TRUTH AND RECONCILIATION COMMISSION
In negotiations leading to the 1994 elections, the ANC and National Party agreed on the creation of a
commission to investigate apartheid-era crimes. After winning the 1994 elections the ANC had a huge task of
building a truly non-racial and democratic Africa without forgetting the past. They needed to find a way to
forgive the perpetrators of apartheid without forgetting this crime against humanity. The ANC’s solution to
“forgiving without forgetting” was the establishment of the Truth and Reconciliation Commission in 1996. The
Government of National Unity established the Truth and Reconciliation Commission; after the Promotion of
National Unity and Reconciliation ACT (No.34 of 1995), under the chairmanship of Archbishop Desmond Tutu
REASONS FOR THE TRC
South Africa was a deeply divided society with most of its people having been oppressed over a long period of
time. During this period of oppression, Black South Africans were killed and had their land taken away from
them. They were marginalised, dispossessed, worked for low wages under horrendous conditions and lived in
abject poverty. During apartheid rule, thousands of activists and freedom fighters were killed, maimed and
some disappeared without a trace.
Overall aim of TRC = investigate politically motivated violations of human rights during the apartheid era.
Purpose = uncover the truth about what happened and, in this way, make everyone aware of the past so they
could start the process of national reconciliation
AIMS OF TRC
Investigate the causes and extent of human rights violations under apartheid.
Recommend compensation for victims.
Grant amnesty to perpetrators under certain conditions 🡪 individuals had to give full and public
testimony of their actions.
Develop of a culture of human rights in the country, so that the suffering and injustices of the past
never occurs again.
VARIOUS FORMS OF JUSTICE
RETRIBUTIVE JUSTICE
Punishment meted out to people that committed gross human rights violations.
“The Nuremberg Trials” = RETRIBUTIVE JUSTICE
Set up by the allies to punish those who were involved in war crimes.
RESTORATIVE JUSTICE AND THE TRC HEARINGS
RESTORATIVE JUSTICE = was considered as a gesture of reconciliation if perpetrators of gross human rights
violations were prepared to tell the truth and show remorse for their actions
TRC was different from Nuremberg trials because:
Based on compromise, reconciliation and restorative justice. If perpetrators who committed heinous
crimes told the truth, amnesty was granted.
It was not a court of law and could not prosecute people or hand out judgements.
Function of TRC = create a process of uncovering the truth about what happened, and it hoped that
this knowledge would help promote national reconciliation
STRUCTURE OF THE TRC
TRC began its work in 1996 and held hearings around the country for two years.
, Hearings = broadcasted live on radio + television
Over 22 000 victims told their stories at these hearings made statements to the TRC.
TRC was chaired by people who were chosen by Mandela and who had a history of promoting human
rights and social justice. They were racially diverse and came from a range political background.
The TRC had 3 committees that were responsible for overseeing its functions.
1. COMMITTEE ON HUMAN RIGHTS VIOLATIONS
Investigated the human rights violations that took place in South Africa from 1961 – 1994.
Members of this committee were mandated to visit communities in order to gather statements and
evidence from people who were either survivors or victims of crimes that were politically motivated.
± 21 000 statements were collected and recorded and after a process of verification ± 2000 people
were invited to tell their stories at the TRC hearings.
Hearings took place across South Africa from 1996 -1998
2. COMMITTEE ON REPARATION AND REHABILITATION
Investigated the stories told by victims and gave them support where possible.
Ensured that the violations did not occur in the future.
In most cases rehabilitation of victims included financial support for the suffering and loss
experienced. The committee finally recommended that to restore dignity of victims a once-off
payment of R30 000 would be given.
3. COMMITTEE ON AMNESTY
Consisted of people with a sound legal background – each hearing was presided by a reputable judge.
Both the perpetrators and victims had an opportunity to be represented by a lawyer. Hence lawyers
could test the evidence via cross examination of witnesses.
Process was rigorous and by the end of the hearings 1167/7116 were granted amnesty.
Many political parties opposed how the amnesty committee worked – they argued that those who
wanted amnesty could not be held responsible for their actions because they were merely carrying
out orders that were given to them by a higher authority, usually a politician or army general. Hence
the process was flawed and unfair.
TRC did not only investigate the actions of those who worked for the government. It also dealt with the actions
of the liberation movements as well as those of politicians and their supporters in the pre-election violence.
Public testimony from both those who fought for and against apartheid, revealed just how much violence had
been carried out in the previous decades.
THE DEBATES CONCERNING THE TRC
POSITIVE ASPECTS: TRC AS AN INSTRUMENT OF RECONCILIATION
Aim of TRC = overcome the past through confession and forgiveness so that South Africans could start to be
reconciled with each other and work together more efficiently to build a new nation.
New constitution = supported the idea of national unity based on reconciliation and the reconstruction of
society
Example of this in TRC:
Televised sessions showed perpetrators asking for forgiveness and victims granting forgiveness in
scenes which promoted the positive advantages of reconciliation for creating a better nation.
