Discussion Notes

 

Major historical events like the South African transition process and the 11th September 2001 event have the tendency of redefining our past through the prism of their own. The problem is that this prism distort the reality of the past. In an effort to get behind such an event, the South African Catholic theologian, Albert Nolan, wrote a book entitled Jesus before Christianity.

 

The South African Truth and Reconciliation Commission is one such event which has so impacted on the South African population and the international community that is has assumed a meaning of its own outside the historical process which gave it its life.

 

I would like to submit that an ahistorical, cold, academic approach to understanding the South African Truth and Reconciliation Commission is dangerous and bound to distort the reality and lead to wrong conclusions and deductions.

 

For this reason, I have chosen not to speak about the TRC itself but rather to reflect on the genesis - the journey leading to the nature and form of the Commission. I would like us to focus on "truth", "amnesty", "reparation", "reconciliation" and "healing" within the context of a transition from a brutal inhuman and evil apartheid system to a just, non-racial, non-sexist and equitable society. I shall do this keeping in mind the overarching strategic objective of building a new nation out of a divided, racist and adversarial society.

Firstly we need to state that the TRC is a product of our experience of struggle (praxis) with a liberation movement which sought to liberate both the oppressed (blacks) and the oppressor (mainly white) as well as save the country and its resources/assets.

 

On the other hand the oppressors (mainly Afrikaners) believed that South Africa was their only home. Consequently, once it became clear that they could not hold the tide forever in the face of unprecedented resistance and international pressure, they sought to find ways in which they (together with those fighting for liberation) could save the country and its peoples (black and white).

 

Although all of them started from an adversarial position (seizure of power by all means/retention of power at all costs) both came to know that the bitter war and destructive violence they were engaged in could not deliver peace and justice. Instead, it would destroy the country. The apartheid regime came to the realisation that the use of power and destructive weapons alone could not guarantee the Afrikaner any lasting peace.

 

Given that there was no victor nor vanquished it became imperative for the parties to construct a transitional bridge through measured strategic compromises to create the conditions necessary for this ideal type of society to be possible.

 

Within this framework, the Nuremberg-type of trials were ruled out. Consequently, punitive justice was traded for knowing the truth to prevent such atrocities and gross violation of human rights happening again. In anyway the burden of proof (evidence) in a highly covert state operation made such trials not a viable option. The failures of the high profile cases against General Malan (former defence Minister) and Dr Bason (former head of apartheid's chemical and biological warfare programme) substantiate this view.

 

The approach of searching for the "truth" to prevent a repeat required that amnesty be given to those who disclosed their acts of human rights violations with a political motive.

 

Based on this reality the people of South Africa focused more on restorative justice (in the broader sense of expression) and social justice. This involved:

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Restoring the dignity of the people (victims/survivors) including symbolic memorials to celebrate the heroic acts of those who died for the course.

Restoring the humanity of the oppressor class by exposing them to the worst atrocities committed in their name (whether sanctioned or not).

 

Constructing a new dispensation which is free of racist discriminatory laws, structures and institutions (that is, undoing the apartheid system) by transforming the State, the politics system and institutions and the restructuring the economy.

 

Eradicating the legacy of apartheid by developing and implementing affirmative action programmes (including deliberate acts of empowerment), restitution (land and other assets which are a result of colonial and apartheid policies of dispossession) and redistribution (mainly through the budgetary process) to make up for the deficit occasioned by the colonial, neo-colonial and apartheid systems.

The question we must ask ourselves though is how does all this deal with the question of reconciliation and healing? To address this question we need to define various categories of victims and/or survivors.

 

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The first category is that of cadres who were part of the liberation movement who consciously risked themselves by engaging directly or indirectly in the struggle to eliminate the apartheid system. The sacrifices made by many of these cadres are priceless and thus not possible to compensate for. The reward they hoped for was a liberated, free and more equitable society. At best they should be honoured as heroes and heroines of the struggle for liberation - keeping the perpetually in the memory of the nation.

The second consist of those who became real victims/survivors either through indiscriminate attacks or wrongful arrests or through collective punishment methods. Here, admission of guilt, and at least an expression of regret, or at best asking for forgiveness including some level of compensation would have better chances to effect reconciliation and healing.

 

The third are the general victims of the system (blacks in particular) - including acts of dehumanisation and humiliation over many years. This can only be corrected by reconstructing and developing the country in a way that makes up for the damage caused by the system.

 

The fourth (spread throughout the three categories above) consists of those who lost their limps (maimed or disabled); those who lost their parents, children or brothers (who would have been part of their support system); those who lost their land, properties and other assets (reducing them to abject poverty) and risk and retirement. For these, a caring society (with all the basic social services necessary for their survival) is critical

 
13.

The conundrum – of trying to build a new South Africa between adversaries on the basis of natural justice, which would in turn only serve to undermine a secure future – was stark and poignant. Justice on the basis of the victor/vanquished scenario would give a sense of satisfaction and contentment but it would be short-lived. Yet looking the beast of our dark history in the eye (to paraphrase Archbishop Desmond Tutu) was imperative if we were to avoid the experiences of societies that failed to do this.

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What was called for was a formula to decisively deal with the intractable problem of transcending our past. In the postscript of the interim constitution divided society characterized by conflict, suffering and injustice to a new future of reconciliation and reconstruction.

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Part of this formula therefore entailed an apparent moral compromise in which individual justice had to be relinquished in the interests of the greater social good and a secure future.

16.

This meant that notions of revenge and retributive justice had to be abandoned in favour of the notions of restorative and social justice. This was a conscious choice.

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Foremost in many minds was the historic task of ”managing a transition” both in the sense of creating a new way of governing but also of building a new society.

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Fundamental to this was the belief that it was possible to create ”the new person” and by implication renew society through knowledge of the past and values such as forgiveness, understanding and enlightenment.

19.

Clearly, the noble sentiments (which formed the basis of the TRC) have meant that short-term compromises had to be made in the interest of longterm interests. But this was for a greater cause, the interests of the greater good, the country, and the community.

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This macro-level idea of ”the greater good” is perhaps the fundamental notion underpinning the TRC process.