Final Report: adoption

Reparation Committee

24 June 2003
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Meeting report

AD HOC COMMITTEE ON REPARATIONS

AD HOC COMMITTEE ON REPARATIONS
24 June 2003
FINAL REPORT: ADOPTION

Chairpersons:
Mr A Mlangeni (ANC) [National Assembly]; Ms N Kondlo (ANC) [NCOP]

Relevant document
Draft Report on Recommendations by Sub-Committee on Reparations (Appendix 1)
Final Report (Appendix 2)

SUMMARY
The Committee reviewed the Report of the Sub-Committee and after a few technical amendments were effected, it adopted this report as the Committee's Final Report.

MINUTES
Consideration of Sub-Committee Report
Adv M Masutha (ANC) [National Assembly] proposed that the Provisional Draft Report (see Appendix) was a true reflection of the final report of the Sub-Committee. If there were no objections it would be formally presented to the full Ad Hoc Committee.

The Chair agreed, as no objections were proposed to the Draft Report.

Final Report of Ad Hoc Committee
Adv Masutha moved that the Committee accept the Sub-Committee Report as the Final Report of the Ad Hoc Committee, and proposed the following amendments: firstly, that the word 'Committee' be substituted for 'Sub-Committee' throughout the Report. Secondly, that the introductory paragraph be preceded by a paragraph giving background information on the Committee.

Adv Masutha stated that the Committee Secretary, Ms Ntombe Mbuqe, had already prepared this paragraph and it can simply be inserted in the Report. A further paragraph had to be included regarding the establishment of the Sub-Committee.

Mr L Lever (DA) [North-West] mandated the secretary to include this paragraph, which could be found in minutes of a previous meeting of this Committee.

Adv Masutha proposed that the Report be adopted, as amended.

Ms M Smuts (DA) [National Assembly] thanked the Chair for including the position of the DA in the report, even though it was not accepted. She indicated that the DA would vote against the Report, but appreciated the spirit in which the work of the Committee had been conducted.

The Chair noted that 12 Members voted in favour of the Report, with 3 voting against it. He noted that the Report has now been accepted by the Committee.

Position of Submission by the Legal Resource Centre
Ms Smuts asked the Chair if the Legal Resource Centre (LRC) had presented its submission.

The Chair answered in the negative. The LRC had left a message with the secretary of the Committee stating that they were no longer pursuing the issue. The reasons for this change of mind were unclear. The LRC had initially indicated that it was in the process of assembling a multidisciplinary team of professionals including doctors and lawyers, who were working on a submission. However the LRC felt that the time period of three days for public comment was not adequate for it to prepare a submission, and this was unfortunate and unreasonable.

Adv Masutha suggested that closure be achieved on the matter by: firstly, noting the objections of the LRC to insufficient time period, secondly, that an extension had been granted to the LRC from Friday 20 June 2003 to Monday 23 June 2003. Thirdly, the secretary had confirmed this verbal extension via e-mail and finally it has to be confirmed by the LRC that it did not intend to present a submission on this issue.

The Chair noted that Members agreed.

The Chair stated that he had consulted with the Deputy Chief Whip, as the Committee was meant to present its Final Report to Parliament tomorrow. There was however no mention of this in the order paper. He noted that Members agreed that the Committee has to address Parliament tomorrow, because if this is not done it would have to wait until September 2003.

The Co-Chairperson asked whether the Committee must report back to those who had presented submissions on the reparations.

Adv Masutha replied that this was not necessary, as it would occupy too much time.

The meeting was adjourned.

Appendix 1 : Draft Report
PROVISIONAL DRAFT REPORT ON RECOMMENDATIONS BY SUB-COMMITTEE ON REPARATIONS

INTRODUCTION
The Sub-committee met on 11, 12 and 17 June 2003 to consider the identified four recommendations made by the president in terms of s.27(1) of the promotion of unity and reconciliation act. Having deliberated on the matters the majority of members of the Committee supported the recommendations. The recommendations deal with (i) Symbols and Monuments; (ii) Rehabilitation of Communities; (iii) Medical Benefits and other forms of Social assistance and (iv) Final Reparations.

