Abstract
It is often said that the victor always dictates the narrative and thus dictates how history is represented. The end of Apartheid in South Africa wasn’t a result of an outright victorious defeat of the Apartheid State together with its institutions of coercion but rather came about as a result of a culmination of a series of events. If this adage holds true, then why is it that the narrative seems to paint a picture of a victor’s perspective? This assertion is not made lightly but is no less reflective of how the facts seem to portray themselves in that the victims, and those related to the victims who suffered gross human rights violations at the hands of the Apartheid State, continue to be victims even after the work of the Truth and Reconciliation Commission (hereinafter TRC or Commission). Yet the perpetrators of these crimes, even those who were not granted amnesty, have gone about their business insouciantly. This assertion is not an indictment of the work of the TRC but is a critical assessment of the disproportionate outcomes of its work. This paper offers a reflective critique of the work of the TRC and the manner in which it shaped South Africa’s past, as well as its present, in six parts. Part I provides a foundational underpinning as to how the National Party government engineered conditions that allowed Apartheid to thrive. Part II will detail the historical context within which South Africa found itself during the height of Apartheid and the effects of the oppressive regime. The work of the TRC, spanning the dynamics of how amnesty became the agreed compromise during the process of negotiations and the prosecutions that flowed from them, will be discussed in Part III. Part IV will include discussions on measures of accountability during the period of transition in South Africa. The most prominent prosecutions that followed after the TRC era‑ will span the length of Part V. Part VI will consist of the reflections and conclusion.
Recommended Citation
January, Lehlohonolo
(2025)
"Whose Truth Commission,"
Notre Dame Journal of International & Comparative Law: Vol. 15:
Iss.
1, Article 7.
Available at:
https://scholarship.law.nd.edu/ndjicl/vol15/iss1/7
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