Question NW2512 to the Minister of Justice and Correctional Services:
15 September 2022 - NW2512
Herron, Mr BN to ask the Minister of Justice and Correctional Services:
1) Given that the Promotion of National Unity and Reconciliation Act, Act 34 of 1995, which was enacted to manage and pay reparations to victims of apartheid era gross human rights violations, has accumulated a nett surplus of R1 800 000 000 as per the most recent annual report 17 August 2021, how will the surplus funds be applied to provide reparations to victims and/or the rehabilitation of communities; 2) Whether the surplus money will be used to directly benefit victims of apartheid rather than being used for other purposes and/or finding its way into the pockets of an assortment of service providers?
Reply:
1. The surplus funds in the President’s Fund will be applied in line with the Truth and Reconciliation Commission (TRC) Parliament’s recommendations by granting reparations to victims in respect of final reparation in the form of:
a) A once-off grant of R30 000.00;
b) Symbols and monuments;
c) Medical benefits and other forms of social assistance; and
d) Community rehabilitation.
In respect of the once-off grant of R30 000.00, of the 21 676 persons identified as victims by the TRC, 17 422 applied and were paid the R30 000.00 grant. The surplus of the fund will be used to pay the outstanding 4 254 when they apply for the once off grant.
With symbols and monuments, of the 477 TRC identified missing persons, families of the outstanding 304 will, when the remains are found, be paid from the President’s Fund, amongst others: travel and subsistence allowances to attend exhumations, cleansing ceremony, hand-over ceremony, once-off grant for the reburial of the remains of deceased victims or symbolic burial of deceased victims, allowance to purchase an animal to be slaughtered for the purposes of a cleansing ceremony, the provision of a coffin under certain circumstances and funeral items and accessories.
Regarding medical benefits and other forms of social assistance, the provision of reparation to victims in respect of Basic Education will be paid from the President’s Fund for the period of application of thirteen (13) years starting at the beginning of 2023 to qualifying TRC identified victims, their relatives and dependents in respect of Grade R, general and further education.
The assistance covers, amongst other things, a maximum amount in respect of school fees, boarding fees, personal care allowance, psychological support, supplementary learning and teaching support material, digital device, uniform and transport allowance.
The Higher Education and Training regulations which came into effect in 2014 ending 2022 provides for payment of education assistance reparation from the President Fund to qualifying TRC identified victims, their relatives and dependents in respect of adult education and training; further education and training, higher education and skills development.
The assistance covers amongst other things, registration fees, boarding allowance, textbook allowance, transport allowance, meal allowance, once-off allowance to purchase a device, and financial assistance to students with disabilities in respect of assistive devices and human support.
A similar set of regulations is envisaged to be implemented from 2023. A draft set of Higher Education and Training regulations has been prepared and is awaiting internal process to be finalized for submission to the Minister for forward submission to the President for promulgation.
The surplus funds will also be applied for housing reparation assistance when the draft housing regulations which are to go out for public comments have been finalised.
In respect of medical benefits, the Department has agreed with the Department of Health that the National Health Act will be amended to include TRC identified victims and their relatives and dependents in the categories of persons who are eligible for free health services at public health establishments and the Department will make provision in the draft Regulations for special health services not rendered by public health establishments to be paid from the President’s Fund.
Regarding the usage of the surplus funds in respect of the rehabilitation of communities, the Department has been in consultation with some of the TRC referred communities for rehabilitation and with the approval of the draft regulations on community rehabilitation the fund will be used to implement the community consulted rehabilitation interventions.
2. Section 42(2) of the Promotion of National Unity and Reconciliation Act, (Act No. 34 of 1995), provides that “there shall be paid from the fund all amounts payable to victims by way of reparation in terms of regulations made by the President”.
Thus, the funds in the President’s Fund can only be used to directly benefit TRC identified victims in line with approved regulations.
The Regulations that are already promulgated are:
a) Reparation to Victims (R30 000.00 grant);
b) Exhumations, Reburial or Symbolic Burial of Deceased Victims;
c) Regulations relating to Assistance to Victims in respect of Basic Education; and
d) Regulations relating to Assistance to Victims in respect of Higher Education and Training.
The following are the Regulations that are outstanding:
a) Housing assistance;
b) Medical benefits; and
c) Regulations relating to Community Rehabilitation.
END