GOOD Statement by Brett Herron,
GOOD Secretary-General & Member of Parliament
27 October 2022
More than 20 years after establishing a President’s Fund to benefit victims of apartheid, and rehabilitate communities identified by the Truth and Reconciliation Commission, the State has yet to implement a single community project, Minister of Justice Ronald Lamola revealed today.
In reply to a parliamentary question posed by GOOD MP Brett Herron, Lamola denied that government had deprioritised the process of reconciliation and nation-building. He said the State remained committed to spending the President’s Fund as intended.
The President’s Fund was created as a vehicle to effect redress for the depredations of the apartheid security state, and bring some balance to the interests of victims and perpetrators of human rights violations.
The granting of amnesty to perpetrators of state-sponsored violence was among the trickiest issues those sitting down to negotiate South Africa’s transition from apartheid had to confront.
The National Party government wanted a blanket amnesty to ensure its leaders and other rottweilers weren’t all going to end up in the pound, while the liberation movements insisted there should be accountability in some form.
The compromise they reached is in the final clause of the Interim Constitution: “…to advance such reconciliation and reconstruction, amnesty shall be granted in respect of acts, omissions and offences associated with political objectives and committed in the course of the conflicts of the past. To this end, Parliament under this Constitution shall adopt a law determining…the mechanisms, criteria and procedures, including tribunals, if any, through which such amnesty shall be dealt with…”
Two years later, introducing the Truth and Reconciliation Commission to South Africans in 1995, then-Minister of Justice the late Dullah Omar said: “I could have gone to Parliament and produced an amnesty law – but this would have been to ignore the victims of violence entirely. We recognised that we could not forgive perpetrators unless we attempt also to restore the honour and dignity of the victims and give effect to reparation.”
Among the Truth Commission’s recommendations to government was the establishment of a Reconstruction and Development Fund to which individuals, corporates and nations could donate towards healing victims and the nation, and narrowing inequality.
When what was called the President’s Fund was established, a number of States and individuals donated handsomely.
But, as with most of the TRC’s recommendations – such as prosecuting offenders who did not receive amnesty – government’s follow through has been lacklustre, at best.
Some of the money was used to pay some of the recommended reparations, to identified victims only, while a bit has been spent on educating victims’ children and exhuming remains…
About R2 Billion remains in the bank… It is unconscionable that the ANC-led State could be so lame on this issue, not least, considering that many victims of apartheid security operations were its own members or supporters.
By failing to follow through on the TRC’s recommendations, on both prosecutions and redress, the State has abandoned the values that underpinned Dullah Omar’s vision that, “we could not forgive perpetrators unless we attempt also to restore the honour and dignity of the victims…”
Besides which, South Africa remains profoundly unequal and divided. When you don’t use available funds intended for redress it is difficult to argue that you haven’t abandoned the project of nation-building.
Media Enquiries:
Brett Herron, GOOD Secretary-General & Member of Parliament
Cell: 0825183264
Email: bretth@forgood.org.za
Janke Tolmay, GOOD Media Manager
Cell: 0733671223
Email: janke@forgood.org.za