TRUTH & RECONCILIATION COMMISSION

 

 

 

 

PROGRESS REPORT ON THE WORK OF THE TRC

 

RECOMMENDATIONS CONCERNING THE

DISSOLUTION OF THE TRC

 

FINAL WORKPLAN AND BUDGET

FOR COMPLETION OF TRC WORK

 

 

NOVEMBER 2000

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Compiled by: CHIEF EXECUTIVE OFFICER - ADV. M.C. COETZEE

 

 

 

 

 

 

 

 

 

INDEX

NO.

CONTENTS

PAGE NO.

     

1.

Executive Summary

3

     

2.

Timetable for completion of TRC Work

4

     

3.

Previous Deadlines

4

     

4.

Committee on taking over assets of TRC and other related matters

6

     

5.

Factors influencing completion of work

7

     

6.

Staff Requirements

7

     

7.

Savings on Overhead Costs

8

     

8.

Budget

8

     

9.

HRV Committee

9

     

10.

R&R Committee

9

     

11.

Amnesty Committee

10

     

12.

Codicil

11

     

13.

Documentation Centre and Archiving of Intellectual Assets

11

     

14.

Dissolution of TRC

12

     

15

Conclusion and recommendations

12

 

 

ANNEXURES:

TRC 1 - Budget 2000/2001

TRC 2 – Budget 2001/2002

 

 

 

 

 

 

 

 

 

 

1.

Executive Summary

   

1.1

Purpose and Scope

   
 

This report is intended to provide an update on the progress made since October 1998 by the TRC in bringing its work to completion and to address the issue of dissolution of the TRC in terms of the provisions of the Act.

   
 

In addition the TRC has prepared a final timetable and the budget required to complete its work.

   
 

Many of the difficulties experienced by the TRC, which affected its progress, were fully canvassed in the Report of the Chief Executive Officer to the Honourable Minister of Justice dated February 2000.

   
 

It suffices to say that it is in the national interest that the TRC be supported and provided with the necessary resources to complete its work and fulfill the mandate conferred upon it by Parliament on 15th December 1995 [Section 44(2)].

   

1.2

Statutory Obligations of TRC

   
 

In terms of the Promotion of National Unity and Reconciliation Act No. 34 of 1995 ("The Act") the TRC was mandated to investigate and establish as complete a picture as possible of the nature causes and extent of gross human rights violation committed during the period 1 March 1960 until the cut-off date (11 May 1994) emanating from the conflicts of the past.

The Act enabled the TRC to fulfill its mandate by the establishment of the Committees on Human Rights Violation ("HRV") Reparation and Rehabilitation ("R&R") and Amnesty (AC).

   

1.3

R&R Committee

   
 

Was mandated to make recommendations regarding an interim and final or long-term reparation policy and to restore the human and civil dignity of victims of gross human rights violations.

   

1.4

"HRV" Committee

   
 

Was mandated to investigate all gross human rights violations and to provide an opportunity for victims to relate the violations they suffered.

 

 

 

 

1.5

"AC" Committee

   
 

Was mandated to grant amnesty to persons who made a full disclosure relating to gross human rights violations and other acts or offences associated with a political objective and committed in the course of the conflicts of the past.

   
 

The constitutionality of these powers, functions and duties were challenged in the case of Azanian Peoples Organisation (AZAPO) vs The Truth and Reconciliation Commission (TRC) and Others in the Constitutional Court. The Court confirmed the constitutionality and validity of these provisions of the Act.

   

2.

Timetable for Completion of TRC Work

   
 

The TRC has completed a substantial volume of work since the last progress report. It now finds itself in a far better position to properly analyse the outstanding work and tasks to be performed and can, with a greater degree of confidence, indicate the time frames within which various aspects of the TRC’s work will be completed and when the TRC could be dissolved.

   
 

Details of the outstanding work of the TRC will be set out more fully below.

Timetable

   

2.1

HRV-completion of work and shutdown - March 2001

2.2

R&R-completion of work and shutdown - March 2001

2.3

AC-completion of work and shutdown - March 2001

2.4

Finalisation of Codicil to TRC Report - August 2001

2.5

Reconvening of Commission - September 2001

2.6

Dissolution of TRC - September 2001

2.7

Winding up of TRC’s administrative affairs - MoJ’s discretion

 

3.

