Volume
FIVE Chapter NINEReconciliation
1 The Commission sought to highlight the deep damage inflicted by past gross human rights violations on human relationships in South Africa. While the main conflict was between a state representing a white minority and an oppressed black population, the conflict found expression in various ways and involved different sections of the population, exploiting and creating divisions within and between communities. The young and the old, men and women, members of the same family or organisation, neighbours, different ethnic and racial groups often turned against each other. People were victimised in different ways and a range of gross human rights violations was committed. The result demands extensive healing and social and physical reconstruction at every level of society. Sometimes these different needs themselves compete with one another, leading to fresh conflicts. This makes reconciliation a complex, long-term process with many dimensions.
2 With its short lifespan and limited mandate and resources, it was obviously impossible for the Commission to reconcile the nation. The following selected moments from the life of the Commission do, however, express significant steps in the reconciliation process. Some are beacons of hope. Others warn of pitfalls. Together they constitute signposts on the long road towards making individual, communal and national reconciliation a living, lasting reality in South Africa.
3 Clearly, everyone who came before the Commission did not experience healing and reconciliation. However, extracts from testimonies before the Commission illustrate the varying ways and degrees in which people have been helped by the Commission to restore their human dignity and to make peace with their troubled past. They include cases where an astonishing willingness to forgive was displayed, where those responsible for violations apologised and committed themselves to a process of restitution, and where the building or rebuilding of relationships was initiated.
4 This chapter underlines the vital importance of the multi-layered healing of human relationships in post-apartheid South Africa: relationships of individuals with themselves; relationships between victims; relationships between survivors and perpetrators; relationships within families, between neighbours and within and between communities; relationships within different institutions, between different generations, between racial and ethnic groups, between workers and management and, above all, between the beneficiaries of apartheid and those who have been disadvantaged by it. After a visit to Rwanda, Archbishop Tutu said:
We must break the spiral of reprisal and counter-reprisal… I said to them in Kigali "unless you move beyond justice in the form of a tribunal, there is no hope for Rwanda". Confession, forgiveness and reconciliation in the lives of nations are not just airy-fairy religious and spiritual things, nebulous and unrealistic. They are the stuff of practical politics.
Healing through truth-telling and official acknowledgement
5 At a follow-up post-hearing workshop in Reiger Park, Anglican Bishop David Beetge said:
[The Commission] has given the opportunity for people to tell their story, stories which [could] never be told before... There were so many unhealed wounds before the [Truth and Reconciliation Commission] began its work. The evidence of those who have given witness [is] that, by telling their story, they have shared a burden and found a new sense of peace. This is very obvious from the sheer look of some of them as they walk out of the meetings of the Commission. Archbishop Tutu has said truth will ultimately come out; it cannot be concealed forever. It is in its very nature to reveal, to throw light, to clarify what is hidden. There are ways and ways of telling our stories and we are not encouraging people to relive and retell their stories endlessly and promiscuously – never moving forward, never leaving the past behind.
We retell our painful stories so that we shall remember the years that lie behind with all their struggles and terror as the way that led to new life…
6 Not all storytelling heals. Not everyone wanted to tell his or her story. Many, on the other hand, were able to reach towards healing by telling the painful stories of their pasts. The healing potential of storytelling, of revealing the truth before a respectful audience and to an official body, is illustrated by the following testimonies:
7 At a Commission hearing in Heideveld, Cape Town, Mr Lukas Baba Sikwepere was given the opportunity to relate, in his own language
1, his account of the human rights violations of which he had been a victim. During a political conflict in KTC (one of the informal settlements around Cape Town) on 31 December 1985, police allegedly began shooting at a number of people gathered around a police vehicle.I decided to walk, because I knew that if you run, you were going to be shot…When I arrived at the place – when I thought, now I am safe, I felt something hitting my cheek… I felt my eyes itching… I was scratching my eyes, I wasn’t quite sure what happened to my eyes….
8 Mr Sikwepere described to the Commission how he was shot in the face and lost his sight. He also told of how, two years later, the police beat him with electric ropes, suffocated him, forced him to lie in an empty grave and tortured him in other ways.
9 When a Commissioner asked Mr Sikwepere how he felt after having delivered his testimony, he replied:
I feel that what has been making me sick all the time is the fact that I couldn’t tell my story. But now it feels like I got my sight back by coming here and telling you the story.
10
Quite often, witnesses revealed far more in oral testimony than they had in their written statements. This is illustrated by the testimony of a middle-aged woman, Ms Yvonne Khutwane, at the Worcester hearing:
I was just alone at the back of the Hippo
The other question that they asked me is, how do I feel when they – when I am having intercourse with a man. This was too much for me because they were repeating it time and again, asking me the same question, asking me what do I like with the intercourse, do I like the size of the penis or what do I enjoy most.
So the other one was just putting his hand inside me through the vagina. I was crying because I was afraid – we have heard that the soldiers are very notorious of raping people. This one continued putting his finger right through me, he kept on penetrating and I was asking for forgiveness and I was asking them what have I done, I am old enough to be your mother. But why are you treating me like this. This was very, very embarrassing. It was so painful. I couldn’t stand it, because these kids were young and they were still at a very young age, they had all the powers to respect and honour me. They were just the same age as my children and look what were they doing to me.
11 In her written statement, Ms Khutwane had made no mention of this sexual assault. In her debriefing session, she said that this was the first time she had spoken of it and that she felt tremendously relieved.
12 Mr Tim Ledgerwood, a former conscript in the South African Defence Force (SADF), went absent without leave in 1981 and later tried to join the African National Congress (ANC) military wing, Umkhonto weSizwe (MK). He was caught and severely tortured by the security police. At a special hearing on conscription in Cape Town on 23 July 1997, he said:
The [Commission] has deeply affected my life in a short space of time that has elapsed since I first came to their offices here in Cape Town and told my story to one of the investigators. It has begun a healing process in all sorts of relationships in my family and has enabled me to begin on my own road to inner healing. Having gone to the [Commission] with my story, it is almost as if it is all right to talk about it now. Slowly things are changing. As if I’ve been freed from a prison in which I have been for eighteen years. It is also as if my family has been freed.
My brother, who worked for Armscor [manufacturing military equipment for the apartheid state] for five or six years in the 1980s, is all of a sudden much softer, more human and more able to talk to me … It is almost as if the silence is ending, as if we are waking up from a long bad nightmare.
13 Storytelling activities, inspired by the work of the Commission, also took place outside the Commission itself. In the Western Cape, for example, the ‘Religious Response to the TRC’ held a number of ‘Healing of the Memories’ workshops. In different regions of the country, important work was done by, amongst others, the South African Council of Churches (SACC) and Khulumani, a victim support group facilitated by the Centre for the Study of Violence and Reconciliation in Johannesburg.
14 In June 1997, at the workshop that followed the human rights violation hearing in Sebokeng, Mr Duma Khumalo, representing Khulumani, expressed his appreciation of the Commission’s contribution:
We, as the Khulumani Support Group, the group that is mainly composed of victims based in the Vaal Triangle, would like to thank the Centre for Study of Violence for having considered the people of Vaal and, in that sense, having helped us to form this group that is existing today with a membership of more than 200 victims. I should say the Khulumani Support Group is very much aware of the objective of the [Commission], which is to promote healing, reconciliation and rehabilitation. We needed to consider the fear that was within the people in the Vaal Triangle of coming forward to tell of their experiences concerning the events and the incidents of the apartheid era. The [Commission] helped many of our people to break the shells of their griefs and fear that they had lived with in the past many years.
It’s the intervention of the [Commission] that brought about the dignity of the people that was lost during the political era in our country. People had no one to listen to their griefs or pay attention to some of those griefs until the establishment of [Commission] came into being. Then many of the victims came forward and started, for the first time, to talk about their past griefs… [edited]
15 The diversity of individual experiences was significant, certain of which vividly highlighted the long, difficult road to healing.
16 Ms Eleanor Juqu told the Commission about the killing of her son, Fuzile, by the police. Mr Juqu then testified about his painful search for his son:
Mr Juqu: I started at Tygerberg. I went through all the wards but I couldn’t find him there. I came back. I told myself, my wife, that I couldn’t find him. So, I went to Salt River. There I went to the police station. I asked them. They said no, they don’t know anything. They said no; you’re wasting our time. They said just go and sit over there. When I got to the police station, I was told that my son is in the mortuary… I saw him. Actually, he was lying on his stomach. His whole back was full of bullet holes. This policeman was a white man. I don’t even know his name. I didn’t even want to know his name because I was already hateful towards him.
Commissioner Ntsebeza: When you identified him, was he already dead?
Mr Juqu: Yes, they just told me that here he is, what do you think I should do?
Commissioner Ntsebeza: How did you feel during that moment when he said that?
Mr Juqu: If I had anything in front – in front of me or anything – any, any stick or any, any arm at all I will just throw it at him because my son was just lying there dead … [His clothes] looked like [they were] eaten by mice, and it was full of blood. There were many, many bullets. He had blood coming out of his nose. He was – he was just shot at the back by very many, many bullets.
Commissioner Ntsebeza: Were you called in to any court? Maybe in Wynberg?
Mr Juqu: Yes sir, I was called at Wynberg… They asked me, is this your son? I said, yes he is. He said, ja he is dead. So I said, so what should I do? He said: Oh! We are very sorry. So, I said, what are you sorry about? At that time I was already confused but I told myself no, let me just stand here and listen and this. [The] magistrate said, okay, there is nothing we can do. So I just turned around and I left. I didn’t give a damn what he was thinking about me, and I simply left.
Commissioner Ntsebeza: Do you know who can be blamed for this?
Mr Juqu: No. They just told me that they are sorry that my son has been shot; there is nothing then they can do. I said: Oh! Is that what you say? They said, yes, that’s what we say. So I just turned around and left.
17 When Mr Juqu was asked if the Commission could be of any help, his response was:
Ma’am, I am not here to get any compensation, I am just – I feel very hurtful for my shot son. It is the Commission that will see what it can do, but I am not here to tell the Commission what to do. I am not here to gain anything about that. I just feel very sore inside. My heart is broken. There is nothing else I am going to say now.
18 There were also, of course, people who were critical of the human rights violations hearings. These included survivors, who demanded justice and retribution, and activists who saw themselves as heroes rather than victims. Some psychologists and others expressed concern that adequate professional support was not provided after the hearings. The latter view was voiced by Ms Thenjiwe Mtintso, former Chairperson of the Commission on Gender Equality and currently Deputy Secretary General of the ANC, at the Commission hearing on women in Johannesburg:
I know, Chairperson, that the Truth Commission has got a programme of therapy, but I hope it can be sustained, because my own experience in the few months has been that some of the women whose wounds you opened – we did not pay enough time or give them enough opportunity to heal once they left these halls.
I have been to Cape Town where there were hearings, Chairperson. I have been to Port Elizabeth. I have been to King William’s Town. There are wounds that have been left gaping. It may not be the duty of the [Commission] alone; it may be the duty of the public, of all of us; but those wounds, they need to be addressed, Chairperson. You cannot open them in this hall and leave them gaping. Somebody has got to take responsibility.
19 A further cause of concern was the inevitably long delay between victims’ testimony at hearings and the implementation by the state of the Commission’s recommendations on reparations and rehabilitation. In a submission to the health sector hearing in Cape Town, Professor M Simpson, a psychiatrist specialising in post-traumatic stress disorder, raised a further concern:
There has been far too little genuine debate about the nature of social healing and what surely promotes it. Truth is one essential component of the needed social antiseptic which could cleanse the social fabric of the systematised habit of disregard for human rights, but it needs to be an examined truth; it needs to be considered, thought about, debated and digested and metabolised by individuals and by society. Failure to comprehend recent suffering is too often, in the studies I have made, the seed of future suffering.
