Successive and Additional Measures to the TRC Amnesty Scheme in South Africa: Prosecutions and Presidential Pardons

By Hendrik J. Lubbe

The process of the transformation, reconciliation, development, and reconstruction of South African society had not been finalized 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 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 that 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. (Series: School of Human Rights Research - Vol. 57)

250 pages

Publication Date: 12/31/2012
Format: Paper
ISBN: 9781780681160