Previous Deadlines

   
 

The original deadline imposed on the TRC to finalise its work was impossible to meet because of the massive volume of work to be completed. Consequently several extensions were granted until the closure of the TRC was made dependant on the completion of the work of the Amnesty Committee. Notwithstanding these provisions the TRC has always felt compelled to set itself deadlines for completing its work. Time and again these deadlines have proved to be unduly optimistic or rather unrealistic given the huge workload and the unfamiliar and unpredictable nature of the work of the TRC.

 

   
 

The TRC has never had any intention of prolonging the process any longer than it has to. In fact, various operational and logistical difficulties have frustrated the productivity of the TRC and have delayed completion of the tasks it had intended to finalise by certain deadlines. These difficulties include, amongst others:

3.1

The very unique nature of all the TRC processes with no established precedents, neither nationally nor internationally, upon which the process could be modeled. What was required was innovative and untested procedures in order to complete the mandate. This not only had a negative effect on the financial planning, but also on planning in general.

3.2

The facilitation of the urgent interim reparation (UIR) program at a time when R&R was severely under-resourced.

   

3.3

The absence of the provision of field workers to assist more than 20 000 victims in the regions to complete reparation forms, to open bank accounts and to obtain additional documentation for purposes of the President’s Fund.

   

3.4

Difficulties in tracing applicants, victims and witnesses for amnesty hearings

   

3.5

Postponements of scheduled amnesty hearings due to unavailability of applicants and/or victims and/or their respective legal representatives. It must also be borne in mind that a large number of the amnesty applications involved either the former security force personnel with multiple applicants and incidents involving at times up to 12 legal representatives or high ranking government officials and members of parliament who have difficulty in fitting hearings into their busy public schedules.

   

3.6

Amnesty hearings over-running the allotted schedule time (Boipatong-hearing initially set for 2 weeks - ran for 12 weeks)

   

3.7

Reduction in staff capacity due to resignations and appointments to other Government institutions and especially the forced roll out of experienced staff as a result of budgetary constraints, have severely depleted the TRC, AC and its staff complement.

However, despite these difficulties, the opinion is held that the performance of the TRC ought to be judged on the massive amount of work it has managed to finalise since October 1998, at times under extremely difficult and trying circumstances.

 
 
 

4.

Committee on Taking over Assets of the TRC and Other related matters

   
 

At the request the of the TRC a joint initiative between itself and the Department of Justice has led to the establishment of this structure to investigate and facilitate the transfer of all assets including intellectual property rights from the TRC to the Department of Justice as well as other related matters referred to in the Act.

   
 

The main areas of concern regarding the TRC relate to:

4.1

Matters arising from the recommendations of the TRC in respect of reparations to victims that need to be attended to.

   

4.2

The importance of the establishment of a structure (with Justice) to familiarise itself with the policies and processes relating to reparations before the dissolution of the TRC.

   

4.3

Court reviews and other legal challenges to the TRC process not completed before dissolution of the TRC.

   

4.4

Referrals of matters back to the TRC after dissolution, for example, successful reviews against decisions of the AC and findings of the TRC (the Minister might have to consider amending legislation).

   

4.5

Classification of information as per requirements of confidentiality and/or the impact of the Promotion of Access to Information Act, No. 2 of 2000.

   

4.6

The archiving of all intellectual property, hard copies as well as electronic copies.

   

4.7

The acquisition and management of the TRC Oracle database and website.

   

The Justice component of the Committee has clearly indicated that:

4.8

The TRC must finalise its work in terms of its mandate in the Act. It cannot terminate its business and expect Justice to assume the responsibilities of completing such work or absorbing TRC personnel with the necessary expertise to finalise such work.

   

4.9

Justice would only assume those responsibilities which were intended by the Legislature that it would take over on dissolution of the TRC, such as:

   

4.9.1

Uncompleted and pending litigation; and

   

4.9.2

Matters such as exhumations, disappearances and applications regarding presumptions of death.

5.

Factors influencing completion of work

   
 

The performance of the TRC since the suspension of Commissioners on 31 October 1998 must be seen against the background of the following operational difficulties:

5.1

After 1998 the workload of the TRC did not decrease despite the massive rollout of staff from 456 to 147 within a twelve-month period.

   

5.2

The AC experienced a reduction in personnel from 19 to 13 members. These vacancies were never filled.

   

5.3

During the latter part of 1999 and 2000 two further AC members were incapacitated by poor health resulting in the death of the Chairperson, Judge H Mall and the resignation of Dr W Tsotsi which reduced the AC to 11 members.

