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 DRAFT

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