Centre for the Study of Violence and Reconciliation

Who Should Apologise to Whom?

Urgent Public Statement: Endorsed by 17 Organisations
4 September 1997

On the National Party Court Case against the
Truth and Reconciliation Commission

On the 5th of September 1997 the National Party (NP) will take the Truth and Reconciliation Commission (TRC) to court for what it claims has been biased behaviour. The NP claims that specifically the Chairperson Archbishop Tutu and Vice-Chair Dr Boraine have contravened the stipulations of objectivity and independence demanded by the Promotion of National Unity and Reconciliation Act. The NP objects to the manner in which Archbishop Tutu dealt with Mr De Klerk and his evidence given at the second round of the political party submission hearings. The NP are calling for the resignation of Dr Boraine on the grounds that he is unobjective and are demanding that the TRC and Archbishop Tutu refrain from public comment which is not impartial and pre-judges the findings of the TRC.

As organisations who are deeply committed to building reconciliation, through investigating and acknowledging the past in South Africa, we find the calls and legal actions of the NP contrary to the spirit of truth-recovery embodied by the TRC. Throughout its life the TRC has, at different points, been in conflict with all the major political parties. If anything, groups like ourselves and probably many victims of abuses, have felt that the TRC has not confronted those appearing before it rigorously enough.

In August 1996, 25 organisations signed a statement calling for careful scrutiny and cross examination of the testimony given to the TRC by political parties. Several organisations then registered their dismay at the vagueness of the first political party submissions and called on the TRC to further question all parties. Questions were even submitted by organisations to be asked of party leaders. The second round of hearings that followed were much more substantial. The rigorous questioning of Mr De Klerk was precisely what we expected from the TRC and the questioning should be applauded and not condemned.

It is undeniable that human rights violations were committed under the auspices of the NP government. For the TRC to challenge Mr De Klerk's continued statement of a lack of knowledge of such abuses, as he maintained in the political party submission hearing, is not to act in an unobjective way. Rather, Archbishop Tutu and Dr Boraine challenged - as they should have - a denial of a very real fact. It is ironic that the NP demanded an apology from Archbishop Tutu for this questioning and comments on their testimony when the vast majority of South Africans feel that the NP should be apologising to the nation.

This absurd claim by the NP points to the likelihood that they are using the court case for political ends. It appears as if the court case is being used to gain media coverage in a desperate attempt to rescue the Party's degenerating social profile. It seems likely too, that the NP will use any judgement in the case to discredit the final report of the Commission. Finally, the court case may be yet another way for the NP to avoid taking responsibility for the actions of its security forces and to make a contrite apology.

In light of this, we call on the National Party to:

We urge the Truth and Reconciliation Commission to continue its work under the leadership of Archbishop Tutu and Dr Boraine, whose integrity we and many South Africans fully endorse. We also encourage the TRC to use its powers to vehemently defend the rights of victims and remain committed to aggressively pursuing the truth about South Africa's dark past.

Endorsed by:
For Questions Contact:

Brandon Hamber (Centre for the Study of Violence & Reconciliation), or
Sean O'Leary (Justice and Peace Commission, SACBC)

 
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