Decriminalisation
20 Individual and social healing are lengthy, complex processes, of which the restoration of human dignity must be seen as an essential part. One of the most important contributions of the Commission was to help decriminalise the actions of the majority of those victims who opposed the former state. During the uprisings in the 1980s, in particular, thousands of young people were sentenced to prison for arson, public violence or attempted murder. An extract from a Ministry of Foreign Affairs secret memorandum to all members of the State Security Council (SSC), dated 12 November 1984, is significant in this regard – illustrating some of the ways in which political opposition was criminalised as part of the ‘total strategy’ against the ‘total onslaught’
Unrest situations: suggested terminological guidelines for official spokesmen1. Goals
1.1 To withhold positive political/social recognition, credit and publicity from the organisers (UDF3 et al) of riots, boycotts etc.
1.2 To channel the anger of the innocent masses against criminal activities.
1.3 To educate local and international opinions about the criminal nature and uselessness of these activities.
2. The Conceptual Framework for the Terminology
From the abovementioned goals it is clear that the main emphasis should fall on specific common law crimes and that references to crimes with political connotations should mostly be avoided, for example:
arsonists, looters, murderers, muggers
Where it is not practically possible to refer to specific common law crimes, descriptions such as "rioters", "boycotters", "protesters" should rather be avoided and replaced where applicable with descriptions such as:
hooligans, vandals, thugs
Where the instigator is associated with widespread actions/unrest his status is enhanced. As a guideline, it is suggested that militant organisations (ANC, UDF etc.) should rather be linked to individual atrocities (e.g. car bombs) than to mass actions.
3. Innocent victims of criminal actions
It is of the utmost importance that publicity should be given to the victims of violent activities. The "human dimension" is the key factor which must be used to foment sympathy and condemnation…4
21 The ideas contained in the memorandum illustrate the official mindset at that time – frequently appropriated by the media and promoted by many who were themselves directly involved in perpetrating gross violations of human rights. The guidelines provide some context for a statement by a mother of one of the seven activists killed in Gugulethu. After the second day of police testimony at the Commission’s hearing on the ‘Gugulethu Seven’, she told Commissioner Mary Burton that she felt much more comforted and reconciled; not, she said, because she was yet feeling forgiveness, but because "people now know that our sons were not criminals, but freedom fighters".
22 After Mr Jacob Nombiba’s testimony at the human rights violation hearing in Grahamstown on 7 April 1997, the chairperson, the Reverend Bongani Finca, captured this point as follows:
We found that many parents are not aware whether their children died as heroes because at that time you couldn’t go home and tell your parents what you were involved in. You did not want them to expect you to be shot and to be in jail. I think this is one of the important things in this Commission, that old people like you, at last, would find out the truth, the truth about the struggle of their children, because they did not tell them what was happening.
What is important to me is that maybe the Commission will give out a report that will help you to go to your children’s graves, to talk to your children – that you were not aware that they were fighting for their country – so that you can salute them.
23 Mr Richard Steele, a conscientious objector during the apartheid era, confirmed the healing power of decriminalisation at the special hearing on compulsory military service in Cape Town:
On the 25th of February 1980, I was sentenced by a military court in Pretoria to twelve months in military prison for refusing to be conscripted into the SADF. Although that day was scary because I knew that by nightfall I would be in prison, it was also one of the most powerful days in my life. On that day, I publicly and practically said ‘no’ to the whole system of apartheid and military conscription, both of which were anathema to my principles.
I can say that today, the 23rd of July 1997, is one of the most powerful days of my life as well, when I have the opportunity to publicly celebrate my survival through that year in prison and to say ‘yes’ to a society based on truth and reconciliation.
24 Thus on many occasions, the Commission was able to help restore the dignity of victims and their loved ones by respectfully acknowledging their contribution to the struggle against apartheid. Archbishop Tutu’s response to testimony by family members of the ‘Cradock Four’ at the East London hearing provides an example of this:
I wanted to say this when Miss Mhlawuli was here – but perhaps I should speak and you will tell her. I said after Ms Mazwai that I was deeply proud of the fact that I was black and that we had people of her calibre. We are proud to have people like you and your husbands, and the reason why we won the struggle is not because we had guns; we won the struggle because of people like you: people of incredible strength. And this country is fortunate to have people like you… We have a tremendous country, which has tremendous people, and you are one example of why we make it in this country. And that she, your daughter, should say, "I want to forgive, we want to forgive", after what she has experienced and seen what happened to her mother and to her father, and she says, "we want to forgive, but we want to know who to forgive". We give thanks to God for you, and thank you for your contribution to our struggle, and thank you, even if it was reluctant in a sense, rightly, thank you for sacrificing your husbands.
25 The work of the Commission also highlighted the impact of decriminalisation on those who always believed that the security forces were upholding the moral order and legitimately enforcing law and order against ‘terrorists’, ‘hooligans’, ‘vandals’, ‘arsonists’ and ‘murderers’. Those who supported the previous state or were conditioned by ‘total onslaught’ propaganda needed to come to terms with the painful truths uncovered by the Commission. This is illustrated in the following extract from an interview with a white Afrikaner victim of the St James Church massacre:
Coming from the apartheid era at my age, forty-three, I was never a supporter – an active supporter – of apartheid. But it’s something that you grew up with, and things changed quite fast in the last couple of years. All of a sudden you start hearing from the blacks how they’ve been ill-treated, exploited, all kinds of words, and all of a sudden you start seeing the bad side of it, and I think the media ran away with it. I think the media, from the one extreme, they went to the other extreme where we were hearing this on a constant basis. At first, it was an eye-opener to hear of it then, after a while, my feeling was, gee! when are they going to stop moaning? We’re just hearing the same type of thing all the time. It’s just sort of the names [that] change, but it’s the same thing all the time and was it really that bad?
You know, coming from a background where everything was fine for all these years, now all of a sudden the picture [is] changing, that the police were the ‘baddies’.
I don’t have a lot of contact with blacks myself in every day life, so your perceptions aren’t always a hundred per cent correct, and you tend to believe what the media tells you. And all of a sudden, the media turns around and [makes] the white guy, the police … the bad guy.
I started questioning the whole [Commission process], I think the role of the media – I think they went overboard and that created the impression that they just want to keep on highlighting that side of things. Yes, I think that’s why I called it a circus; that’s why I wasn’t keen on going at first. But then, because of my personal involvement, I thought, "no, let me just see".
And I think it was a sort of initial resistance that came about, which I think if I think of my friends and so on, it’s a fairly natural reaction.
26 It was even more difficult for those who were directly involved in the security forces to reconcile themselves with the decriminalisation of their former enemies. This difficulty was articulated by Ms Trudy de Ridder, a psychologist who had recently worked with a number of ex-SADF conscripts struggling to cope with their involvement in the war on the Namibian border during the 1970s and 1980s. In her written submission to the Commission, Ms de Ridder said5:
Central to most of these testimonies [by ex-conscripts] is the notion that the present has destroyed the foundations of ‘meaning’ these conscripts adopted to cope with their traumatic experiences. It is easier to cope with having killed someone you believe to be the sub-human agent of forces that wish to destroy everything you hold dear than it is to cope with having killed a normal man, woman or child that history happened to cast as ‘your enemy’.
This crisis is greatly intensified when it is revealed to you that the person you have killed is a ‘hero’ or ‘freedom fighter’ or ‘innocent civilian’ – which the South African transformation correctly described him or her to have been. Most of these conscripts have, up until now, silently considered themselves victims (of neglect and manipulation) but are now publicly portrayed as perpetrators (of apartheid military objectives or even of gross human rights violations)…
The Truth Commission has helped break the silence of past suffering, atrocities and abuses. In so doing, it has both released some traumatised ex-conscripts from the prison of silence and trapped them in the role of perpetrators of apartheid. For some, the contradictions of their experience might prove intolerable; for others, the process of revealing the truth about the past might allow them to confront and deal with their experiences.
27 The complexity of the impact of decriminalisation on different communities was illustrated by the testimony of Mr Chris van Eeden, president of a mainstream Afrikaner youth organisation, the Junior Rapportryers Beweging (JRB) at the Commission’s special hearing on children and youth, in Johannesburg:
In our organisation, there are a couple of thousand of young men. More than 50 per cent of them were national servicemen; the rest were too young. In my work in the JRB, I see most of these people during the year and we talk to each other.
I don’t want to blame the [Commission] – the media is inclined to look at these atrocities. But the same names, the same police are repeatedly referred to, while there is no mention made of the majority of people who were in the police and the Defence Force who weren’t involved in the atrocities.
They provided a service for the country, because they loved the country. This is still the case at present and they would probably do it again.
Commissioner Malan: Could I just interrupt you here, because I think we’ve got the message. I refer to the other part, you hear the same names and things but those are things that you didn’t hear when you were in the army? That is my question.
Mr Van Eeden: I can honestly say to you that these kinds of acts, no one can approve of. It makes you furious and angry because that is not what myself and thousands of young Afrikaner men got involved to do.
Commissioner Malan: Can I take the question a bit further and the answer. I know is very difficult for people to understand who look at this whole history from a different perspective… How is it possible that you didn’t know anything of it or did anything about it? Do you have a perspective on that?
Mr Van Eeden: War as such is a crime against humanity; there are no victors. I had personal knowledge because I saw it, of certain of these actions that took place. I saw the result of bodies being burnt. I had knowledge of that. I didn’t have knowledge of orchestrated efforts of forces that I served to incite such incidents…
Commissioner Malan: You say that you saw bodies that were burnt. What did you think was the reason for that? Who burnt them?
Mr Van Eeden: I didn’t have to think of what the reason was; it was quite clear. I did my service in Vaal Triangle in the 1990s and it was black on black violence. That it could have been incited from another force, well we have evidence for that now. But I have personal knowledge of, well, let’s refer to it as violence between ethnic groups, black ethnic groups in the Vaal Triangle, I saw that.
Commissioner Malan: You never saw some kind of an orchestrated effort from government?
Mr Van Eeden: No, I never experienced it as such and I think the evidence came as a shock.
28 The testimony of Ms Beatrice Sethwale on the death of her son, a black police officer, also drew attention to the difficult challenge of reconciliation within black communities: between those who fought against the apartheid system and those who were seen as ‘collaborators’ because they participated in state structures (black councillors) or helped to enforce the apartheid system (black police, ‘kitskonstabels’ 6). At the human rights violation hearing in Upington, Ms Sethwale said:
On the 13th November 1985, it was a Wednesday morning. My son was driven out of the house by a crowd of people who were stoning the house. We were in the house, 405 Philani Street. He was driven out of the house, and shortly afterwards, he was killed and burnt.
Briefly, what I would like to say is that the effect of my son’s death has been great. I have been scarred by my son’s death. Shortly afterwards, I had to remove my children from Upington, and I had to enrol them at schools elsewhere.
In 1986 December, I went back to my home, and I tried to pick up the pieces of my life again. Thereafter, I had to hear from the people in the Paballelo community that I had shopped my son to the police, that I had betrayed him to the police and that I had been paid for doing so – that I had been paid for my child’s murder.