   

5.4

The budgetary constraints have forced the TRC to streamline its operations even more resulting in a further reduction of staff to 116. This has impacted on productivity in general, as departments were under-resourced and has led to staff insecurity. The TRC has always had a very serious problem in securing the continued employment of its experienced staff.

   

5.5

Difficulty in tracing victims for purposes of amnesty or R&R who have moved or supplied incomplete addresses.

   

5.6

The TRC also hosted various international delegations seeking information and assistance with their own countries’ issues of Truth, Justice and Reconciliation.

   

6. Staff Requirements

The TRC has had to alter its roll-out plans as previously envisaged and because of the new deadlines will only implement rolling-out of staff from February 2001 (HRV) March 2001 (R&R & AC).

 

Only a small complement of essential staff will be required to manage the financial affairs, assist with the writing of the Codicil and archiving of information and administrative winding down of TRC matters. Relevant staff members will be identified with reference to requisite skills and experience and specific needs in consultation with the structure charged with completing the outstanding tasks on behalf of the TRC.

7. Savings on Overhead Costs

Once the amnesty hearings are concluded at the beginning of December 2000, the TRC will not incur any more costs in respect of hiring venues, sound equipment, translation services, travelling and hotel expenses of staff and AC members as well as costs relating to and travelling and accommodation expenses for victims and the legal costs for their legal representatives. These savings will be substantial.

 

8. Budget

Initially the TRC submitted a budget until 30 June 2000 when an amount of R8, 5 million was approved. When it became clear that the TRC would not be able to finalise its work before March 2001, an adjusted estimate until March 2001 was submitted requesting an additional amount of R28 992 616. However, only R17 million was recommended by the Treasury Committee on 3 October 2000 leaving the TRC with a shortfall of R11 992 616. This shortfall will cause the AC and the TRC not to complete its responsibilities according to the founding Act.

 

However, with more information at our disposal and cutting our proposed expenses, it is estimated that the TRC will only need an additional amount of R4 680 812 over and above the R17 million for the 2000/2001 financial year as per Annexure TRC2. The largest cuts made were in respect of -

 

Salary adjustments AC

1 497 939

 

Incentive Bonus for staff members

1 500 000

 

Gratuities - Commissioners

1 138 775

 

If the additional amount of R4 680 812 is not approved it would mean that the work of the Amnesty Committee in particular and the TRC in general would be greatly affected in that:

(i)

The Amnesty Committee will not be able to finalise the writing of outstanding amnesty hearing decisions and to do an audit of all amnesty applications received.

   

(ii)

The TRC will not be able to complete its Final Report.

   

(iii)

The TRC will not be able to close its books and have it audited.

   

(iv)

All outstanding matters including reviews and appeals will have to be handed over before the end of December 2000 to the Department of Justice for wrapping up in accordance with the Act.

 

 

A budget as per annexure TRC 3 was also prepared for the 2001/2002 financial year that indicates that an amount of R9 760 458 is needed until closure of the CEO’s office.

To summarise: Funds needed by the TRC

 

2000/2001 Financial Year

R4 680 812

     
 

Financial Year

R9 760 458

   

9.

HRV Committee

   

9.1

Staff Compliment

   
 

HRV presently consists of four members comprising of a Commissioner, a manager and two administrative staff members.

   
 

The HRV’s activities will be completed by March 2001 and the Committee will shut down.

9.2

The only outstanding work relates to:

9.2.1

Completion of review and final edit of 19 452 victim summaries for purposes of the Codicil.

   

9.2.2

Completion of disappearance list comprising approximately 630 missing persons.

   

9.2.3

Completion of report on exhumations.

   

9.2.4

Completion of list regarding combatants.

   

9.2.5

Attending to the objections/reviews against finalized negative victim findings.

10.

R&R Committee

   
 

The R&R Committee comprise of a Commissioner, nine staff members at the Cape Town office and six members at the three regional offices. This staff complement is responsible for attending to more than 19 000 application forms. The finalisation of the R&R process was to a large extend delayed by logistical difficulties caused by the implementation of UIR during April 1998.

Status of UIR

The TRC sent out 19689 gross human rights violations notification letters

and as a result received 18 005 applications for reparations. Presently

1 684 applications forms remain un-returned.

   

Of the 18005 applications returned, 14 041 have been sent to the President’s Fund. 12 000 victims have received grants out of this fund totaling R39 million.

