Following the tabling of the last of the Truth and Reconciliation Commission (TRC) recommendations, Parliament identified four key categories of reparations, namely:
- Individual, once-off reparations of R30,000.00;
- Medical benefits and other forms of social assistance;
- Symbols and monuments; and
- Community rehabilitation.
The following progress has been made in respect of the four recommendations:
Individual, once-off reparations of R30,000.00
As far as the payment of individual reparations is concerned, Parliament approved an amount of R30,000.00 as a once-off individual grant. At this stage, of the 16 837 beneficiaries that applied and were approved for individual reparations, 11 beneficiaries who must still submit the legally required documentation remain to be paid; nine are allegedly missing persons, in respect of whom the presumption of death declaration process is being followed; 13 beneficiaries have been deemed untraceable; and four have declined reparations.
Community rehabilitation
With regard to community rehabilitation, draft regulations were developed by the Department of Justic e and Constitutional Development (DoJ&CD) and published for public comment in November 2013, with the deadline for submission of comments set at 1 January 2014. The comments received are currently being reevaluated by the Department, following a stakeholders’ meeting on the draft regulations on 26 September 2014.
Symbols and monuments
Progress in this regard includes the erection of monuments such as the Hector Peterson Memorial, Freedom Park Heritage and changing of street names to reflect the history of our liberation and the process is still continuing.
Medical benefits and other forms of social assistance
The category of ‘medical benefits and other forms of social assistance’ includes education assistance. All reparations are payable from the President’s Fund, in accordance with the Promotion of National Unity and Reconciliation Act, 1995.
As the leading department in terms of the implementation of the TRC recommendations, the Department of Justice and Constitutional Development have developed basic education, as well as higher education and training regulations, in conjunction with relevant stakeholders. Following an extensive consultation process and subsequent approval by the President, these regulations were published on 3 November 2014 by way of Government Gazette, and will come into effect on 7 November 2014.
‘Victims’ are defined as persons who have been found to be victims by the TRC. Additionally, their relatives or dependants also qualify. ‘Relatives’ of victims are defined as:
- Parents of, or persons who exercise or exercised parental control over, a victim;
- A person married to a victim under any law, custom or belief; or
- A child of a victim, irrespective of whether or not the child was born of unmarried persons or was legally adopted.
‘Dependants’ of victims are defined as: Persons to whom a victim has or had a legal or customary duty to support, such as a grandchild of a victim.
In terms of basic education assistance, victims and their relatives and dependants qualify for assistance if the annual gross income of the household of which the victim or a relative or dependant of a victim is a member, does not exceed R132, 000.00; or the victim or a relative or dependant of a victim is a member of a vulnerable household, as defined in the regulations. In the case of higher education and training, the annual gross income of the household must not exceed R198, 000.00.
The assistance will be available for a period of five years from the date of commencement of the regulations.
Victims and their relatives and dependants who qualify for assistance and wish to apply are advised to consult the regulations for the various categories of assistance available, the time periods and amounts. The regulations and application forms are available on the website of the Department of Justice and Constitutional Development, https://www.justice.gov.za/, as well as from the Office of the Department’s dedicated official (tel. no: 012-315 1801).
The application forms must be completed in full. The documents required in the application form must be attached, otherwise applications will not be considered. After completion of the forms, the forms must be submitted to the dedicated official:
- electronically to the following addresses: ViJacobs@justice.gov.za
- by facsimile to 086 732 2625; or
- by registered post to the following address: The Head: TRC Unit, the Department of Justice and Constitutional Development, Private Bag X81, Pretoria, 0001.
The draft regulations in respect of housing and health assistance are currently in varying stages of development.
Despite numerous shortcomings and challenges, the government remains committed to the implementation of the TRC recommendations as part of its mission to promote nation-building and reconciliation, and thereby contribute to the process of reconstruction and development of our country. At the same time the Minister is aware of concerns expressed about the implementation of the TRC recommendations by certain TRC-related non-governmental organisations (NGOs). A meeting is to be scheduled in due course to address these concerns.
Enquiries:
Advocate Mthunzi Mhaga
Cell: 0836418141
E-mail: Mediaenquiries@justice.gov.za
