Post-TRC Prosecutions in South Africa

Post-TRC Prosecutions in South Africa PDF

Author: Ole Bubenzer

Publisher: BRILL

Published: 2009-10-31

Total Pages: 272

ISBN-13: 9047430476

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After the transition to democracy in 1994, South Africa implemented an innovative scheme at the Truth and Reconciliation Commission, granting perpetrators conditional amnesty. It essentially calls for the prosecution of those who did not receive amnesty for the crimes they committed during the apartheid conflict. This book provides the first comprehensive analysis of prosecutions after the amnesty process. Drawing on interviews with key protagonists and largely unpublished documents, the volume analyses trials and the political background. It scrutinises the issue in the normative framework of national and international human rights law, and addresses whether the prosecutions were adequately carried out. The study thus allows a concluding evaluation of the justice and consistency of South Africa’s internationally acclaimed amnesty process.

The Limits of Transition: The South African Truth and Reconciliation Commission 20 Years on

The Limits of Transition: The South African Truth and Reconciliation Commission 20 Years on PDF

Author: Mia Swart

Publisher: BRILL

Published: 2017-08-07

Total Pages: 324

ISBN-13: 9004339566

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The Limits of Transition: The South African Truth and Reconciliation Commission 20 Years on is an interdisciplinary collection that celebrates and critiques the work of the TRC after 20 years. The authors consider whether the TRC has continued relevance for South Africa. The book further explores the legacy of the ‘unfinished business’ of the TRC.

After the TRC

After the TRC PDF

Author: Wilmot Godfrey James

Publisher: David Philip Publishers

Published: 2001

Total Pages: 264

ISBN-13:

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An important symposium on the process and legacy of the TRC that looks at historical and comparative, local and international perspectives, as well as unfinished business and building the assets of the nation. Has South Africa dealt effectively with the past, and is the country ready to face the future? What are the challenges facing both government and civil society in the years ahead? These and other questions are explored in this collection of essays by international and local commentators on the Truth and Reconciliation Commission. A range of perspectives on whether the TRC met its objectives of truth and reconciliation is presented. The areas of particular contention - the payment of reparation, the granting of amnesty, and memorialisation - are also examined. Finally, the major challenges facing South Africa are identified, and ways of meeting these challenges and developing the assets of the nation are explored.

Prosecuting Apartheid-era Crimes?

Prosecuting Apartheid-era Crimes? PDF

Author: Tyler R. Giannini

Publisher: Human Rights Program, Harvard Law School

Published: 2009

Total Pages: 178

ISBN-13:

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This book presents diverse perspectives on prosecutions in South Africa, including a foreword by playwright and actor John Kani. Throughout, it highlights such important themes related to any post-conflict prosecution as rule-of-law concerns, questions of evenhandedness and moral relativism, and the limits of a court-centered approach to justice.

Looking Back, Reaching Forward

Looking Back, Reaching Forward PDF

Author: Charles Villa-Vincencio

Publisher: Zed Books

Published: 2000-02-01

Total Pages: 0

ISBN-13: 9781856498203

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Born with an historic compromise that few predicted, the TRC has evoked emotions ranging from anger and confusion to sympathy and remorse. It has rarely generated indifference. This collection of essays constitutes a tour de force, capturing the essence of the TRC debate, while posing a set of questions with which this country is likely to wrestle for some time to come. Indeed, it is intended to provoke debate rather than provide simply answers to complex questions. This makes it a useful book for teaching purposes as well as for others interested in transitional politics. A number of different voices are heard, all seeking to provoke practical ways forward for a nation that in the early 1990's was teetering on the brink of collapse. The pertinent question posed by the book is: "Where does South Africa go in the post TRC period?" Equally important is the question: "Does the TRC model provide a viable alternative to prosecution for other countries in transition from oppressive rule to a society committed to human rights and the rule of law?"

The South African Truth Commission

The South African Truth Commission PDF

Author: Dorothy C. Shea

Publisher: US Institute of Peace Press

Published: 2000

Total Pages: 136

ISBN-13:

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In the latter half of the 1990s, South Africa's Truth and Reconciliation Commission (TRC) offered the country the chance to build a better future by facing up to its past. Amid saturation media coverage, victims of human rights abuses told their harrowing stories and perpetrators confessed to horrendous acts. Meanwhile, the commissioners grappled with decisions that would not only apportion responsibility and grant or deny amnesty but also have a profound political and social impact. To this highly charged, controversial subject, Dorothy Shea brings a rare combination of objectivity, thoroughness, and a firm grasp of both the principles and the political interests at stake. She begins by investigating the origins of the TRC in South Africa's transition from apartheid to democracy, and she examines the extent to which it learned from the experiences of earlier, Latin American commissions. Then she focuses on how the politics of the TRC were played out in issues such as amnesty, reparations, and prosecutions. Her report on the TRC offers a generally positive assessment and explains not only how South Africa measured up but also why. Finally, Shea draws lessons from the TRC experience that may help to inform future efforts to shape and establish truth commissions in other transitional societies.

Bulelani Ngcuka

Bulelani Ngcuka PDF

Author: Marion Sparg

Publisher: Jonathan Ball Publishers

Published: 2022-05-23

Total Pages: 346

ISBN-13: 1776191986

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"Highly relevant today as prosecutors deal with the aftermath of State Capture. Fascinating from the first page to the last." - Albie Sachs, Former Justice, Constitutional Court Courageous, yet contested, Bulelani Ngcuka has always stood up for what he believes in. His decision in 2003 as National Director of Public Prosecutions not to prosecute then deputy president, Jacob Zuma, is a decision he still stands by to this day. In this sweeping biography, based on many hours of interviews with Ngcuka, author Marion Sparg uncovers the roots of his fearless activism and tells his side of the story. She goes back in time to his modest beginnings in the Eastern Cape, to his lawyering years with the formidable Griffiths Mxenge, his various periods of detention, exile, and his homecoming. Ngcuka played a critical role in establishing the National Prosecuting Authority, the elite crime-busting unit the Scorpions, and other mechanisms to tackle the country's crime and corruption problems. Soon he faced one of his most difficult tasks – confronting former comrades who had become involved in illegal activities. The Sting in the Tale is a first-hand account of our most recent legal and political history. It is also an intriguing story about political manoeuvrings, bombings and hijackings, urban-terror and "whispering" campaigns, lies, murder, alleged spies, intrigue, family, and love.

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