I went through a great deal of pain through all these years. It is now ten years and ten months and forty-three days ago that he died, but the pain is still with me. It still lives inside of me because the ‘whys’ and the ‘wherefores’ I still don’t know. Although there are some people who pretend that nothing happened; there is a peace on the surface. The pain which I suffered, well I think my second eldest son, the one just after the deceased, I think his drinking problem is the result of the death of his brother.
During the time that I suffered so much, I felt like I had been ostracised from the community, that I had been rejected by the people. I felt that I could not look the world in the eye. I should just accept things as the world accepted me. It was a great pain for me to move in amongst the other women in the women’s associations and groups to go and pray. It was always, it felt to me as if I was accused of this ‘Upington 26’ case. It didn’t matter to them what was happening to me. Their prayers were always plaintive. I always had to hear about the food that they were dishing out to their loved ones, never mind the ones who had died. Even the ministers were the same. Not one, I didn’t hear one minister praying for the deceased’s mother who had also suffered a loss, who had also lost a son. The pain has been living with me through all these years.
The court case was a long protracted one, and I had to suffer a lot of prejudice, and people swearing at me, insults that I had to endure. But the fact that I am sitting here today does not mean that I want to accuse anybody in Paballelo of anything. I was quite sincere when I spoke to you during the Court case after I gave evidence. I was given the opportunity to speak to you and I am, I still say to you, I am extremely disappointed in you people of Paballelo community. Paballelo is a small community. We know each other. We know each other very, very intimately, and when we speak of each other, we immediately know who is being referred to and I still say to you, "I am disappointed in you". But there is nothing in my heart. I thought I just had to endure the pain and suffering that I was going through, but I still maintain that my faith in my fellow human beings has been scarred for life. I will, can never violate anybody else’s rights because you knew my son, Tsenolo Lukas. Some of you were his friends. But that means nothing. Talk will not bring him back.
My pain and suffering is still a reality, and that played a major role in that household because I don’t have a child in the Paballelo school. I would also have wanted my child to go to school there. I had to remove my children, and I had to go and live with other people. The hardship, the songs that you sang for me, that really affected me badly. It happened not that long ago. The last song was u-Jetta and that was such a bitter thing for me because some of you who sang that song, you go to the same church as I do, and some of you have very high posts, as you sit here. Some of you didn’t know what exactly took place that day, but you just felt that you could just ride roughshod over my feelings. You felt that you could sing that song, but when you saw me walking across the street you started singing this u-Jetta song. I laughed at you. I answered you and said Jetta didn’t hurt you, he is dead and that is nothing less than the truth.
Paballelo community, the community killed my child and they burnt him to death. That is the truth. Lastly, I would like to say thank you very much to the South African Police (SAP) who looked after me and my children as well during that time. Thank you very much. For the ‘Upington 26’ group I want to say it was a low blow, it was a heavy blow, but I picked myself up again, I survived. Thank you…
Commissioner Wildschut: [That is] why we felt it is important that you too have the opportunity to tell your story today. I think that many people say, looking back they acknowledge the fact that they didn’t give you that opportunity and didn’t recognise your pain and your grief. People are saying today that it is important for reconciliation and for healing to take place; that we begin to acknowledge that you too went through a lot of suffering. How do you feel about the fact that people are now beginning to say that they would like to work towards reconciliation first by beginning to acknowledge that you yourself have suffered?
Ms Sethwale: I feel I am already dead and that this process will be a very long and time-consuming one. It will take a lot of effort to make me entirely normal again because I have actually become quite used to my pain and place where I find myself currently. I don’t bear any grudges against anybody. But if you lose your confidence and your faith in other people, it is very hard to restore. My faith in my fellow human being has been shattered, but I don’t bear anybody any grudges.
Exoneration
29 A particularly complex healing process is involved in restoring trust where someone has been falsely accused of being a spy or an informer. In a number of cases, the Commission helped to restore the dignity of those who were thus falsely accused. This is illustrated by the testimony of Ms Evelina Puleng Moloko on the ‘necklacing’ of her sister, Maki Skosana, after the latter was suspected of being involved in the killing of a number of youths when booby-trapped hand grenades blew up in their hands. Ms Moloko told her story at the Duduza human rights violations hearing:
Maki was a Comrade. She was politically active. We woke up, and we saw quite a number of corpses around the place lying on the ground. Maki went to have a look at these bodies because we were preparing to go to work on that particular morning. Maki came back, and she was in tears when she came back, and she was in shock. She also mentioned the names of the people or the bodies that were lying around on the ground. She said they were Ngungun Yani, Lucky and others. After that incident, we heard that there were rumours around the location, and it seemed it was common knowledge that Maki had a hand in the killing of those youths...
I spoke to Maki as a sister, and I told Maki that it was better for her to run away, and she told me that she was not going to run away because whatever they said she had done, she had not done. She was innocent. Maybe they will realise later on that they were making a mistake. That is when Maki decided to stay at home and not hide…
We knew that Maki was an innocent victim, and today it has come to the surface. Mamasela [former security police agent/askari
We were hearing rumours that informers have a lot of money, but Maki did not have any. There is quite a number of rumours as well as lies that were disseminated with regard to my sister. They said that the Government had bought us the coffin. We collected our own money in order to conduct the funeral. The Government did not help us in any way… after Maki’s funeral there were also rumours that were circulating that they had killed the wrong person...
Chairperson: Puleng Moloko and the family, we would like you to note that the death of Maki was a national shame. South Africa was looked upon internationally, more especially those who were fighting against apartheid, as beasts, as carnivores and that the family managed to stand by Maki even at a time when everybody was saying, away with that family. We salute you… Maki and the family have emerged, after all these disclosures, as heroes. I would say this hearing and this hall have witnessed, who have witnessed this testimony, are witnesses of how noble Maki was, and I will, without shame, request this house to stand and observe a moment of silence. Can we all rise. Thank you.
Exhumation and reburial
30 Victims regularly requested the Commission to help them find loved ones who had disappeared or to locate the bones of those who died in the conflicts of the past. The Commission was, through intense investigation, able to uncover the truth in more than fifty cases.
8 For example, the body of Ms Phila Portia Ndwandwe (MK alias, Zandile) was exhumed on 12 March 1997. Ms Ndwande was the acting commander of Natal MK activities initiated from Swaziland. She was abducted from Swaziland by members of the Durban Security Branch but refused to co-operate with the police. It seems that the police did not have admissible evidence against her, but felt they could not release her. She was kept in custody and tortured. Eventually she was killed and secretly buried on a farm in the Elandskop area, near Pietermaritzburg. When she was exhumed, her pelvic bones were covered with a plastic supermarket packet with which she had tried to protect the dignity of her naked body.31 The Commission provided financial and logistic assistance to the relatives of those victims whose remains were exhumed, so that dignified reburials could take place. These exhumations and reburials were sad occasions, but the families expressed their relief at the end of many years of uncertainty.
32 There were, sadly, still at least 200 such cases outstanding when the Commission’s work ended in June 1998. There were also requests and demands that the programme of exhumation be extended to neighbouring and other foreign countries.
33 Reconciliation meant that perpetrators of gross human rights violations must be given the opportunity to become human again. Ms Cynthia Ngewu, whose son was killed by the police in the ‘Gugulethu Seven’ incident, confirmed this crucial insight. At the forum on Reconciliation, Reconstruction and Economic Justice in Cape Town on 19 March 1997, Ms Ngewu was asked how she saw the notion of reconciliation. She responded as follows:
Ms Ngewu: What we are hoping for when we embrace the notion of reconciliation is that we restore the humanity to those who were perpetrators. We do not want to return evil by another evil. We simply want to ensure that the perpetrators are returned to humanity.
Ms Pumla Gobodo-Madikizela: Many people in this country would like to see perpetrators going to prison and serving long sentences. What is your view on this?
Ms Ngewu: In my opinion, I do not agree with this view. We do not want to see people suffer in the same way that we did suffer, and we did not want our families to have suffered. We do not want to return the suffering that was imposed upon us. So, I do not agree with that view at all. We would like to see peace in this country… I think that all South Africans should be committed to the idea of re-accepting these people back into the community. We do not want to return the evil that perpetrators committed to the nation. We want to demonstrate humaneness towards them, so that they in turn may restore their own humanity.
34 Similar sentiments were echoed at the amnesty hearing of Mr Brian Gcina Mkhize, a former Inkatha Freedom Party (IFP) hit squad commander in the Esikhawini area on the KwaZulu-Natal north coast. Mr Mkhize was serving a life sentence for two murders. He applied, together with six other members of a Caprivi-trained hit squad, for amnesty for more than fifty-six incidents of violence. At the amnesty hearing in Richards Bay, Mr Mkhize drew attention to the need for the many IFP and ANC "foot soldiers" who committed gross human rights violations to "become human again":
We represent IFP prisoners in reconciliation with ANC prisoners… There are a lot of people who are in prison who are responsible for actions similar to ours. But organisations today are not interested in those people. They are speaking about peace processes, but are not concerned about the foot soldiers who carried out these activities…
We need counselling because this affects you mentally, psychologically. Nobody has come forth to suggest how we can get this counselling; how the element of criminality can be rooted out; how we can become human again.
35 Testimony to the Commission underlined the profound challenges faced by perpetrators and victims in the light of the violations perpetrators had committed against their fellow human beings. The restoration of their dignity would be a painful and difficult process. The following testimony was given at the gross human rights violations hearings in East London:Ms Bawuli Mhlawuli: After my father’s death, we went back to Oudtshoorn. That’s where my mother was teaching. There was this particular morning when we were all sleeping in one room... they would just kick it open you know, and my mother just thought there was nothing else she could do. She just went to open the door. She led them into the house, and as usual they came in and were searching for things that we didn’t know. They came across one big poster titled ‘Freedom Now’ and they took it. And they saw some sympathy cards from people who were very sympathetic and sent the stuff from all over the world… This one policeman whose name was Kroeter, he came across those, and he was making fun of them saying, "Dit is die kaarte van die doeie man" [These are the cards of the dead man], and they were kind of making a joke out of it, out of the death.
After that, this man Kroeter was like harassing my mother; he was screaming and yelling at her, asking whose belongings are these, why does she say everything belongs to my father? And my mother said, "because the stuff does belong to him", and he doesn’t necessarily do what he does with her, because he was like barking, like talking to a dog. My mother said, "I’m a human being, so are you, so you don’t need to speak the way you do."
This man said, "The truth will come out one day", and that was very ironic because here we are today in the Truth Commission talking about this truth. And I mean I never expected him to say that because the truth that is coming out is based on him now, not us. We’re the victims. He’s the one that committed all this pain to us, you know. And after that my mother said, "I agree with you very much, I strongly agree with you. The truth is definitely coming out one day." And this man sat down, and for once ever since he entered the door, he sat down, and he asked my mother if he could smoke. My mother said, "Okay fine", he could smoke. He lit a cigarette and he sat down and smoked. He looked quite withdrawn after that. And they had arrived at our house around about twelve midnight, and now it was around about six in the morning.
Mr Smith: So they were there for the whole evening?
Ms Mhlawuli: For the whole evening.
Mr Smith: Kept you out of sleep?
Ms Mhlawuli: Yes, and we never got to go back and sleep; we just had to get ready to go to school.
Mr Smith: How old was your younger brother at the time?
Ms Mhlawuli: He was three years.
Mr Smith: Three years! How was he affected by this?
Ms Mhlawuli: We used to go to town with my mother or just go out, but my brother, immediately he saw the policeman or a white person, or he saw whoever was non-black, he would say, "Here are these dogs who killed my father".
