The state and TRC’s unresolved cases

THE work of the Truth and Reconciliation Commission is held up internationally as an example of how a country can deal with human rights violations after a conflict and move on with the project of building a new and just society.

Unlike the Nuremberg Trials and other post-conflict retributive justice mechanisms adopted by other countries in the past, the strength of the TRC process was its emphasis on reconciliation and restorative justice.

It demanded that those who sought amnesty for their human rights abuses reveal all about the crimes they had committed, as such disclosure would help the families of victims get closure.

Those who did not, would not get amnesty and would be prosecuted for their crimes.

It is disappointing that, more than a decade since the TRC completed its work, the state has yet to show any real commitment in investigating the scores of cases that remain unresolved.

Polokwane mayor Thembi Nkadimeng’s heartbreaking bid to find out what happened to her sister, Nokuthula Simelane, is but one reminder that hundreds of families across South Africa still live with the pain of not knowing what happened to their loved ones.

Simelane, an ANC activist, was abducted by apartheid police 32 years ago. Four policemen admitted to kidnapping and torturing her for five weeks, but none would say what happened to her. As a result, they were not granted amnesty.

It is shocking that Nkadimeng has had to resort to legal action against the minister of justice, the national police commissioner and the National Prosecuting Authority in an attempt to force them to investigate and prosecute the four.

Why would a democratic government drag its feet instead of doing all in its power to find out what happened to some of those who sacrificed their lives for freedom and democracy?

We can only assume this reluctance concerns secret deals between apartheid operatives and the new rulers at the dawn of democracy.

If indeed that is the case, it will undermine the whole TRC in the eyes of those still haunted by not knowing what happened to their relatives.

As a country, we cannot really break with our dark past unless the full truth is revealed and the families of victims find closure.