NAME OF MECHANISM

Reparations programme

PERIOD OF OPERATION

2005 – present. The Committee on Reparations and Rehabilitation, established as part of the Truth and Reconciliation Commission (TRC) by Section 42 of the Promotion of National Unity and Reconciliation Act 34 of 1995, made a number of recommendations regarding reparations. The government took its recommendations into account only once the TRC as a whole had finished its work, waiting until 2003 to announce a formal reparations policy. The reparations programme was launched in 2005 and will continue to operate until it is closed by a formal proclamation from the South African president.

RESOURCES

Promotion of National Unity and Reconciliation Act 34 [1995]
Committee on Reparations and Rehabilitation’s recommendations
President’s Fund Annual Report [2009–10]
President's Fund Annual Report [2007–08]
President’s Fund Annual Report [2006–07]
Proposed Regulations Regarding Reparations [2011]

RESULTS

From 1998 to 2000, approximately 12,000 victims identified as in need of Urgent Interim Reparations by the TRC were granted one-off payments ranging from a baseline of R2,000 to R6,000 (up to about US$800) at most. These payments occurred outside the framework of an official reparations policy, which was only announced in 2003 [CSVR | 2000].

According to the Department of Justice, within which the President’s Fund is housed, a total of R525 million was paid to 15,839 beneficiaries from the 2003–2004 financial year until 2008-2009. Each victim, again identified by the TRC, received a once-off payment of R30,000 (about US$4,000). The 2007–2008 President’s Fund annual report indicates that the fund contained R811,930,325 (about US$108 million) in 2008. With the accumulation of interest, the fund likely contained R900 million (about US$120 million) by 2009–2010 [Parliamentary Monitoring Group | 24 June 2009].

Since 2005, victims’ groups and CSOs have requested access to information regarding the use of the funds. In May 2011, the government released proposed regulations regarding the use of reparations for public comment [M&G | 20 May 2011].

BACKGROUND

The Committee on Reparations and Rehabilitation’s recommendations regarding reparations included a focus on individual monetary payments (over six years), access to services and symbolic reparations. The government’s official reparations policy provided for a much reduced programme of individual once-off payments to victims identified by the TRC, symbols and monuments, as well as medical and other forms of social assistance.

SOURCES

[Centre for the Study of Violence and Reconciliation | 2000]
[Parliamentary Monitoring Group | 24 June 2009]
[Traces of Truth]