Transitional Justice

Legislation providing for the establishment of a Truth and Reconciliation Commission (TRC) has recently been passed by South Africa's Parliament. This represents the culmination of a set of debates centred on how best to confront a past characterised by massive violations of human rights in a country which has recently undergone a transformation to democracy. This article tracks these debates from the beginnings of South Africa's transition in 1990 to the finalisation of the TRC legislation in mid-1995. It describes the aims, powers and structures of the TRC and in so doing engages with some of the more controversial and difficult areas of its work.

This report answers the question as to why a witness protection programme is necessary in South Africa. It offers a brief evaluation of witness protection in South Africa up to and including the Goldstone Commission's witness protection programme. Thereafter, it examines some of the broader issues that need to be taken into account with the conceptualisation and establishment of such an initiative. The ultimate object of this paper is to provide concrete recommendations, suggestions and potential solutions to the various problems raised.

This paper examines various issues relating to the investigation units (IU) of the Truth and Reconciliation Commission (TRC). Based primarily on extensive interviews with people involved in the Goldstone Commission's investigations and those involved in other relevant investigations into human rights violations, this paper highlights the issues that will need to be addressed in the establishment of investigation units for the TRC.