth, Justice, and Reconciliation Commission, "TJRC Petition to Chief Justice - TJRC Petition for Tribunal"
(2010).V.Kiplagat Tribunal and Related Documents. 9. https://digitalcommons.law.seattleu.edu/tjrc-kiplagat/9
86
Truth, Justice, and Reconciliation Commission, "Slye Statement on Withdrawal of Resignation"
(2010).V.Kiplagat Tribunal and Related Documents. 3. https://digitalcommons.law.seattleu.edu/tjrc-kiplagat/3
83
31
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