1. CONTEXT
The Committee rejects the assertion that the TRC Act was aimed exclusively at the granting of reparation to individuals only and not in granting redress to communities and the broader society for harm suffered as a result of gross human rights violations of the past.

The Committee, having identified and considered the four recommendations made to Parliament by the President, is of the view that these recommendations may be grouped into two main areas, namely:

- Recommendations that seek to address in a holistic manner gross human rights violations inflicted upon whole communities and the broader society, on the one hand; and
- Recommendations that seek to redress gross human rights violations suffered by individuals by granting them some degree of relief.

a view is that victims as defined in the act and the reparations due to them as defined are governed by sections 3, 4, 5, 25 and 26 of the act, and that symbolic or community recognition cannot serve as a substitute for inadequate individual reparations. alongside adequate reparations they would be a welcome addition.

2. RECOMMENDATIONS

2.1 Symbols and Monuments
The Committee supports the President's recommendation calling for systematic programmes to project the symbolism of struggle and the ideal of freedom through academic and informal records of history, remaking of cultural and art forms, erecting symbols and monuments that exalt the freedom struggle, including new geographic and place names.

The Committee notes the work that has already commenced at various levels of government in this regard. This includes work-in-progress towards the establishment of Freedom Park, the Garden of Peace and the renaming of streets and towns in various parts of the country.

The Committee, having deliberated on the matter, agrees that the focus here is on the struggle that led to the current democratic dispensation ushered in by the new constitutional order in 1994. In this regard the Committee, having further deliberated on the matter is of the view that unity and reconciliation of should be projected in such symbols.

2.2 Rehabilitation of Communities
The Committee supports the President's commitment to the continued rehabilitation of communities that were subjected to intense acts of violence and destruction as part of the conflicts of the past. The Committee notes that work that has already begun in this area and endorses the focus on a partnership approach between communities and government in pursuit of this objective.

The Committee, having deliberated on the matter, agrees with the view that not only individuals, but also whole communities suffered and are still in distress It therefore recognizes the need for such communities to be rehabilitated through various programmes, such as alluded to by the President.

2.3 Medical Benefits and other forms of Social assistance
With regard to the specific cases of individual victims identified by the TRC Act, the Committee notes the assurance given by the President of programmes put in place to medical benefits, education assistance and provision of housing as well as other social benefits to address the needs of individual victims identified by the TRC Act.

In this regard, the Committee's attention was brought to the assertion in the TRC report that, "the failure of the responsible government bodies to provide the required information, combined with the fact that victims return constantly to the President's Fund and the RRC empty-handed, points to a complete breakdown in the agreement forged between government (the inter-Ministerial Committee on Reparation) and the RRC, as recorded in the quoted memorandum of 14 October 1998". Page 173, Volume 6 Truth and Reconciliation Commission of South Africa Report.

The Committee therefore, proposes that Parliament in line with its oversight role, be provided with regular reports by government on progress made in this regard at least once year.

2.4 Final Reparations
The Committee, having considered the President's recommendations regarding final reparations, endorses the commitment of Government to provide a once-off grant of R30 000 to those individuals or survivors designated by the TRC, over and above the other material commitments already mentioned.

The Committee notes but does not accept the contentions put forward that the amount proposed is inadequate and that at minimum 2975 declared victims whose rights to seek legal recourse against successful amnesty applicants for damages have been extinguished are entitled to assessment of the losses suffered and to commensurate compensation.

The committee recommends that Parliament approve a requirement that an appeal mechanism should be created for victims erroneously or unfairly excluded from the TRC list of designated victims (volume 7 of the final report) in spite of having been identified as victims during the life of the TRC.

Appendix 2 : Final Report

1. Report of the Ad Hoc Joint Committee on Reparations, dated 24 June 2003:

1. Introduction

The Ad Hoc Joint Committee on Reparations (the Committee) has been established by decision of the Speaker and the Chairperson of the National Council of Provinces to consider recommendations made by the President in terms of section 27 of the Promotion of National Unity and Reconciliation Act (Act No. 34 of 1995).

The Committee first met on 3 June 2003 and elected two co-chairpersons, Mr A Mlangeni and Ms N C Kondlo, according to the Rule 55 of the Joint Rules of Parliament. The Committee met for the second time on 10 June 2003 and identified four key recommendations from the President's speech delivered to the Joint Sitting of Parliament held on 15 April 2003, namely:

(i) symbols and monuments; (ii) rehabilitation of communities; (iii) medical benefits and other forms of social assistance; and (iv) final reparations.