36 The questioning of Captain Jeffrey T Benzien at his amnesty hearing in Cape Town provided another example of the difficulties many perpetrators face in reconciling with themselves, their families, their victims and the rest of society. Amongst those who questioned Captain Benzien was Mr Tony Yengeni, one of his victims, who asked him to demonstrate his torture methods:
Captain Benzien: It was a cloth bag that would be submerged in water to get it completely wet. And then the way I applied it was: I get the person to lie down on the ground, on his stomach normally on a mat or something similar with that person’s hands handcuffed behind his back.
Then I would take up a position in the small of the person’s back, put my feet through between his arms to maintain my balance and then pull the bag over the person’s head and twist it closed around the neck in that way, cutting off the air supply to the person.
Chairperson:What happens to the person while he is being choked? Can you describe [it]?
Captain Benzien: There would be movement. There would be head movement, distress. All the time there would be questions being asked: do you want to speak? And as soon as an indication was given that this person wanted to speak, the air would be allowed back to this person to say what he wanted to say.
Mr Tony Yengeni: Would the person groan, moan, cry, scream? What would the person do?
Captain Benzien: Yes, the person would moan, cry, although muffled; yes, it does happen.
Mr Tony Yengeni: And you did this to each and every one of us?
Captain Benzien: To the majority of you, yes.
Mr Tony Yengeni: But were there any … was there any physical condition that would make you to release the bag on the part of the person who is tortured?
Captain Benzien: On occasions people have I presume, and I say presume, lost consciousness. They would go slack and every time that was done, I would release the bag…
Mr Tony Yengeni: What kind of man uses a method like this – one of the wet bag, to people, to other human beings, repeatedly and listening to those moans and cries and groans and taking each of those people very near to their deaths – what kind of man are you? What kind of man is it that, that can do that kind of – what kind of human being is that Mr Benzien?
I want to understand really why, what happened? I am not talking now about the politics or your family. I am talking about the man behind the wet bag? When you do those things, what happens to you as a human being? What goes through your head, your mind? You know, what effect does that torture activity done to you as a human being?
Captain Benzien: Mr Yengeni, not only you have asked me that question. I – I, Jeff Benzien, have asked myself that question to such an extent that I voluntarily – and it is not easy for me to say this in a full court with a lot of people who do not know me … approached psychiatrists to have myself evaluated, to find out what type of person am I.
I had the fortune or misfortune of growing up in a white environment in Cape Town. I did not, either through my own stupidity or ignorance, as long as I was one of the whites, the privileged whites who had an education, who had a house, I couldn’t see it being taken away. If you ask me what type of person is it that can do that, I ask myself the same question.
37 Ronnie Kasrils spoke of the appeal he had made to the soldiers who had fired on marchers at Bisho:
I would like to say a few words about the Ciskeian soldiers who opened fire on the march. An irony of this rainbow nation of ours, as you’ve coined it Archbishop, is that, with all the strange things happening, Raymond Mhlaba is now here at Bisho where Oupa Gqozo used to lord it. Here I am, a Deputy Minister of Defence in this democratic government, and I have a responsibility to the soldiers of this country including [these] and to the members of former SADF who trained and commanded them. We are creating a new defence force of seven former antagonistic forces, and we can only do this on the basis of reconciliation, which is vital to the well-being of our society and our future.
Can we blame any of the – any individual in their rank? I’ve had to meet them, old SADF, former Ciskei. I’ve been to the barracks here at Bisho – on a tour of inspection with Minister Modise, trying to create this new defence force which must defend and guard the freedom and the sovereignty which the Archbishop referred to, and I have had to grapple with my conscience. They were products of an evil system that conditioned them to fear the manifestations of democracy, and they were programmed to believe that we were devils incarnate.
As I have mentioned, they must have been worked up … to believe that we were a threat to their lives. As recently as this past Friday I visited Defence Headquarters here in King William’s Town and, through the commanding officers, I encouraged them all to seek indemnity because they did commit a heinous crime. They must expunge their guilt by telling the truth and seeking forgiveness from their victims. They can shed light on what actually happened and need to be encouraged to seek indemnity because this is the key thing: they have been afraid to tell the truth. And I have been told stories about this officer and that commander, and this one who is suicidal and this one who is drinking himself to death, and I must tell you that I have feeling for them, which is why I am making this statement, and I have sent back this message to tell them they’ve got nothing to fear if they come forward.
But that’s not the only thing. It’s not the only thing in creating a new defence force, because anyone in our new defence force now must demonstrate by their actions as soldiers that they wish to serve and protect the people of our country and our democratic system.
38 Despite the terrible stories told by victims, the Commission heard some remarkable evidence of a willingness to forgive. At the human rights violations hearing at Beaufort West, Mr Alwinus Ndodiphela Mralasi made the following statement:
Alwinus Mralasi: Thequewe Willie Manene was a member of the Methodist Church, and he accused me, together with his brother and another brother of his. I must tell you everything that I thought about him so that one could make a story out of this.
I hated him for five years. I even wanted to stab him to death … stab him because he had hurt me, and he implicated me, and said I was there in that meeting. And he said I was … we were hiding. There was a lamp that was hidden under a table, and this is an indication that this was a real lie.
I saw him in King Williams Town in 1972, and I was with my children. And my children were not succeeding at school, so I decided to send them to King William’s Town because I was working then. I took them to King William’s Town and that is where things went better for them, even in Somerset.
That is where I met Willie Manene who was working in a showroom where they sell cars. And one of my children pointed him and said there he is. So I asked for my knife, I opened it, I put it into my pocket … I went close to Willie Manene. This is God’s work because His works are wonderful.
I had intentions to stab him. I opened the door, and I saw a white man who asked me whether I wanted a car. Then I said, no. I had last seen Willie in 1968, in court. At the time, he was wiping the car, and he saw me as I was moving slowly towards him. In fact, a person who was guilty will always spot you, and you know this is the truth.
So I went and greeted him, and I asked him how he was, and I asked him to go out with me. We went outside, and he stood there, and he had some difficulty to talk. And I was surprised [and wondered] what was wrong with him, and I looked at him and I could see there was real change in him. He had gone through a lot of suffering, I could see. It showed on his face. And I asked: "why are you like this? Do your people know that you are like this?" Then he said, "no".
I asked him about Frans Manene, Samuel Manene. Then I asked him if I could see Samuel to give him some messages. Then he … said he was suffering from high blood pressure, he had pains on his hip and his son too was ill-treating and beating him. I could see he was finished, I then called my wife and even that one who was born when I was detained. I called all them – all of them – and I said Willie: "here are your children", because we had the same clan name. So, he greeted them.
Then I said: "these are your children, you can see they are old". Then he said: "Are you still going on with this?" Then I said to my wife: "Look at this person, how he looks like". And I asked my wife to take out one pound and give it to this man so that he could buy food for himself. And that was the last I saw of him. He never went back to his house. He never went to see his family. He went to hospital and that was the end of his life. So, when he asked me how I had come there, I said I had come in a car...
This is the man who was trying to drown me and, as I was driving [away] … he lifted his hand, trying to wave. And I also waved back … I kept on waving for a long time, hooting, and then I drove off to Mdantsane. That was the last I saw of him, because he died thereafter. So, even the hatred I had just faded away. So that’s why I say, God is there and God is with us – we are parents but things may not do – people may not do bad things to others because we’ve got children. We have got children who we are bringing up.
So today, you have allowed me to say everything to you, and everything that has been locked in within my heart now, you have allowed me to have a clean breast of – so I am not even embarrassed today. You can go to my house. You will be surprised because God is like those old bottles of wine that used to be closed with a cork. And if you were to fill … a bucket with water and then you take that cork and put it into that water, it will not sink, it will float. Thank you. I thank you for all you have done for me.
39 Ms Beth Savage gave this evidence to the Commission:
Beth Savage: On the 28th of November 1992, I attended our annual Christmas Party. It was our wine tasting club… We were seated at one long table… David did his usual thing by coming around and greeting us all, and he was squatting, chatting to Bob and me when I suddenly became aware of something that sounded like firecrackers. I saw Rhoda Macdonald throw back her arms and die, and I did exactly the same thing. I swung around to look at the door to see what was happening, and I saw a man there with a balaclava on his head (but not over his head) with an AK-47, and my immediate reaction was, "Oh my goodness, this is a terrorist attack!" After that I blacked out, and I don’t remember anything else until I was on the helicopter being flown to Bloemfontein…
I spent a month in ICU [intensive care unit]. It was quite traumatic. I had to learn to walk again. [When] I came home, my children were unbelievable. They used to fight over who is to bath me, who was to dress me, who was to feed me. I don’t know whether I could ever have made it without them.
I had open-heart surgery, I had a hole in the aorta, and I actually stopped breathing but, through the work of Dr John Pennel, they managed to get me to live. And I also had half my large intestine removed. I’ve got really very ugly scarring up the middle, and I have a damaged thumb from the shrapnel. I’ve still got shrapnel in my body, but all that means is that all the bells ring when I go through the airport; that makes life exciting. And I have an injury on the knee.
But all in all, what I must say is, through the trauma of it all, I honestly feel richer. I think it’s been a really enriching experience for me and a growing curve, and I think it’s given me the ability to relate to other people who may be going through trauma…
The bomb blast took its toll on my family. I believe I’m a very strong person, [but] I did have a complete breakdown after six months. My daughter also had a breakdown … she was … well all the children tried to be mother, father, sister, brother, husband, everything to me. They really carried me. They picked me up and carried me.
My son has had his problems as well. I think psychologically it affected my family in terms of them just being able to believe that it could actually happen to me… I had really a wonderful childhood, and my parents actually put a lot of young African people that worked for them, four that I can remember, that they actually educated, and my father was a person that was really anti-apartheid. I think of all the people affected by the bomb blast, it affected my dad the worst. He just went into a very deep depression, and he died about six months ago. When I was ill, he just used to sit next my bed and cry and say, "You know, I can’t believe this".
I feel bad because you know I’m not the only victim, but that is how it affected us … and then my mum, she couldn’t carry on without him, and she died two months later. Basically, it just broke his heart.
Ms Crichton: Beth, what are you actually feeling towards the perpetrators at this time?
Ms Savage: It’s a difficult question, but I honestly feel that, there but for the grace of God go I. I really don’t know how I would have reacted if I had been in their situation. I know … that’s about all I can say.
Ms Crichton: Is there – and this is my last question to you – is there anything that you were hoping the Commission will do for you?
Ms Savage: Really there’s nothing in particular that I would like the Commission to do for me. I think it’s fantastic that we’re having the Commission. I think the idea that speaking out causes healing – I think that is really a wonderful idea … and I really hope that healing comes to everybody. You know there are people here who have had far worse problems that I could ever have.
Panel Member: Is it important for you to have the identity – if the Commission can assist you to do so, to find out – is it important for you to have the identity of the people who are responsible?
Ms Savage: It’s not important to me, but – and I’ve said this to many people – what I would really, really like is, I would like to meet that man that threw that grenade in an attitude of forgiveness and hope that he could forgive me too for whatever reason. But I would very much like to meet them.
Archbishop Tutu: Thank you, I just want to say, we are, I think, a fantastic country. We have some quite extraordinary people. Yesterday, I had spoken about how proud I was to be black in seeing the kind of spirit that people showed in adversity, and now we’re seeing another example, and I think it just augers so wonderfully well for our country. We thank you for the spirit that you are showing and pray that those who hear you, who see you will say, "Hey, we do have an incredible country with quite extraordinary people of all races".
