Mandate: Established by Parliament, to investigate gross human rights violations (abductions, killing, torture, and severe ill treatment) committed by state and liberation movements between 21 March 1960 and 10 May 1994; also held special hearings focused on specific sectors, institutions, and individuals.  “The Act gave the commission the power to grant individualized amnesty, search premises and seize evidence, subpoena witnesses, and run a sophisticated witness protection program.”

Staff:  17 Commissioners and 300 additional Staff

Structure: Three committees: (1) Human Rights Violations Committee, collected statements and recorded evidence, (2) Amnesty Committee, processed individual amnesty applications, (3) Reparations and Rehabilitation Committee, designed and submitted recommendations for reparation program.

Budget: $18 million

Results: Took testimony of approximately 21,000 victims, ± 2,000 appeared at public hearings; 7,112 amnesty applications received

Click here for the Truth and Reconciliation Commission of South Africa Report (1998 – first 5 volumes) and (2003 – volume 6 & 7)

January 2008: In 2006, a TRC unit was established to oversee the implementation of the TRC's recommendations, including issues around reparations and exhumations. Civil society has been vocal about the lack of consultation and communication from the government on the setting up of this unit.

The payment of reparations recommended by the Truth and Reconciliation Commission finally began in 2003, five years after the completion of the TRC. However the reparations, paid to 21 000 victims, only amounted to R30 000 (approximately $3500), a figure far short of that proposed by the TRC, and only a fraction of the money put aside for the purpose. The President's Fund is rumoured to still contain around R600 million, although the exact figure has not been released, and many commentators have criticised the government for not allocating the rest of this money. [ATJRN Newsletter]

In December 2005, the National Prosecuting Authority in South Africa controversially amended the prosecution policy, by incorporating new criteria to consider when taking forward prosecutions with respect to offences committed during the conflict. Specifically, the National Director of Public Prosecutions is empowered to exercise the discretion not to prosecute when the accused makes full disclosure and satisfies the same tests as applied by the TRC's amnesty committee.

A group of survivors and NGOs have lodged an application with the high court challenging the guidelines on the basis that it goes against the constitution and international law.

Adrian Vlok, former Minister for Law and Order during apartheid, Johannes van der Merwe, former Commissioner of Police, and three other police officials, were prosecuted for the attempted murder of Rev. Frank Chikane in 1989. Through a plea bargain agreement criticised by human rights groups, (see, for example, the Khulumani statement) they were given a suspended sentence of ten years imprisonment. Vlok had previously appeared before the TRC and been granted amnesty for the limited number of crimes he confessed to, but these did not include the attempted murder of Chikane. [SABC news]

A missing persons task team has also been established, and is responsible for exhumations, reburials and further investigations into disappearances. For further information, see http://www.npa.gov.za/ReadContent405.aspx

In October 2007, the United States Court of Appeals ruled that, under the Alien Torts Claims Act, the US has jurisdiction to hear the csae brought by the Khulumani Victim Support Group against 24 multinational companies which they claim "aided and abetted" apartheid. Amongst the companies are IBM, General Motors, Rheinmetall Group and Barclays Bank. The case has been opposed by both the US and South African governments, arguing that the case threatens US-South African relations, or could in some way threaten South Africa's sovereignty. The case is unlikely to start any time soon.