Question NW1274 to the Minister of Justice and Correctional Services

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18 May 2023 - NW1274

Profile picture: Herron, Mr BN

Herron, Mr BN to ask the Minister of Justice and Correctional Services

Considering that victims of the apartheid regime and many who were excluded from the Truth and Reconciliation Commission (TRC) for reparations, continue to advocate for financial support and the administration of justice against perpetrators and noting that the monetary reparation fund in the form of The President’s Fund still remains largely unused, what new initiatives are currently underway to engage and/or assist those who are still seeking reparations and justice; (2) Following the Khulumani Galela campaign in 2022 that saw protestors camping outside the Constitutional Court, what communication and co-operation has been undertaken to address the concerns raised by various nongovernmental organisations and other organisations focused on TRC reparations; (3) What (a) is the most recent communication received from foreign donors regarding their investment into the President’s Fund and (b) concerns were expressed

Reply:

1.The Department of Justice and Constitutional Development is mandated and limited to implementing the Truth and Reconciliation Commission (TRC)’s recommendations approved by the fourth Parliament and pay the recommended reparations to people that have been declared as victims by the TRC. Therefore, the Department cannot, not under this mandate, come up with initiatives to consider victims of apartheid excluded from the TRC process and reparations.

Below are the TRC’s recommendations, approved by the fourth Parliament, that the Department must implement:

  1. Once off Individual grant of R30 000.00;
  2. Symbols and monuments;
  3. Medical benefits and other forms of social assistance; and
  4. Community Rehabilitation.

2. The Department met with Khulumani Galela campaign in 2022 and undertook to receive a list of the Khulumani members on protest at the Constitutional Court for purposes of verifying the campaign members that are TRC identified victims and to enable the members’ access to Parliament’s approved TRC reparations. The Department provided the information to Khulumani as requested. The Department also indicated its obligation to implement the decisions of Parliament to pay the recommended reparations to people that have been declared as victims by the TRC.

3. The President’s Fund does not have any investors but has donors with the last donation received in 2012. In terms of concerns expressed, the President’s Fund is not aware of any correspondence in this regard.

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