40 Ms Savage’s wish was fulfilled in April 1998 at the amnesty hearing of Mr Thembelani Xundu, the former Azanian People’s Liberation Army (APLA) commander responsible for her injuries. In a newspaper interview, she said that, after meeting with Xundu, currently a major in the South African National Defence Force (SANDF), she no longer had nightmares about the attack. 41 Mr Nundlal Rabilall gave testimony on the death of his brother, Krish, who died in Mozambique in the 1981 Matola cross-border raid. At the East London human rights violations hearing, he said:
This had a traumatic effect on the entire family. I will briefly relate the effect it had on me, because it symbolises what – the same kind of effect it had on other members of the family. I became bitter towards white people, and the fact that the majority of them voted for the National Party election after election. I could never understand how they could sleep with an easy conscience at night, knowing that black children were dying in the homelands, when black people were given the most menial jobs, and that the Government they voted for used every conceivable kind of dirty trick and brutality to suppress the legitimate resistance of black people against the oppression of apartheid.
In short, I became anti-white, and this attitude was reinforced by an incident I also had when I was travelling in a train to Durban. I had accidentally walked into a white compartment, and the white conductor came and swore at me, called me a ‘coolie’, and told me as soon as the train stops at the next station I must get into the next coach, which I had to do.
I taught at an all-Indian school and had no white friends. I became ecstatic whenever a black boxer knocked a white boxer down, or when the South African rugby team lost its rebel tour matches. This anti-white obsession grew, and I would dream about burning down white businesses and farms, but it was sheer fear that prevented me from doing these things. I then began to fantasise and, while this may seem laughable, I sincerely prayed to God to make me invisible for just one day so that I could do the things I dreamed of, and when God did not comply, I reduced the time to one hour, and in that one hour I was determined to go to Parliament and shoot every one cabinet minister.
As time passed, however, I realised that this would negate everything that my brother stood for, his ideal of a non-racial, non-sexist, democratic South Africa. I grew to realise that hate is a boomerang that circles back and hurts you. The turning point came when I read in Martin Luther King’s book called Strength to Love – now, I cannot remember the exact words used in the book, but it goes something like this: "Hate for hate multiplies hate. Darkness cannot destroy darkness, only light can do that. Hate cannot destroy hate, only love can do that." I also started reading books on Mahatma Gandhi…
So, I changed my philosophy of life. I realised that I could not hate white people. It dawned on me that most white people were to a large extent by-products of apartheid, just as much as the freedom fighters were. I learned also that there were many white people who sincerely hated the obnoxious system of apartheid, and that some of them had lost their lives fighting it. I admired people like Rick Turner, Neil Aggett, Joe Slovo and Beyers Naudé. I also realised that I wasn’t being true to my religion if I hated somebody. Knowing the power of vengeful thoughts, Mahatma Gandhi had said, "Fight without malice". This meant a great deal to me. We have the right to fight injustice without hating the personalities or circumstances involved and, to taste the sweetness of life, one must have the power to forget the past.
42 Mr Johan (Hennie) Smit gave testimony at the human rights violations hearing in East London:
Ms Seroke: You live in Pretoria, and you are the parents of Cornio Smit who at the age of eight years in 1985 was killed in a bomb blast in Amanzimtoti. At the time, he had gone to Natal with his grandparents for a holiday, and, whilst they were shopping, two days before Christmas at the Sanlam Shopping Centre in Amanzimtoti, this bomb blast occurred. Can you tell us, how did you get the news and what happened?
Mr Smit: I got a phone call from my uncle who stayed in Malvern in Durban, and he told me that my son was in an accident; and I had to come down and see him. I thought that it might be a car accident because he didn’t explain what type of accident it was ... We only found out that it was a bomb blast when we arrived in Durban in the hospital. I can’t remember the name of the hospital. They told us that my son’s not there, but they know of a little boy who was in the mortuary. By that time it was very late; the mortuary was already closed, and I went to my uncle’s house …
We went to see him the following morning, but I didn’t want to believe that it was my son that was lying there. I asked them to take him out of the glass case so that I could see his chin. Under his chin, he had a small little cut which he got when I accidentally dropped him when he was a child. I still really didn’t want to believe it, and my wife and my father had to convince me it was my child.
Then after that, we came up to Pretoria. We buried him in Pretoria. I told newspapers that I thought my son was a hero because he died for freedom for people that (I would prefer to speak Afrikaans). He died in the cause of the oppressed people. A lot of people criticised me for this. They thought that I was a traitor, and they condemned me, but I still feel that way today...
Ms Seroke: You had the opportunity to meet the parents of the boy who planted the bomb.
Mr Smit: That’s true.
Ms Seroke: How did you and Annamarie feel during this meeting with his parents?
Mr Smit: I’ve got no grudge against them. I mean it was actually a rebellion. It was war. In war things happen that the generals don’t plan. Nobody plans it. It just happens. You don’t always – it may happen that the troops become a little bit over-zealous and start making their own terms and do things that they weren’t given orders to do, but in a war you just obey orders. You don’t question and ask why you should do certain things. So, I accept that it was an order that was given which this person or persons executed by planting the bomb.
Ms Seroke: How did you feel receiving these parents of this boy in your own house and what took place there?
Mr Smit: It was a great relief seeing them and expressing my feelings towards them that I felt glad that I could tell them that I felt no hatred for them. I bore them no grudge. And there was no hatred in my heart…
Ms Seroke: When your son was bomb-blasted you said, in the midst of acute grief, that you wished that these killings would stop and that the Nationalist Government could negotiate with the ANC for peace. That was a very profound statement. Hennie, what did your family think when you said that?
Mr Smit: Like I said, they couldn’t understand it; some of them still don’t understand it. They can’t see my point of view. They are not as liberal as I am. They really don’t understand it. Like my mum was in the same bomb blast, and she doesn’t feel the same way that I feel. So, there are different viewpoints on the subject…
Mr Malan: Did you find peace in the knowledge of what had happened? Did that bring reconciliation for you?
Mr Smit: Yes, it gave me peace because I knew what was happening. I thought that if I placed myself in the other person’s shoes, how would I have felt about it. [How] would I have liked not to be able to vote, not to have any rights, and that kind of thing? So I realised that I would not have liked it, so I realised how it must have felt for them.
Chairperson (Archbishop Tutu): My Afrikaans is not that fluent, but I would like to say this in your mother tongue. The people of this country are incredible, and the testimony that you have just given is something which people really admire. ... [we take] our hats off to you, and we would really like to express our appreciation and thanks to God that he created people like yourself, and that the reason why we still have this hope that reconciliation will triumph in the end is because there are people like yourself.
We would like to say how much we appreciate what you have done, and I really hope that all the people in this country, and you’ve referred in your statement to this fact, that we must forget about skin colour and that we must not apply reverse racism in the new South Africa. I do hope that our people will heed your appeal.
On behalf of all of us here and also on behalf of the whole nation, I can say there has been so much pain and suffering in this country. On behalf of all of us, I would just like to say thank you very, very much for what you have said here today and for what you have suffered and experienced with your family at a time when nobody would have wanted to believe that such a thing was possible.
43 A number of statements emphasised the importance of truth in the reconciliation process between victims and perpetrators: in other words, knowing whom to forgive and why the violation(s) took place:
44 At the Empangeni human rights violations hearing in November 1996, Ms J Msweli testified about the killing of her son, Simon Msweli:
They took them to SAPPI to a certain corner… I think they were assaulted until they died because we couldn’t even identify him. His eyes had been gouged out. He was never shot. He was tortured. He was violated. He was also mutilated. We could not identify him. I only identified him through his thumb. There was a certain mark on his thumb.
45 She continued:
I want the people who killed my sons to come forward because this is a time for reconciliation. I want to forgive them, and I also have a bit of my mind to tell them. I would be happy if they could come before me because I don’t have sons today. Their father died at an early age, and I put them through school. Now, they’ve never been criminals. They’ve never had any problems, even with the neighbours. They were Christians. I also want to speak to [my sons’ killers] because I want to speak to them before I forgive them. I want them to tell me who sent them to come and kill my sons. Maybe they are my enemies, maybe they are not. So, I want to establish as to who they are and why they did what they did.
46 At the Port Elizabeth human rights violations hearings, an unnamed witness testified:
Chairperson: Thank you very much for taking the trouble to come to us. Our sympathy goes to you for all the hurt that you had to go through. What we are going to try and do according to the powers that we have, we are going to find the truth and medicine that will heal our country to make us one – something that will unite all of us and make us one, so that we can have reconciliation. Thank you very much for having sympathy for other people while you have your own problems and your own hurt. That is called humanity. Something that we are trying for our country to have, and everybody should have humanity. That is what we are trying to have now so that everybody can stop being selfish. Thank you very much.
Witness: Thank you, Bishop, but I am sorry there is something else that I would like to ask. Do not take me wrong my Bishop, you cannot make peace with somebody who does not come to you and tell you what he has done. We will have peace only when somebody comes to you and says, this is what I did. I did this and this and that and that. If they do not come, if we do not know who they are, we would not be able to. But now I will forgive somebody who has. That is the whole truth, sir. We take it that the people who are listening and the people who are coming to the Commission will be touched as well. Their conscience will tell them that if they want forgiveness they should come and expose themselves so that they can also get the healing that the victims are getting.
Unidentified: This is why we are trying to investigate the truth. Thank you.
Witness: Thank you, Bishop, but there is something more. I do not want to lie to this house. Yes, Bishop, you are my Bishop. I will not be able to forgive anyone until I know who they are. Then I will shake their hands. Otherwise, I will not be able to forgive somebody that I do not know."
47 At the youth hearings in East London, the Inter-Church Youth (ICY) made the following statement:
We on our side were violated brutally, and we therefore plead with those who were involved in violating our own rights whether they were actively involved or otherwise, to humble themselves and confess to those who suffered in the atrocities of the past. Mr Chairperson, Sir, we are saying we were mostly wronged, but we are prepared to forgive people if they come and tell us what they have done. Surely, this hall here today is full of those people who were mostly sinned against. But where are those people that were involved in the atrocities. If they can come to us and tell us what they have done and start owning up the to process … But instead what we are finding in this country is that those who were involved in the process of violating other people’s human rights are starting to disassociate themselves with the acts of terror. And those people do that publicly because they are political figures, and they say they were not involved. But on the other hand, they call themselves committed Christians who are committed to nation building. We question that.
Coming forward here with a submission as the sinned-against group is an explanation of what type of people we are as black people. We are notoriously forgiving and up against what the missionaries have been saying in statements that are written down in books, implied that we are a non-religious community. I want to say that we are more religious than many a nation. It is because we are notoriously religious that we are notoriously forgiving. So said Dr Weli Mazamisa.
In conclusion, I want to say again that we are more than just religious. We are a peace-loving people and, if the Bible says, "blessed are the peacemakers", we might have had so many blessings if and only if these people will come forward. The people we want to make peace with are not coming to tell us what they have done so that at least we can forgive them. Please people, we need to be blessed by God for the peace, but they are deciding to run away. They are not just running away with themselves, but they are running away with our long overdue blessings. We want our blessing please. People we urge you to bring back our blessings. I thank you Mr Chairman.
