NAME OF MECHANISM

Commission of Enquiry into Complaints by Former African National Congress Prisoners and Detainees (Skweyiya Commission)

PERIOD OF OPERATION

March – October 1992. The Skweyiya Commission operated for seven months and its final report was released in October 1992.

MANDATE AND OPERATIONS

Mandate: Initiated in 1991 by a group of former detainees who were held in African National Congress (ANC) camps, the commission was formally established by ANC President Nelson Mandela to investigate complaints about torture and other abuses committed against suspected spies and insubordinate members in detention camps in Angola, Zambia and Tanzania from 1979 to 1991, and to recommend further action.

Staff: Three commissioners, two of whom were members of the ANC. Chaired by Advocate Louis Skweyiya.

RESOURCES

Skweyiya Commission Report [1992]

RESULTS

The commission documented repeated violations of human rights and 29 cases of disappearance (20 of them in depth). The report did not name the individuals responsible. The commission recommended that the report be made public, which it was. It also recommended the appointment of another, independent commission to investigate disappearances and other abuses, as well as to address some of the shortcomings of the Skweyiya Commission, including being seen as biased towards the ANC and being unable to name those responsible.

NAME OF MECHANISM

Commission of Enquiry into Certain Allegations of Cruelty and Human Rights Abuse against African National Congress Prisoners and Detainees by African National Congress Members (Motsuenyane Commission)

PERIOD OF OPERATION

February – August 1993. The Motsuenyane Commission operated for seven months and its final report was released on 23 August 1993.

MANDATE AND OPERATIONS

Mandate: Established by the ANC to continue the work of the Skweyiya Commission, this time with three independent commissioners (the Skweyiya Commission had two ANC commissioners and one independent commissioner), again investigating human rights abuses that occurred in ANC detention camps from 1979 to 1991.
Staff: Three independent commissioners, Dr. S.M. Motsuenyane, Hon. Margaret Burnham and Advocate D.M. Zamchiya.

RESOURCES

ANC Submission to TRC [1996]

RESULTS

The commission heard 50 witnesses and documented 32 cases of torture and other abuses in ANC detention camps. The report named some of those responsible. It was made public and the ANC accepted responsibility for the abuses in an official response, noting, “Violations of human rights must always be condemned, no matter by who, against whom. It is especially painful for us that the heroism of our combatants in exile should be tarnished by such unacceptable and tragic episodes as are revealed in the Motsuenyane Commission Report. Our movement has always held that the standard by which we judge ourselves has never been the same as the apartheid regime's. We therefore appreciate the fact that the Commission has judged us by the highest standards, according to internationally accepted norms.” In its submission to the TRC, the ANC stated that it “deeply regrets the excesses that occurred” [ANC | 1996].