The Committee also appointed a subcommittee to advise it on an appropriate response by Parliament to these recommendations. The subcommittee met on 11, 12, 17 and 23 June to consider the recommendations, as well as written public comments received in this regard, and submitted a report to the Committee on 24 June, which report was accepted and adopted as the final report of the Committee.

2. Context

The Committee proposes that the four recommendations identified be grouped into two main categories, namely:

Recommendations that seek to redress injustices of the past in a more holistic manner by focusing on gross human rights violations inflicted upon whole communities and the broader society, on the one hand; and

Recommendations that seek to redress gross human rights violations suffered by individual victims identified through the TRC process by granting them some degree of relief.

A view was expressed, but not carried, that victims as defined in the Act and the reparations due to them, as defined, are governed by sections 3,4, 5, 25, and 26 of the Act, and that symbolic or community recognition cannot serve as a substitute for inadequate individual reparations. Alongside adequate reparations, they would be a welcome addition.

The Committee rejects the assertion that the Act was aimed exclusively at the granting of reparation to individuals only and not in granting redress to communities and the broader society for harm suffered as a result of gross human rights violations of the past.

In addition, the Committee rejects the contention that symbolic and community recognition serves as a substitute for what is perceived to be inadequate individual reparation.

3. Recommendations

3.1 Symbols and Monuments

The Committee supports the President's recommendation calling for systematic programmes to project the symbolism of struggle and the ideal of freedom through academic and informal records of history, cultural and art forms, erecting symbols and monuments that exalt the freedom struggle, including new geographic and place names.

The Committee notes the work that has already commenced at various levels of government in this regard. This includes work-in-progress towards the establishment of Freedom Park, the Garden of Peace and the renaming of streets and towns in various parts of the country.

The Committee, having deliberated on the matter, agrees that the focus here is on the struggle that led to the current democratic dispensation ushered by the new constitutional order in 1994. In this regard, the Committee, having further deliberated on the matter, is of the view that unity and reconciliation should also be projected in such symbols.

3.2 Rehabilitation of Communities

The Committee supports the government's commitment to the continued payment of special emphasis on the rehabilitation of communities that were subjected to intense acts of violence and destruction. The Committee notes the work that has already begun in this area and endorses the focus on a partnership approach between communities and government in pursuit of this objective.

The Committee, having deliberated extensively on the matter, agrees with the view that not only individuals but also whole communities suffered and are still in distress. It therefore recognises the need for such communities to be rehabilitated through various programmes, such as alluded to by the President.

3.3 Medical Benefits and other forms of Social assistance

With regard to the specific cases of individual victims identified by the Act, the Committee notes the assurance given by the President of programmes put in place to provide for medical benefits, education assistance and provision of housing as well as other social benefits to address the needs of individual victims identified by the Act.

In this regard, the Committee's attention was drawn to the assertion in the TRC report that "the failure of the responsible government bodies to provide the required information, combined with the fact that victims return constantly to the President's Fund and the RRC empty-handed, points to a complete breakdown in the agreement forged between government (inter-Ministerial Committee on Reparation) and the RRC".

The Committee therefore proposes that Parliament, in line with its oversight role, be provided with regular reports by government on progress made in this regard at least once a year.

3.4 Final Reparations

The Committee, having considered the President's recommendations regarding final reparations, endorses the commitment of the government to provide a one-off grant of R30,000 to those individuals or survivors designated by the TRC, over and above the other material commitments already mentioned.

The Committee notes, but does not accept, the contentions put forward that the amount proposed is inadequate and that at minimum the 2975 declared victims whose rights to seek legal recourse against successful amnesty applicants for damages have been extinguished, are entitled to assessment of the losses suffered and to commensurate compensation.

4. Conclusion

The Committee therefore recommends that Parliament accept the four recommendations made by the President, as identified in this Report. Further, the Committee anticipates that all the necessary practical arrangements for the effective implementation of these recommendations will be provided for in the regulations to be promulgated and implemented by the President in accordance with the provisions of the Act.

Report to be considered.


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