48 Testimony at the Alexandra human rights violations illustrated that forgiveness is not cheap, and the journey towards overcoming deep feelings of anger and humiliation is a long one:
Ms Margaret Madlana: After my child’s death, these white policemen came, and they came to one house where there was a tent, and they were running after some children. The children ran towards the house, and got into the house. When they arrived and entered the house I asked them (I didn’t know that they understood Zulu and I asked in Zulu) what are they looking for because they have already killed my son. And one of the white men answered me, and he said to me, we are looking for the young kids. There were so many people in my house, and they [the police] said they are going to take me and kill me in the house. However, the people tried to ask them not to kill me …
I would like to apologise before God … if ever I was to be employed, I was going to poison the white man’s children. The way they killed my son hitting him against a rock, and we found him with a swollen head. They killed him in a tragic manner, and I don’t think I will ever forgive in this case, especially to these police who were involved, and who were there …
This Sindani came to me to tell me that he has not finished the killings – they are still going to kill – and Mtebi himself came to say the very same words. They said they are coming to kill all the young kids and the dogs, and they are also coming to kill the leaders. Therefore, I don’t think there will be any reconciliation or forgiveness because today the police in Alexandra, they promote crime because they eat together with these criminals. They are crooks. They are still doing the very same things that they used to do, and therefore I don’t think I will ever forgive police. [Witness upset] …
What will make me to forgive is if Sindani and Mtebi, these two policemen, come and tell us why he killed these sons of the wars and also ask for forgiveness before the mothers of these children. It is then that I can forgive him. I am so surprised to find out that today that Mtebi is today a reverend and which children is he preaching to and which parents is he preaching to if he killed the children of the wars.
I would like Sindani and Mtebi to come and ask for forgiveness. Thereafter I might consider forgiving them, together with his fellow white people who came to kill our children. They just killed these defenceless children with their machine guns. They brought their dogs and hoses running after young children with machine guns with the aim of killing the black nation, the black race underneath the sun. I will say that I will never forgive because this was my last born. Maybe if he was still alive, he was going to be married by now [and] have some children and a wife. But because they have killed him, I will never rest …
I used to go out and go and sleep on top of his grave because even today I still go there and pray in his grave. I will never forgive them if they don’t come before the Commission…
I would like to say that for me to forgive, and I don’t see the opportunity of me forgiving anyone, I suffered a lot because of this because I didn’t understand why the children were killed. But there is just one important thing I would like to say before the Commission, before our children and the whole country.
At the beginning of the struggle – the struggle started at Wits
9 University within the white community where white students threw away their books [and] not even a single of them was teargassed or killed. However, when black children started fighting for their liberation, they were shot by guns. We had to bury a lot of people killed by these guns and I would like to say I have buried a lot. I am only left with four children. However, when their children started to fight for their rights, they were not killed. However, our children when they started the very same thing, they were killed since from 1976 up to 1986. They never buried anyone, or where we find them coming to a mass funeral saying that these white people were on strike, and we shot them or killed them. Even today, they still do that, they fight for their rights but they are not tear gassed or killed.Things like that we can find out that there was this apartheid system working within the black community. We were taken as dogs, baboons and all such things. These dogs and baboons which work for them, which bath their children, cook for their children, however, they are still content to kill them.
49 The Commission heard acknowledgements from a range of individuals and representatives of various institutions about their direct and/or indirect involvement with gross human rights violations. Many offered unqualified apologies for their acts of commission and/or omission and asked for forgiveness. The response of others was qualified. In the process, the role of sincere apologies in the reconciliation process emerged. While insincere apologies add insult to injury, honest apologies encourage forgiveness by "helping to pour balm on the wounds of many"
10.50 At the ‘Bisho massacre’ event hearing in Bisho, the following statements were made:
Colonel Schobesberger (former Chief of Staff, Ciskei Defence Force): From my point of view and for the soldiers of the Ciskei Defence Force I can speak. I say we are sorry. I say the burden of the ‘Bisho massacre’ will be on our shoulders for the rest of our lives. We cannot wish it away – it happened – but please I ask … the victims not to forget (I cannot ask this), but to forgive us, to get the soldiers back into the community, to accept them fully, to try to understand also the pressure they were under then. This is all I can do.
Major Mbina (former captain, Ciskei Defence Force): Some people shot, probably shot without having been given orders, knowing that at the end it’s the boss that will answer. That is what I want to make clear. I also ask for forgiveness. I empathise with families that lost their members. I ask forgiveness on behalf of the Ciskeian Defence Force, especially those that were involved. We ask forgiveness. We will be very glad if the Commission would forgive us. To the community, we ask for forgiveness.
51 The testimony of Major General Marius Oelschig, head of the Ciskei Defence Force at the time of the ‘Bisho massacre’, highlighted some of the difficulties with public apologies. At the time of the hearing, Major General Oelschig was serving as Director of Transformation Management in the SADF:
I repeat that I have been a soldier, a professional soldier of 35 years’ standing. I do not know how else to express myself than in purely professional terms…
A commander grieves on his own and he grieves quietly. You learn through the years to accept it as such. I apologise if the Commission expected me really to open my heart and to put it out for public display. That, that is my grief, that is my concern that I live with as I have during my professional career and as I will until the end of my days. I am a committed, loyal South African. I feel very, very deeply about everything that has happened in our country, and I have made my contribution where I could. I have done my very best as an officer and as a South African, to promote what is happening in this country today…
I would like to conclude by insisting that I be allowed to grieve the way I grieve, and if, in my professional language of expressing my regret that loved ones have been lost and injured, if that is not sufficient, I apologise for that, but that is how I feel. I am a soldier, and I have been taught to hide my tears, and I have been taught to grieve on my own.
52 A submission at the East London youth hearing stated:
This past week, we met in Burgersdorp to do what we call a reconciliation service where we were going to cleanse ourselves of the past deeds. We’d slaughter a goat and cleanse ourselves with the blood that is shed. In a symbolic sense we’d cleanse ourselves of the wrong deeds, even if they were justifiable... The following were acknowledged. That we as the Inter-Church Youth or the church within the youth have, in one way or the other, killed people or at least were involved in the process of killings. That we were involved in demolishing people’s property... That we informed on others who ended up being tortured severely and who died in the process. We watched hopelessly whilst people were being ‘necklaced’. If we didn’t do the ‘necklacing’, we would have gone to buy petrol, arrange tyres and be part of making petrol bombs etc.
We were part of this as the church youth. One needs to emphasise that this was justifiable for the cause of the liberation of ourselves.
We want to say we believe that 70 to 80 per cent of the young people who died during the period of the struggle, most of them were church going youth or were young people who believed in Christ, or who were baptised in the name of the Father, the Son and the Holy Spirit as it were. These people were all disappointed by the church. We are here to say that we take full responsibility for any human rights violations committed by our members. To families who perhaps had no idea that ICY members were involved, we are [unqualifiedly] apologising to you all.
53 In May 1998, at the hearing on the United Democratic Front (UDF) in Cape Town, Mr Patrick ‘Terror’ Lekota, former UDF leader and currently chairperson of the National Council of Provinces, had the following to say about ‘necklacing’ by UDF activists:
We accept political and moral responsibility. We cannot say these people have nothing to do with us. We organised them; we led them. When we were taken into prisons, they were left without leadership and many of them, angry even at our arrest, did things which were irrational.
54 At the human rights hearing in Upington, on 2 October 1996, local community leader and minister Aubrey Beukes apologised to the mother of the murdered municipal constable, Lukas ‘Jetta’ Sethwale (see above):
We were silent on the pain of the mother, the family of Jetta. As someone actively involved in campaigning for the release of the Upington 14 (those sentenced to death), I would like to say to Ms Sethwale and the family of Jetta: please forgive us that we allowed you to suffer in silence amid all the media attention. We were all victims. Forgive us the times when we drove past your house, showing journalists and foreign people where Jetta stayed and telling them our stories, and not inviting them to make some time to listen to your pain.
55 A spokesperson for the Stellenbosch Presbytery of the Dutch Reformed Church made the following statement at the human rights violations hearing in Paarl:
[We] are not doing this presentation on behalf of the Dutch Reformed Church – only the Synod has this right to do this. But what we are doing here this afternoon is the deepest conviction of the Presbytery of Stellenbosch …
In looking back, we realise that there have been times in the history of Stellenbosch when we as a Presbytery (and also as separate congregations) either failed wholesale or made only the most timid of efforts to fulfil the prophetic responsibility the Lord has given us.
We think especially of the past forty years during which the official policy of apartheid radically impaired the human dignity of people all around us and resulted in gross violations of human rights. Within the borders of our Presbytery, there were those who actively developed and defended the ideological framework by which these violations and actions were justified.
At times, standpoints and decisions taken within this Presbytery itself functioned within this ideological framework.
There were voices among our own ranks and within our church that condemned apartheid and sought to call our church to its senses and who witnessed against injustice within society. However, the testimony and the protest of many of these people were, time and again, suppressed or ignored, also from within our own ranks. Others were maligned and some were even personally wronged…
Various factors contributed to this lack of a strong, unified witness from within our Presbytery. The nationalist ideology deeply influenced the way in which local Christians thought and read the Bible. This made us insensitive to the injustice and suffering inflicted by the policy of apartheid on those living around us. Other factors which aggravated the situation were the privileged position occupied by most members of our church and the fact that apartheid increasingly isolated people from each other’s lives and experiences.
As a result of the growing ecumenical isolation and the lack of meaningful church unity, we became deaf to the protest and the cries for help by many of our brothers and sisters in faith. Many church members and church ministers therefore often uncritically accepted that, because many of them were also members of our church, political leaders could be trusted to do what is right. This further reinforced the widespread belief that apartheid or separate development was truly in the best interest of all groups in the country. Misinformation and a lack of exposure to other people’s suffering are other factors that contributed to this omission.
We cannot and do not want to deny that behind such factors there often was a large measure of selfishness and an unwillingness to listen sincerely to God’s word and to fellow Christians. The result has been that we in Stellenbosch did not speak out enough against injustice in our society: did not speak out enough against racist attitudes among our church members; did not speak out enough against the violation of people’s rights and human dignity.
During the Soweto riots of 1976 and the countrywide unrest that followed, general decisions were taken concerning the situation in the country, but very little protest was made against the gross violations of people’s rights taking place at that time.
When forced removals were carried out in our town, when people were forced to leave their historic neighbourhoods and had to resettle elsewhere, little or no protest was voiced by the Presbytery. These removals constituted a violation of human rights, which invariably went hand in hand with severe personal trauma, financial loss and social disruption. Tragically, as a result of the great separation brought about in South Africa by apartheid, we of the Presbytery often were not even aware of this suffering.
Over many years, people of our town [were] shut out from important decision-making positions simply because of the colour of their skin. More decisions were made about them than with them. Also in the church and amongst individual Christians there was often insensitivity to how grievously people’s human dignity was violated in these and many other ways…
Eventually we did begin to see the error of our ways. And this is why the Lord brought us to these insights. That is why, in a formal resolution adopted in 1985, the Presbytery confessed our guilt for our actions during the apartheid era. Now that the work of the Truth and Reconciliation Commission is confronting us once again with the pain and grief endured by fellow citizens and fellow believers under the previous political dispensation, we feel the need to confess our guilt once again before God and before people. We feel the need to make this confession specifically at this session of the Truth and Reconciliation Commission, because it is here that people from our own vicinity are sharing the pain and grief that they have to live through.
We confess that we kept silent at times when we should have spoken out clearly in testimony. We confess that although we did at times try to protest against the unjust treatment of people, we often did so only with great timidity and circumspection. We did at times comment critically, but we often in doing so were not prepared to speak out against the system itself. What is more, we often gave way to the opposition we encountered. At the very times when we should have continued to speak out clearly for the truth and against injustice, we grew tired and gave up protesting.
