TRC Cases Inquiry can’t handle apartheid reparations: Semenya
The inquiry is probing whether there was attempts to prevent prosecution of apartheid-era crimes.
Adv Ishmael Semenya, the Truth and Reconciliation Commission (TRC) Cases Inquiry Evidence Leader, has expressed that the TRC has limited capacity to address issues of reparations for apartheid era human rights violations. The TRC's inquiry, which is currently taking place in Newtown, Johannesburg, has faced criticism from the Khulumani Support Group, which aims to have the matter of unpaid reparations to thousands of survivors considered in recommendations to President Cyril Ramaphosa.
The Khulumani, representing 120,000 victims and survivors, claims that the TRC's cut-off date of December 14, 1997, and limited eligibility criteria resulted in a "closed list", which has left many victims without justice. During an exchange between Semenya and the Deputy Board Chair of the Khulumani, Mbuyiselo Botha, Semenya emphasized the TRC's obligation to adhere strictly to its terms of reference, which encompasses constitutional damages but not reparations.
Botha agreed, acknowledging the TRC's scope. Semenya then asked if the Khulumani intended to challenge the TRC's closed list in the High Court, to which Botha confirmed. The Calata Group, representing 25 families, has also been pushing for the establishment of a judicial commission and a bid for constitutional damages. However, they do not seek reparations from the President’s Fund, as their legal counsel, Adv Howard Varney, clarified that their application for constitutional damages is separate from the issue of reparations and targets the closed list's unfairness.
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