In negotiations leading to the 1994 elections, the ANC and National Party agreed on the creation of a
commission to investigate apartheid-era crimes. After winning the 1994 elections the ANC had a huge task of
building a truly non-racial and democratic Africa without forgetting the past. They needed to find a way to
forgive the perpetrators of apartheid without forgetting this crime against humanity. The ANC’s solution to
“forgiving without forgetting” was the establishment of the Truth and Reconciliation Commission in 1996. The
Government of National Unity established the Truth and Reconciliation Commission; after the Promotion of
National Unity and Reconciliation ACT (No.34 of 1995), under the chairmanship of Archbishop Desmond Tutu
REASONS FOR THE TRC
South Africa was a deeply divided society with most of its people having been oppressed over a long period of
time. During this period of oppression, Black South Africans were killed and had their land taken away from
them. They were marginalised, dispossessed, worked for low wages under horrendous conditions and lived in
abject poverty. During apartheid rule, thousands of activists and freedom fighters were killed, maimed and
some disappeared without a trace.
Overall aim of TRC = investigate politically motivated violations of human rights during the apartheid era.
Purpose = uncover the truth about what happened and, in this way, make everyone aware of the past so they
could start the process of national reconciliation
AIMS OF TRC
Investigate the causes and extent of human rights violations under apartheid.
Recommend compensation for victims.
Grant amnesty to perpetrators under certain conditions 🡪 individuals had to give full and public
testimony of their actions.
Develop of a culture of human rights in the country, so that the suffering and injustices of the past
never occurs again.
VARIOUS FORMS OF JUSTICE
RETRIBUTIVE JUSTICE
Punishment meted out to people that committed gross human rights violations.
“The Nuremberg Trials” = RETRIBUTIVE JUSTICE
Set up by the allies to punish those who were involved in war crimes.
RESTORATIVE JUSTICE AND THE TRC HEARINGS
RESTORATIVE JUSTICE = was considered as a gesture of reconciliation if perpetrators of gross human rights
violations were prepared to tell the truth and show remorse for their actions
TRC was different from Nuremberg trials because:
Based on compromise, reconciliation and restorative justice. If perpetrators who committed heinous
crimes told the truth, amnesty was granted.
It was not a court of law and could not prosecute people or hand out judgements.
Function of TRC = create a process of uncovering the truth about what happened, and it hoped that
this knowledge would help promote national reconciliation
STRUCTURE OF THE TRC
TRC began its work in 1996 and held hearings around the country for two years.
, Hearings = broadcasted live on radio + television
Over 22 000 victims told their stories at these hearings made statements to the TRC.
TRC was chaired by people who were chosen by Mandela and who had a history of promoting human
rights and social justice. They were racially diverse and came from a range political background.
The TRC had 3 committees that were responsible for overseeing its functions.
1. COMMITTEE ON HUMAN RIGHTS VIOLATIONS
Investigated the human rights violations that took place in South Africa from 1961 – 1994.
Members of this committee were mandated to visit communities in order to gather statements and
evidence from people who were either survivors or victims of crimes that were politically motivated.
± 21 000 statements were collected and recorded and after a process of verification ± 2000 people
were invited to tell their stories at the TRC hearings.
Hearings took place across South Africa from 1996 -1998
2. COMMITTEE ON REPARATION AND REHABILITATION
Investigated the stories told by victims and gave them support where possible.
Ensured that the violations did not occur in the future.
In most cases rehabilitation of victims included financial support for the suffering and loss
experienced. The committee finally recommended that to restore dignity of victims a once-off
payment of R30 000 would be given.
3. COMMITTEE ON AMNESTY
Consisted of people with a sound legal background – each hearing was presided by a reputable judge.
Both the perpetrators and victims had an opportunity to be represented by a lawyer. Hence lawyers
could test the evidence via cross examination of witnesses.
Process was rigorous and by the end of the hearings 1167/7116 were granted amnesty.
Many political parties opposed how the amnesty committee worked – they argued that those who
wanted amnesty could not be held responsible for their actions because they were merely carrying
out orders that were given to them by a higher authority, usually a politician or army general. Hence
the process was flawed and unfair.
TRC did not only investigate the actions of those who worked for the government. It also dealt with the actions
of the liberation movements as well as those of politicians and their supporters in the pre-election violence.
Public testimony from both those who fought for and against apartheid, revealed just how much violence had
been carried out in the previous decades.
THE DEBATES CONCERNING THE TRC
POSITIVE ASPECTS: TRC AS AN INSTRUMENT OF RECONCILIATION
Aim of TRC = overcome the past through confession and forgiveness so that South Africans could start to be
reconciled with each other and work together more efficiently to build a new nation.
New constitution = supported the idea of national unity based on reconciliation and the reconstruction of
society
Example of this in TRC:
Televised sessions showed perpetrators asking for forgiveness and victims granting forgiveness in
scenes which promoted the positive advantages of reconciliation for creating a better nation.