Today we confess these things anew before the many people of Stellenbosch and vicinity who suffered injustice because of that. We confess these things before the youth and the children of our own church and our own congregations who feel that through our actions we have failed them…
56 At the faith communities hearing in East London on 17 November 1997, Anglican Bishop Michael Nuttall made the following apology on behalf of the Church of the Province of Southern Africa (CPSA):
[T]he CPSA acknowledges that there were occasions when, through the silence of its leadership or its parishes, or their actions in acquiescing with apartheid laws, where they believed it to be in the interest of the church, deep wrong was done to those who bore the brunt of the onslaught of apartheid. What aided and abetted this kind of moral lethargy and acquiescence was the fact that, in many respects, our church had developed, over many years, its own pattern of racial inequality and discrimination. It was all too easy to pass resolutions or make lofty pronouncements condemning apartheid. It was all too easy to point a morally superior finger at Afrikaner nationalist prejudice and pride. English pride and prejudice was no less real and it was never very far below the surface of our high sounding moral pronouncements. The Anglican Lord Milner must be as problematic to Afrikaner Christians as DF Malan, the dominee, is to us.
In a strange way, I think many white Anglicans in the CPSA owe an apology to the Afrikaner community for their attitude of moral superiority. I became aware of this need when, as Bishop of Pretoria from 1976 to 1981, I got to know such fine Afrikaner Christians as David Bosch and Piet Meiring. Perhaps, Chairperson, I could ask Professor Piet Meiring in his capacity as a member of the [Commission] kindly to receive this expression of apology from a Bishop of ‘die Engelse kerk’ [the ‘English’ (Anglican) Church]. (Applause.)
But our chief expression of apology must be to our own black membership, and I am using the word ‘black’ inclusively. Here we are speaking of the overwhelming majority of the CPSA, both in Southern Africa as a whole and in South Africa particularly. Interestingly, our black membership increased significantly in the early apartheid years, especially on the reef where the witness against the new ideology was strong. Ours is primarily a black church; it has been and still is in many ways, a suffering church. Suffering at the hands of the church itself.
Chairperson, our so-called white parishes, like white businesses (and I am thinking of last week’s [Commission] hearings), have unquestionably benefited from apartheid and its political predecessors. In their church facilities, including housing and transport for their priests, they have been bastions of relative privilege. So-called black parishes by contrast, like black businesses, have been decidedly disadvantaged in these respects. Within the black Anglican community, there has been a further disparity in that, very often, as in the secular apartheid scenario, the African church has been worse off than the coloured, and the coloured church worse off than the Indian.
57 At the health sector hearing in Cape Town, the following apologies were made:
Medical Association of South Africa (MASA): Our written submission details the many failures and compromises that occurred along the way, failures of will and courage, compromises founded on expediency, many of these occurring even in the years since 1989. It’s not possible in the time available today to explore in detail all the misdeeds of commission and especially of omission that have been detailed in our written submission. However, I can assure the Commission that we have made every possible effort to provide as complete and as honest a disclosure as it lies in our power to do.
I plead with you and with the nation, that this submission be accepted with respect for the truth which it embodies. It is vital for the Association, at this point in its development, [for] its renewal and its transformation, to achieve reconciliation, and this can only happen if there has been full disclosure and full acknowledgement of all the wrongs of the past. If there are gaps or omissions in this submission, they are unintentional. We would welcome any input in this regard from whatever quarter it may come.
The transformation of MASA of which I speak is an ongoing process. A significant event along the way was the unconditional apology for the past wrongs of the Association that was made in June 1995. We stand by every word that was spoken in that apology. However, there are those who understood this apology to be an attempt on the part of the Association to achieve what they termed blanket amnesty and to sweep everything else from our past under the carpet. This was far from the intention of that apology. The apology was a necessary step along the road we are travelling, but it was only a step. Our wholehearted participation in the work of this Commission is yet another step on this road, but again only a step.
In terms of the way forward, there is much that we have done to make sure that the wrongs perpetrated in the past by doctors can never occur again, but there is much that remains to be done. We intend to participate fully in the work of the proposed over-arching Health and Human Rights Organisation. We propose to enlarge and to strengthen the office and the activities of our ombudsman, our public protector. Our peer review system has already been sharpened and structured much more effectively than it ever was before. We are currently engaged in a programme designed to promote structured ethics education in all the medical schools in this country, and we are planning formal structured training for prisons’ health service personnel.
However, in all these efforts, we still find ourselves hampered by the huge baggage of past wrongs that the Association has had to drag along with itself and from which it has found it impossible to free itself. It will only be through the process of truthful disclosure and reconciliation that we will finally be freed from the burden of this baggage.
58 In a written submission to the Commission presented at the institutional hearing on the legal profession, the following apologies were made:
LWH Ackermann, Constitutional Court Judge: It is difficult, if not impossible, for me as a white South African to draw a clear or steady line between my personal and my professional failures in regard to addressing wrongs of racism generally and institutionalised professional racism in particular. I failed as an advocate, in terms of my ethical, moral and religious beliefs, by not speaking out sooner, and when I did, not sufficiently powerfully or persistently, against the Pretoria Bar’s colour bar and, in general, against the discriminatory treatment meted out to blacks by the justice system, and by not trying to motivate the organised profession to protest against all such discrimination, particularly as it affected black colleagues. I did not do enough to resist the pervasive institutional culture and to dismiss my fears that, if I did speak out, my career would be jeopardised at a Bar where, soon after joining, I was as branded as a liberal.
I similarly failed on the Bench, prior to my resignation, by not pursuing the avenues … soon enough, vigorously enough or at all. Of course, my failure to combat racism more vigorously extends beyond my profession and legal career...
I acknowledge and regret these failures. I am deeply saddened by the consequences of these failures on the lives of black people, and I wish to apologise for my role in denying them their full and equal humanity.
GL Grobler SC, Chairperson Pretoria Bar: We apologise to our colleagues, to the judiciary, the attorneys’ profession, the public at large and in particular the victims of unjust laws for these failures. As is the case with the apology which we tendered in regard to the racial discrimination which our Bar practised until 1980, we should have offered our expression of regret at a much earlier stage. We apologise for this remissness. We are grateful for the opportunity which our fellow bars and the Truth and Reconciliation Commission have given us to set the record straight in public.
59 At the business sector hearing in Johannesburg, the following was said:
Afrikaanse Handelsinstituut (Afrikaans Chamber of Commerce) (AHI): What cannot be denied … is that apartheid disadvantaged black business. Many whites owned land and they accumulated capital by realising profits on the selling of this land. Until fairly recently, blacks were denied that opportunity and, in this way, one of the most important ways of building capital was denied them.
Even though the Land Act in the period under review … had the net result of increasing the total area of land held by blacks, the tribal system, which was maintained as part of the policy of separate development, sterilised land as a source of wealth for the individual who is the mainstay in market-driven economy.
Restrictions on trading and commercial activities also prevented blacks from establishing and operating business when they saw opportunities to do so. Latent entrepreneurship, potential skills and hidden talents: none of these assets in the black community could be used.
The practice of job reservation denied the black community access to skills and progress and thus prevented fair competition in the job market. It is also a fact that the mobilisation of the savings of the white [inaudible] produced remarkable results in terms of economic growth empowerment of the white Afrikaans-speaking community.
If we look at [the section in our submission on] … omissions and commissions, it is clear from the submission, if we look back with the benefit of hindsight, that the AHI committed major mistakes.
Firstly, we deal with support for separate development. As explained before, the AHI supported separate development in the belief that it would bring about acceptable results for all in the country. This it didn’t do. Separate development in the end meant social engineering with brutal human costs and enormous wastage of resources.
As a business organisation, we should have appreciated much earlier that moral and economic realities militate conclusively against even the loftiest interpretation of separate development. This failure was without doubt one of the worst mistakes the AHI made.
Then we look at the lack of critical evaluation of policies – another major mistake that was committed and that was one of omissions. No moral and economic objections to apartheid were lodged for many years. At the time, there was sufficient appreciation for the hardship and suffering caused by the policy. Whether those hardships were shacks being demolished in the wet and cold of the Cape winter, or of people being shot whilst protesting or the consequences of bombs which killed civilians in Church Street in Pretoria as part of the struggle against apartheid – all of which was seen on our TV screens – the AHI could not have escaped the impact of these policies.
[Point] 5.3 [of the submission] deals with insensitivity into issues involving human rights, although there were frequent references at AHI conferences to the importance of good labour relations, training, proper wages and productivity.
There was for many years an acceptance of the absence of a proper labour relations law that makes provision for workers’ rights for all and of the lack of training and other discriminatory measures. This is also regrettable. There was support for the later developments under Professor Nic Wiehahn. A similar omission occurred in regard to discrimination against women. The AHI should have helped to remove the barriers for women much earlier.
For its part in these omissions and commissions, the AHI firstly accepts moral responsibility. Secondly, admits that fellow South Africans were gravely wronged by these actions or inaction. Thirdly, we wish to express our sincere regret for these failings and, lastly, we apologise to all of those affected as a consequence hereof.
In doing so, the AHI earnestly wishes to contribute to reconciliation in our country and the building of a South Africa in which we all can grow and prosper.
60 A number of amnesty applicants also expressed remorse, even though this was not required by the Act. This was, indeed, a controversial feature of the legislation, and some argued strongly that contrition should have been another precondition for amnesty. Others, however, said that this saved the process from lies and faked apologies.
61 At the amnesty hearing of the ‘Pebco Three’, Mr Kimpani Peter Mogoai, a former askari was questioned:
Advocate Lamey: Mr Mogoai, at this hearing you are aware that the – let me just say this – at this hearing you are aware that the family members of Mr Hashe, Godolozi and Galela are present. Is there anything that you would like to convey to them?
Mr Mogoai: … I know that they are present, but I don’t know them well… These are the words which I want to say. I have written them down. They come from my heart, which I wanted to address them before this Commission, before the members of the deceased and then before the audience and those who are not present here. I have written them in English, Mr Chairperson.
Advocate Lamey: You can proceed.
Mr Mogoai: I have taken this opportunity to speak the truth and to express my torturing regrets about wasted years and my shame about a mean and petty past.
As I regard myself today as a disgrace to my mother, my family and my relatives. My friends and the families of the Pebco Three and the nation as such, it is with my deepest remorse that I ask for forgiveness and hopefully wish to be reconciled with everybody once more and be part of a better and brighter future of South Africa.
I say it now here today, as I could not have done so in the earlier days of this realisation for obvious reasons. I thank you.
62 Although it was not part of the Commission’s mandate to effect reconciliation between victims, the community and perpetrators, there were a number of significant instances where the Commission directly facilitated the beginning of this complex process.
Neville Clarence and Aboobaker Ismail
63 Fifteen years after he was blinded in the Church Street bomb in Pretoria, Mr Neville Clarence, a former South African Air Force captain, shook hands with the man who planned the attack aimed at the South African Air Force headquarters. During the amnesty hearing, Mr Aboobaker Ismail (former head of the special operations unit of the ANC’s military wing MK and currently head of policy and planning in the Defence Secretariat) told the Committee that he regretted the deaths of civilians in the course of the armed struggle. In a face-to-face meeting before the start of the hearing, Ismail told Clarence: "This is very difficult, I am sorry about what happened to you." Clarence said that he understood, adding, "I don’t hold any grudges". Both agreed that they should meet again, and they exchanged telephone numbers. "Talking about it is the only way to become reconciled", Ismail said.
