The South African Coalition for Transitional Justice (SACTJ) convened a critical two-day national conference in Johannesburg aimed at resolving the backlog in reparations, state accountability, and the unfinished business left in the wake of the Truth and Reconciliation Commission (TRC).
The conference brought together civil society leaders and members of the coalition, legal experts, victims and senior representatives from the Department of Justice and Constitutional Development to address the unfinished business of the TRC.
One of the most significant achievements of the conference is the unanimous agreement to establish two essential committees.
The first is a technical legal committee that will work to fast-track reparations within the bounds of the law and our legally binding obligations. The second is a committee focused on the comprehensive delivery of reparations, bringing together all stakeholders, including multi-sectoral government participation, representatives from SACTJ, and victims' voices.
Convening 26 years after the handover of the report of the TRC, the conference called attention to the lasting trauma, both direct and generational, of apartheid, the slow progress of reparations, and the urgent need for a multi-sectoral, inclusive and victim-centred process as the way forward.
Today, South Africans continue to suffer the consequences of systemic inequality and historical violence.
The SACTJ raised grave concerns about the disbursement of reparations and the lack of transparency surrounding the R1.93 billion held in the President’s Fund, set up to assist apartheid victims.
Although R30 000 was paid to 17 482 of the identified victims in the early 2000s, the coalition questioned the verification process’ limitations.
Shirley Gunn, Executive Director of SACTJ, noted that during the short lifespan of the TRC, “not everyone was ready to speak and to come forward with their statements.
Not everyone had all the documentation that they needed to hand over to the TRC for their case to be considered and for there to be a finding that they were, in fact, victims of gross human rights violations.”.
Shireen Said, Deputy Director General for the Department of Justice and Constitutional Development stated that while there are 17 428 victims who have been paid, the TRC had identified 21 676 victims as eligible for reparations.
However, the 4 248 victims on the closed list who have not applied or who the Department has failed to trace may still submit applications.
According to Said, the government has paid a total of R497 798 781 (half a billion Rand) to victims.
The SACTJ reiterated its call for the reopening of the TRC’s closed list, a forensic audit of the President’s Fund, and greater accountability from the government towards victims of apartheid-era gross human rights violations.
The firm commitment to establishing the two committees marks a crucial step forward in addressing the outstanding issues of reparations.
The SACTJ expects these efforts to move swiftly, avoiding unnecessary delays.
While litigation remains a last resort, it is important to underscore its resolve: should progress stall, SACTJ will have no option but to pursue legal avenues to ensure justice is not further delayed.
Nabila Mayet-Cassim | Johannesburg
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