The distributive dimension in transitional justice: reassessing the South African Truth and Reconciliation Commission’s ability to advance interracial reconciliation in South Africa

2016 ◽  
Vol 34 (2) ◽  
pp. 190-202 ◽  
Author(s):  
Nevin T. Aiken
Temida ◽  
2002 ◽  
Vol 5 (4) ◽  
pp. 33-44
Author(s):  
Heidy Rombouts

Both the South African Truth and Reconciliation Commission and the Gacaca tribunals, which started recently in Rwanda, are framed in terms of truth and reconciliation. But what does the truth mean? What does reconciliation mean? It can be argued that searching the truth has a very precise meaning - namely determining the details of what factually happened. And it is in this sense that most people understand the search for the truth. However it can be questioned whether this fact-finding is what the search for truth aims at in a context of transitional justice. .


2004 ◽  
Vol 60 (4) ◽  
Author(s):  
P.G.J. Meiring

The author who served on the South African Truth and Reconciliation Commission (TRC), focuses on the Hindu experience in South Africa during the apartheid years. At a special TRC Hearing for Faith Communities (East London, 17-19 November 1997) two submissions by local Hindu leaders were tabled. Taking his cues from those submissions, the author discusses four issues: the way the Hindu community suffered during these years, the way in which some members of the Hindu community supported the system of apartheid, the role of Hindus in the struggle against apartheid, and finally the contribution of the Hindu community towards reconciliation in South Africa. In conclusion some notes on how Hindus and Christians may work together in th


2014 ◽  
Vol 39 (04) ◽  
pp. 902-937 ◽  
Author(s):  
Bernadette Atuahene

One of the most replicated findings of the procedural justice literature is that people who receive unfavorable outcomes are more likely to believe that the process was nonetheless legitimate if they thought that it was fair. Using interviews of 150 people compensated through the South African land restitution program, this article examines whether these findings apply in the transitional justice context where it is often unclear who the winners and losers are. The question explored is: When all outcomes are unfavorable or incomplete, how do people make fairness assessments? The central observation was that the ability of respondents and land restitution commission officials to sustain a conversation with each other had the greatest effect on whether respondents believed that the land restitution process was fair. The study also contributes to the existing literature by exploring the institutional arrangements and resources necessary to facilitate communication and to overcome any communication breakdowns encountered.


2000 ◽  
Vol 30 (1) ◽  
pp. 14-22 ◽  
Author(s):  
Derek Hook ◽  
Bronwyn Harris

This paper asserts that selected texts of the South African Truth and Reconciliation Commission possess a powerful political potential in their ability to challenge and refute historical relations of racialised power in South Africa. The prospective political efficacy of these texts is seen as residing in their critical ability to subvert and challenge the predominant understandings, discourses and representations of Apartheid, or the ‘old’, South Africa. Three overlapping routes of enquiry are explored in this regard. Firstly, the political efficacy of such texts is seen as arising from their role in terms of the recovery of previously repressed histories. This recovery enlarges the archive of South Africa's past and contributes to the constitution of a new body of knowledge, from which credible standpoints of resistance and opposition may be articulated. A second explanation highlights the fact these texts are able to exert a form of discursive critique upon the predominant practices and representations of both former and reigning social orders. This level of critique enables us, in Foucautt's (1981) terms to restore to political discourses their nature as contextual and discontinuous practices of construction as opposed to naturally-occurring, seamlessly-unified, purely significatory instances of language. The last account engages more directly with the radical and transgressive nature of these texts, with their affective and ultimately symptomatic qualities. It is here suggested that these texts have earned their extraordinary visceral charge, their special power and horror, for many South Africans, precisely because they have exposed and stretched to the limit the boundaries of the past discursive order, of what had been known, what was understood and what could be represented in the Apartheid State.


2015 ◽  
Vol 12 (3) ◽  
pp. 62-64
Author(s):  
Bernard Janse van Rensburg

Although psychiatrists did not form part of the structures of the South African Truth and Reconciliation Commission (TRC), the Society of Psychiatrists of South Africa (SPSA) at the time did make a submission. Since then, the local association of psychiatrists has been reconstituted as the South African Society of Psychiatrists (SASOP). Psychiatry and psychiatrists may have to extend their activities beyond rehabilitation and restoration, to include endeavours to prevent future violations of human rights.


2020 ◽  
Vol 15 (1) ◽  
pp. 45-68
Author(s):  
Dinesha SAMARARATNE

AbstractWhat lessons can we learn from the way in which the South African experience of transformative constitutionalism was invoked in Sri Lanka's recent constitutional reform experience? What conditions allow experiences of transformative constitutionalism to travel? In this article, I respond to these two questions, using Frankenberg's idea of a ‘layered approach’ in comparative constitutional law. My analysis affirms that in the comparative enterprise, a thick explanation that allows each experience to ‘speak for itself’ heightens the value of a comparative example. In the case of South Africa, I demonstrate that transformative constitutionalism is in fact a specific genre of constitutionalism. It demands attention not only to substantive constitutional guarantees and institutional design, but also to the process of constitutional reform. Moreover, effective measures for transitional justice are an essential component of transformative constitutionalism. A closer reading of the South African experience that paid attention to these factors would have led to better use of this experience in Sri Lanka's post-war constitutional governance.


2015 ◽  
Vol 41 (1) ◽  
pp. 169-184
Author(s):  
Eugene Baron

During the South African amnesty process perpetrators would get amnesty if they could prove that there was a political motive for committing their actions, their deeds were proportionate, that they happened during and between the years 1960 and 1994, and if they gave full disclosure. The purpose of this article is to demonstrate the following: the fact that remorse and repentance were not required in order for perpetrators to get amnesty, left the reconciliation process in a vacuum. The inclusion of remorse and repentance as a requirement for amnesty, would have established a true (not a cheap) forgiveness and a ‘thick’ reconciliation process between perpetrators and victims. Remorse and repentance would have requested an admission and regret of wrongdoing, followed by an act of repentance underwritten by acts of contrition. 


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