64 Afterwards, Clarence told reporters that he could not comprehend the full extent of the healing that had taken place at the meeting. I came here today partly out of curiosity and hoping to meet Mr Ismail. I wanted to say I have never felt any bitterness towards him. It was a wonderful experience… Reconciliation does not just come from one side. We were on opposite sides and, in this instance, I came off second best.
65 According to an editorial in the Sowetan, "Clarence’s magnanimous gesture will no doubt stand out as a symbol of hope for a society that remains deeply divided". The editor of another major newspaper saw the meeting between Clarence and Ismail as a lesson that:
Despite ‘our war’ (or perhaps because of it) we can live together. That is possible because people on both sides possess magnanimity of spirit. This is not a call to naivety and the creating of a ‘new’ South African nation will not happen overnight. But looking at other parts of the world – be it the Middle East, Northern Ireland, Somalia, Rwanda – we should never forget our ability to forgive.
Ivy Gcina and Irene Crouse
66 At the human rights violation hearing in Port Elizabeth, veteran activist and ANC MP Cikizwa Ivy Gcina gave harrowing testimony on her torture in detention in 1985. Ms Gcina also had praise for a warder at North End Prison, Ms Irene Crouse:
The same night I saw a light at night and my cell was opened. I did not see who was opening my cell. I did not look at the person. She said to me, "Ivy, it is me. I am Sergeant Crouse. I have fetched your medicine". She rubbed me. She made me take my medicine. I told her that I could not even hold anything but I can try. I told her I was going to try by all means. She said "It is fine, do not worry yourself. I will help you." So she made me take the medicine and then she massaged me. Then after that I could at least try and sleep.
67 A few days later the local newspaper, the Eastern Province Herald, carried a front page, full size picture of Ivy Gcina hugging Irene Crouse, under the main headline: "Ivy meets her Angel of Mercy. Now here’s what reconciliation is all about". The report read:
Tortured activist Ivy Gcina was yesterday reunited with her Angel of Mercy – the kind jailer who held her hand and tended her wounds after hours of brutal interrogation by security police. "I never thought you’d remember me", said Irene, 37, as the two women threw their arms around each other on the stoep [verandah], crying and laughing at the same time. Ivy, 59, replied: "But after I was assaulted it was you who was there to help me, who entered my cell at night. Can you ever forget someone like that?"
68 Both women said the Commission hearings had brought out necessary, though painful, details about the country’s past – but equally important, it had brought them together. "We met as human beings, as women," Ivy recalled. "There was such communication there. Ensuring I had a clean towel, asking me how I was. The relationship was so good." Irene felt she was "only doing her duty" when she helped Ivy.
69 At the Eastern Cape hearing, chairperson Revd Bongani Finca said the Commission was not only bent on discovering the hurt that had been done, but also those who had "risen above the system. It is wonderful that even in a system like that there were people who rose above it. I salute Ms Crouse that in such a situation she was able to show kindness".
Brian Mitchell and the Trust Feed Community
70 Trust Feed is a rural community situated north-west of Pietermaritzburg in KwaZulu- Natal. It is a freehold area with a hierarchical structure of landowners and tenants. The area has a long history of peaceful co-existence that changed in the mid-1980s as a result of political tensions between the UDF and the IFP. Threatened by the activities of the UDF, the local police unit colluded with the IFP to wipe out UDF members. This led to a sequence of atrocities culminating in the Trust Feed massacre in December 1988.
71 The massacre was directly related to the clandestine activities of Captain Brian Mitchell, Station Commander at the New Hanover police station at the time. On his orders, eleven people were killed and two others wounded at a night vigil following the death of a relative. Five of them were men and the rest were women and children. None were UDF members. In April 1992, Captain Mitchell was sentenced to death eleven times for his role in ordering the attacks. His sentence was subsequently commuted to life imprisonment in 1994. After serving a prison term of about five years, Captain Mitchell was granted amnesty by Commission in 1997.
72 The Trust Feed community (though they had not reportedly opposed amnesty) was enraged and seemed not to have forgiven Captain Mitchell. The hurt was profound, and the community went through a process of re-experiencing the original anger and pain. Captain Mitchell expressed remorse and asked for forgiveness. He pledged to honour the community request to help reconstruct the community he had polarised and destroyed through his clandestine operations.
73 In this way, two parties, divided by negative feelings of hostility and rage, were able to come together with the common purpose of reconciliation. For Trust Feed, polarised and divided by destructive forces, it offered an opportunity to help restore broken relationships and create a stronger sense of community.
74 Some of the essential and necessary elements for reconciliation were already in place. Captain Mitchell had made a confession. He appeared to repent of his own atrocious deeds and had made a request for forgiveness. He had also reconciled himself with God and was a member of the Rhema Church. At the same time, the community of Trust Feed was still in pain and needed time to heal its wounds. It had, however, indirectly paved the way for forgiveness by asking Captain Mitchell to commit himself to playing a part in the reconstruction of the Trust Feed community as an overt act of repentance.
75 The Commission facilitated the various stages of the process. Initial contact was made with Captain Mitchell who, accompanied by a Minister from Rhema Church, once again declared his intention to reconcile with the Trust Feed community.
76 This was followed by series of meetings with a special committee representing the Trust Feed community. Since the committee had a strong ANC bias, attempts were made to invite IFP members to join. This was followed by a community meeting that proved to be a cathartic experience. Community members were able to work through their feelings to the point where they were willing to meet Captain Mitchell.
77 This in turn paved the way for a reconciliation meeting between the Trust Feed community and Captain Mitchell. The meeting presented a major challenge to the Commission and the community. All efforts were made to mobilise professional expertise, including the services of mediation consultants.
78
The reconciliation meeting was held in July 1997 and was well attended by the Trust Feed community – including both ANC and IFP members. The community was given enough time to express its feelings and ask direct, clarifying questions of Captain Mitchell who was also given an opportunity to express his feelings and ask for forgiveness. A process of mediation followed, focusing on Captain Mitchell’s offer to participate in community reconstruction and try to meet the community’s expectations of him.
79 Following careful deliberations, all parties agreed that a committee should be formed to look into the needs of the relationship with Captain Mitchell. The meeting ended emotionally. As Captain Mitchell was driven away from the community he had so grossly violated, he was followed with parting calls of "Bye-bye, uhambe kahle [go well] Mitchell".
80 The reconciliation meeting was a considerable success and the spirit of goodwill and willingness to forgive by the Trust Feed community was very touching. The community’s sense of trust is still very fragile and will need to be sustained by Captain Mitchell’s long-term commitment to his offer. The fact that the community opened its heart to Brian Mitchell made it vulnerable to secondary violation and traumatisation should Mitchell fail to honour his offer of reconciliation. Thus, the meeting was simply the beginning of a long process of reconciliation. The community and Brian Mitchell carry the major responsibility for ultimate reconciliation.
81 Reconciliation at the meeting went beyond this, however, and led to a healing of community tensions between ANC and IFP members. During the meeting, leaders of both parties expressed a great willingness to work together as a united community and committed themselves to follow-up meetings.
82 There were, however, problems. The overseas press sought to sensationalise the reconciliation initiatives by talking to Mitchell and a few selected families from the Trust Feed community. This created divisions and renewed feelings of mistrust. The situation was, however, well managed by the Trust Feed committee. In addition, the heavy police presence at the meeting did not create an ideal environment for conciliation. On the other hand, in the light of the potentially explosive nature of the situation, the role of the police force in helping to maintain a contained and controlled environment seemed necessary.
Reconciliation in Esikhawini, Northern KwaZulu-Natal
83 Journalist Ken Daniels describes the process of reconciliation in Esikhawini in northern KwaZulu-Natal:
Hit squad members reconcile with community they terrorised
The people of Esikhawini township near Richards Bay on the KwaZulu-Natal North Coast for the past two weeks relived the horror that befell their community six years ago and at the end of it all on Friday, somehow found it in their hearts to forgive the men who had subjected them to a living hell.
The residents had, before this month’s Truth and Reconciliation Commission Amnesty Committee hearings in Richards Bay, been in the dark as to who attacked them mercilessly on a daily basis. They were finally able to confront the seven members of an Inkatha Freedom Party hit squad that has admitted carrying out random attacks on the community of Esikhawini in an attempt to eliminate any support for the African National Congress.
When the community sat down on Thursday afternoon to hear pleas for forgiveness from the row of men that made up their nightmare, they found it had a human face. They saw it in Daluxolo Wordsworth Luthuli’s resemblance to his Nobel Peace Prize-winning grandfather Albert Luthuli. They saw it in Brian Gcina Mkhize who had been stern throughout the two week hearing but let a faint smile slip across his face as he watched a young child wander playfully amongst applicants and victims oblivious to the shocking loss of life being discussed around him. And they saw it in the face of Romeo Mbamba whose face suddenly became awash with tears when he came face to face with a young woman he had crippled.
The victims found it hard to believe these were their tormentors – stripped of their balaclavas and blazing guns – who sat ready to take everything the community was willing to throw at them and then ask for forgiveness. The community and their former tormentors came together in an informal hearing that did not form part of the Truth Commission proceedings and was aimed at giving locals a chance to ask the applicants about particular incidents.
With the emotion drained from everyone after the applicants’ harrowing testimony, the final performance took on a different complexion as perpetrator and victim discussed the mechanics of the political process which brought about a season of bloodletting in the previously peaceful community.
A thin old man with flashing eyes and upright stance indignantly asked Romeo Mbambo why he had killed his neighbour’s son who was not at all involved in politics. Mbambo, recalling the incidents instantly, replied that it had been a mistake and that on the night in question he had been searching for an ANC activist but the assassins had attacked the wrong house and killed the young man along with three of his friends. The old man listened to the account and, as he walked away, he said sorrowfully that his own son had been one of the four killed that night.
Another elderly gentleman walked up to the microphone and in a booming voice questioned Hlongwane’s version to the Amnesty Committee about an attack the old man had suffered. The tough old warrior with grey-tinged beard and hair and the young hit man then engaged in a lengthy discussion about their life and death battle on the night in question. At times the old man smiled as he told Hlongwane how he had avoided the bullets and the blows during the attack.
Finally, the old man told Hlongwane he was lucky that he had not succeeded in his mission, because then he would apologise to him now.
A young woman who had earlier reduced tough hit man Mbambo to tears sat in her wheelchair throughout the proceedings. Nokuthula Zulu was a 20-year-old student when Mbambo and his colleagues fired a shot into her side, paralysing her from the waist down. After the hearing she said she now felt more healed by the experience of confronting her assailants and she had overcome her anger at not being able to walk or to complete her studies.
At end of the meeting, the residents took a unanimous vote to forgive the members of the hit squad. All parties embraced and shook hands. For the residents of Esikhawini the nightmare was finally over.
Reconciliation in Upington, Northern Cape: Nicholas ‘Oupa’ Links and the Jonga family
84 The house of Mr Nicholas Links, a municipal police officer, came under attack by youths in December 1986. When his daughter’s head was injured by a stone hurled by the four youths attacking his house, he fired a shot which fatally wounded twenty-one year old Matan Jonga.
85 Links gave testimony at the human rights violations hearing in Upington on 2-3 October 1996. He related that he was congratulated by his superiors for his first murder and offered further lethal weapons and one hundred rounds of ammunition. This only had the effect of making him feel extremely guilty, especially since the victim was so young.
86 Mr Links left Upington as he could not live with his guilt in the town. He returned only in 1991 and claims to have been well received by the com