The process of the transformation, reconciliation, development and reconstruction of South African society had not been finalised when the Truth and Reconciliation Commission (TRC) and the Amnesty Committee reached the end of their mandates in 1998 and 2003 respectively. The reality is that apart from those people whose applications for amnesty have failed, there are also those who simply choose not to participate in the proceedings, as well as those who could not participate due to the limitations in the scope of the TRC. It is therefore imperative to implement measures to address “unfinished business,” which should be approached in such a manner that they complement and build upon the work of the TRC. This book focuses on successive measures in the form of prosecutions and on the implementation of additional measures in the form of Presidential pardons in the aftermath of the TRC’s amnesty scheme. The main objective of this book is to examine the manner in which the post-TRC phase in South Africa has unfolded and to answer the question of whether or not South Africa’s post-TRC initiatives are in compliance with both national and international law. The aim of presenting the South African model, although context specific, is to contribute to a better understanding of legal challenges a society in transition faces in the aftermath of initial measures in the form of amnesty. This will provide guidance to future societies in transition and reduce the likelihood of repeating avoidable errors – errors that transitional societies can hardly afford to make.
About the author:
Hendrik J Lubbe was born in South Africa on 23 October 1982. During his research he completed internships at the South African Human Rights Commission and the United Nations International Tribunal for the Former Yugoslavia. He is currently a senior lecturer in the Faculty of Law at the North-West University, Potchefstroom Campus in South Africa.
CHAPTER 1. INTRODUCTION (p. 1)
CHAPTER 2. THE DILEMMA OF HOW TO DEAL WITH CRIMES COMMITTED BY THE OFFICIALS AND AGENTS OF A PREDECESSOR REPRESSIVE REGIME AND ITS OPPOSITION (p. 13)
CHAPTER 3. A DECADE AFTER THE TRC IN SOUTH AFRICA: THE NATIONAL PROSECUTING POLICY RELATING TO POST-TRC PROSECUTIONS (p. 57)
CHAPTER 4. SUBSTANTIAL AND PROCEDURAL ISSUES RELATING TO POST-TRC PROSECUTIONS AND APPROPRIATE SENTENCING (p. 103)
CHAPTER 5. THE SPECIAL DISPENSATION ON PRESIDENTIAL PARDONS (p. 151)
CHAPTER 6. CONCLUSION (p. 199)
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