The current projection is that all outstanding forms, inclusive of amnesty referrals, 50% resolved query addresses and documentation queries and outstanding applications in the regions, will amount to 4 700, which will be completed and finalised by the end of March 2001.

11.

Amnesty Committee (AC)

   
 

At the cut-off date for amnesty applications the AC had received 7113 applications for amnesty.

 

The status of these applications on 1 November 2000 was as follows, the number in brackets reflects the position on 28 February 2000:

11.1

Applications dealt with

   
 

Decisions outstanding

 

302

 

(240)

 
 

Duplications

 

37

 

(32)

 
 

Amnesty granted

 

849

 

(638)

 
 

*Amnesty granted/refused

 

54

 

(28)

 
 

Applications withdrawn

 

248

 

(167)

 
 

Amnesty refused

 

5 392

 

(5 271)

 
 

TOTAL

 

6 882

 

(6 377)

 

(* In certain applications the same applicant were granted amnesty for some incidents but refused for others)

11.2

Outstanding

         
             
 

Chamber Matters

 

142

 

(302)

 
 

Hearable matters scheduled

 

88

 

(58)

 
 

TOTAL

 

230

 

(736)

 
             

 

 

Although all hearable matters have been attended to a possibility exist that a small number of those presently identified as chamber matters may require a public hearing. In this event they will be dealt with during January 2001.

The Amnesty Committee has indicated that it will have completed all its amnesty work by the end of March 2001.

   

11.3

Other Outstanding Tasks

   

11.3.1

In order to certify that all applications for amnesty have been dealt with in terms of the Act, the AC will conduct an audit of all the amnesty applications received. Work on this task is already underway.

   

11.3.2

Proclamations are required to be drafted and published as and when the amnesty decisions are finalised.

   

11.3.3

Data capturing of amnesty hearing information and cross referencing with HRV database will continue until the last decision is made.

11.3.4

Finalisation of 302 outstanding amnesty decisions.

   

11.3.5

The AC will assist with the drafting of the Amnesty section of the Codicil

12.

Codicil

 

After the completion of the AC’s work a Codicil to the TRC Report will be prepared and presented to the President.

An oversight Committee comprising of three Commissioners has been established to oversee and manage this process.

Preparations for the writing of the Codicil have commenced and drafts relating to various aspects of the TRC’s work post October 1998 have already been written.

The Codicil shall deal with the following matters:

12.1

A volume dealing with approximately 20 000 victim summaries.

   

12.2

A volume dealing with all aspects relating to the amnesty process.

   

12.3

A volume dealing with R&R and HRV related matters.

   

13.

Documentation Centre and Archiving of Intellectual Assets of TRC

   
 

The TRC has a well-established Documentation Centre that employs the State approved DCS filing system for all the intellectual assets of the TRC.

   
 

Already some 2 500 linear meters of filing has been prepared and relates predominantly to the activities of the HRV Committee and Amnesty Committee up until October 1998 and part of 1999.

   
 

The filing of documentation is an ongoing process and can only be properly assessed once all activities of the TRC’s Committees have ceased.

   
 

The TRC/Justice Committee are in close liaison in this regard and shall shortly be meeting with the Department of Justice Archive as well as with the National Archivist to discuss the facilitation of this archiving process as well as the implications of the forthcoming legislation - Promotion of Access to Information Act, No. 2 of 2000.

 

14.

Dissolution of the TRC

   

14.1

Once the AC has completed its work the President is obliged to :

   

 

Reconvene the Commission to complete the final report (Codicil); and

   
 

to determine a date for the dissolution of the Commission

   

14.2

According to the provisions of Section 46 of the Act, the Minister, after the dissolution of the TRC by the President, shall have the authority to wind up the affairs of the Commission as he sees fit.

   

15.

Conclusion and Recommendations

   
 

It is recommended that the President and the Government :

15.1

Take notice of the current status of the work of the TRC and its three functional Committees.

   

15.2

Take notice of the projected dates for the completion of the work of the three Committees and the administrative winding up of the TRC.

   

15.3

Take notice of the establishment of a committee comprising of representatives of the TRC and the Department of Justice to manage and oversee the administrative issues referred to in the Act.

   

15.4

The President considers exercising the power conferred upon him by the Act to issue a proclamation in the Gazette to reconvene the Commission and to fix the date upon which the TRC will be finally dissolved.

   

15.5

The Government on a urgent basis approves the allocation of funds referred to in paragraph 8 to enable the TRC to complete its mandate according to the Act.