Tag Archives: TRC

Broken laws, broken promises, broken lives

1 Aug

The iniquity of the companies that knowingly aided and abetted the security forces of the illegitimate apartheid regime is that not only did they break international sanctions imposed by the United Nations, but their actions have directly and indirectly resulted in a number of people’s lives being almost irreparably damaged. These companies include IBM, Daimler, General Motors, Ford Motor Company and Rheinmetall. Many others were involved – banks, oil companies, mining companies, arms and ammunitions companies, construction companies. Indeed any local or international corporation that allowed itself to be co-opted in one or other way not only in sustaining and maintaining apartheid’s illegitimate legislation, but also those companies that assisted the security forces to oppress the people of South Africa. Some of this oppression was through following the immoral and illegitimate laws of the land at that time. For example: did Daimler pay its workers in South Africa (through Mercedes Benz SA) the equivalent rate that its workers in Germany received? Or was it the opportunity to exploit cheap labour that made SA so attractive to Daimler (and many other companies)?

Many victims and survivors of the myriad deliberately harming and destructive actions of the corporations are today worse off than before liberation. The promise of a ‘better life for all’ has become a ‘better life for all – except for those who had a better life before, and except for those who are not connected’ . . . to elites in the ruling party. The tragedy is that many of the victims and survivors who have been transformed into elites themselves do not care about their comrades who have seen no justice or whose lives are worse off than before: dispossessed, as Prof Ariel Dorfman says, of their futures.

Victims testified at the Truth and Reconciliation Commission under the impression that, because they had voluntarily given up the right to sue their perpetrators in pursuance of the truth of the past, they would be appropriately recompensed for their suffering and losses. Government broke that promise despite the TRC itself recommending that reparations be paid annually to the victims and survivors for six years. This must have partly been to try and ensure that none of the victims and survivors were worse off afterwards than they were during apartheid. A once-off reparations grant of R30,000 was provided by President Thabo Mbeki and his government.

One of the mothers of a disappeared son bought a second hand car with the money and named the car after her son. But the possibility of a son who may have gone on to study or work and to help support his mother in her old age could never be compensated for by the minimum payment made by government, or the purchase of a car.  The worst broken promise — a betrayal of trust — comes from those in positions of power or wealth who have turned their backs on their comrades.

Broken laws require that the perpetrators are found guilty in a court of law and suitably punished. This includes that those guilty of apartheid crimes, and apartheid was a crime against humanity that cannot prescribe or be allowed to prescribe through glib legal arguments.

Broken promises require that the promise-breakers should make amends for their defaulting. This means that our government must come to the table with the victims and survivors and ensure that the resources made available by donors and foreign governments to the President’s Fund eventually reach those people they were meant for. It is a disgrace that the President, the TRC Unit and the officer in charge of the President’s Fund have not yet published the required regulations for distributing the money in this fund to those it was created for, thirteen years after the first donations were made by the Swiss Government and the Kingdom of Denmark! The Swiss Government stipulated that the funds be distributed as mandated by the TRC. The Danish money was to be spent “solely in accordance with the recommendations of the Truth and Reconciliation Commission’s Commitee on Reparation and Rehabilitation”. This has clearly not been done.

Broken lives require that the resources for redress of material, emotional, social and community reparations are provided. It requires that every one of us living in South Africa, but especially the elites and the new elites, do what we can to make sure that the forgotten heroes of the struggle who suffered for justice and freedom in our land are enabled to carry on with their lives not worse off than when they joined the struggle.

International Day in Support of Victims / Survivors of Torture

29 Jun

On Saturday 26 June 2010, fifty-eight Khulumani members came together at Freedom Square in Kliptown, Soweto, to declare that they will never be silent, but will continue to speak out (khulumani) about torture and its devastating consequences on their lives. The members came from Mamelodi in Pretoria/Tshwane; Katlehong and Vosloorus in Ekurhuleni; Sharpeville and Sebokeng in Sedibeng; and from Soweto to remember the anniversary of the June 26, 1987 United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. (UNCAT).

The common thread running through the Khulumani members’ narratives was their experiences of torture. This is not surprising given that torture was condoned by all levels of the apartheid police and security apparatus in South Africa, not only to intimidate but to extract information from anti-apartheid activists.

For most survivors of torture, the major persistent consequence is a destruction of their capacity to establish and sustain meaningful and trusting interpersonal relationships. As torture survivor Peter Pitso Moletsane from Klerksdorp had explained in his testimony to the Truth and Reconciliation Commission (TRC): torture was designed to render its victims ‘unfit for life’.

When survivors of torture come together to collectively speak out about the abomination of torture, they are making a stand for life, rather than for death. A declaration by victims of torture that they are committed to working together for a world free of torture, is a powerful reclamation of survivors’ agency.

Despite worldwide condemnation of torture and the existence of treaty provisions that forbid torture and that criminalise perpetrators of torture, torture still occurs in two thirds of the world’s nations, including those that promote themselves as ‘civilised nations’. In South Africa, there is evidence that torture is still practiced by our security forces today in situations of involuntary detention. For Khulumani, it remains a responsibility to continue to SPEAK OUT in the struggle to ‘wipe the scourge of torture from the face of the earth so that torture may finally be consigned to the darkest spaces of history’. (Kofi Annan, June 26, 1998)

The June 26 Khulumani Commemoration programme to remember our history; to honour those who lived this history; and to speak out to stop the use of torture in South Africa, demonstrates that what happens in small places out of the public gaze will increasingly be exposed and those who commit the crime of torture will be held accountable.

Torture is one of the crimes which the defendant companies in the South African apartheid litigation, Daimler, General Motors, Ford Motor Company, IBM and Rheinmetall, are accused of knowingly aiding and abetting – through their deliberate business dealings with the security forces of the apartheid regime.

The Khulumani Commemoration ended with the launch of the book, ‘All That Was Lost’ by Professor Cath Byrne. The book is dedicated to the memory of Khulumani founder member, the late Mr Duma Kumalo.

Duma Kumalo performing at a Khulumani Support Group event

Duma was sentenced to death based on a fellow Sharpeville resident’s false testimony which was extracted under torture. Although Duma was released from jail hours before he was due to be executed, justice has not been served. His name has still not been cleared, despite his testimony to the TRC and three applications to the Department of Justice for the expunging of his criminal record. Unfortunately Duma died unexpectedly on 3 February 2006 at the age of 48. Khulumani Support Group and Duma’s family believe that a posthumous order by the Minister of Justice or the President of South Africa to expunge his criminal record would be in order, and call on the Minister and the President to expedite this request.

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