Friday, November 29, 2019

Why did the Truth and Reconciliation Commission replace the traditional justice system in South Africa to deal with the residue of apartheid?

After the abolition of apartheid in 1994, the Truth and Reconciliation Commission (TRC) was established to address the past abuses of human rights that were widespread throughout South Africa throughout the previous three decades. Unlike traditional justice systems which aim to punish the convicted, the TRC set out on a mission of restorative justice in order to usher a new era of peaceful coexistence of the racial and ethnic groups that had previously been subjugated by one another throughout South Africa.
Even before the end of apartheid, the African National Congress (ANC) wanted trials for former state officials who had committed or supported beatings, torture, and murder. The National Party, on the other hand, had been advocating for a blanket amnesty. Many whites were afraid of widespread reprisals and many black South Africans were demanding justice. These disagreements and conflicting desires threatened to divide the healing country even further. The TRC was created to be able to offer all groups what they sought.
Nelson Mandela and the other leaders of post-apartheid South Africa felt that to use the previously established justice system to prosecute their former tormentors would only perpetuate a divided society. They did not want to merely replace the leaders of the old system, but to create a forward moving nation that would not repeat its past mistakes. The old system of courts had been created to maintain the old status quo of apartheid. To use this justice system would be to use the tools of oppression to oppress the former oppressors. If South Africa were to become the "Rainbow Nation" as Desmund Tutu advocated, then a certain degree of forgiveness had to be granted in order for the country to heal.
Under the auspices of the TRC, anyone who felt they had been the victim of abuses under apartheid could give testimony. Likewise, those accused of crimes could request amnesty after publicly confessing their transgressions. As a result, the truth of the past could be exposed and a form of national catharsis achieved. The creators of the TRC felt that, by bringing to light the full details of apartheid's brutal nature, the country could learn to move forward as a unified nation. The truth is, a court such as the TRC had never been attempted before. It was a revolutionary idea with the aim of creating an inclusive South African state.
https://www.drake.edu/media/departmentsoffices/dussj/2010-2007documents/HealingAuger.pdf

https://www.huffpost.com/entry/south-africas-truth-and-r_b_8581506

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