Issued by: Truth and Reconciliation Commission
SUBMISSIONS BY PRACTICAL VALS
DATE - THURSDAY 22nd MAY 1997 TIME - 11:30 AM VENUE - TRUTH COMMISSION OFFICES, 9th FLOOR 391 SMITH ST. DURBAN
On Thursday 22nd May, the Durban office of the Truth Commission will receive a submission from Practical Ministries, and interdenominational ecumenical organization based in Port Shepstone. Practical Ministries have assisted a number of communities who were the subject of forced removals by thgether this submission, which focuses on the plight of victims of forced removals not only in this province but throughout the country.
The Act of Parliament in terms of which the Truth Commission was established, obliges the Truth Commission to investigate certain defined gross human rights violations, such as murder, torture, abdut does not specifically include forced removals. In interpreting what severe ill treatment means, the Commission has concluded that where a forced removal included a gross human rights violation as defined in the Act, (murder, torture etc) then such a case could be brought before the Commission and dealt with by the Commission.
However, with regard to forced removals per se, the Commission has concluded that its the mandate does not extend to dealing with victims of that aspect of the previous government's policies. The Commismited period of time and with the relatively small budget that it has been given by the government to complete its work, it could not possibly embark on a task as huge as investigating forced removals in South Africa, which affected so manmportantly, the new government and established other state institutions to deal with the consequences and repercussions of forced removals, in the form of the Commission on Land Restitution, and the Land Claims Court. Accordingly it was primarily in this context, that the Commission decided that it would be misinterpreting its mandate, and would be duplicating the work of the Commission on Land Restitution Commission and Lands Claims Court, if it extended its work to include forced removals.
The Commission nevertheless appreciates that the forcible removal of people from land is a serious violatiese, as well as other violations like job reservation, race classification, pass laws etc. which made it so much easier for gross human rights violations such as murder, torture etc. to be committed or facilitated.
The Commission is given the task of preparing a report to hand to the government at the end of its period of office, and it is important that when the Commission draws up its report, it is placed in possession of as much historical, background and contextual material as possible, and it is for this reason that the Commission is glad to accept the submission from Practical Ministries.
With the assistance of this material, the Commission will be able to present a report which gives as full a picture as a possible of this country's troubled past.
R. LYSTER DR. K. MGOJO COMMISSIONER COMMISSIONER