TRC Final Report

Volume 1

Chapter 3

Subsection 1

Volume ONE Chapter THREE

Setting up the Commission

■ SETTING UP

1 The President appointed the following persons as commissioners of the Truth and Reconciliation Commission, and their names were published in the Government Gazette (No. 16885) on 15 December 1995. They were Archbishop Desmond Tutu (Chairperson), Dr Alex Boraine (Vice-Chairperson), Ms Mary Burton, Adv Chris de Jager, the Revd Bongani Finca, Ms Sisi Khampepe, Mr Richard Lyster, Mr Wynand Malan, the Revd Dr Khoza Mgojo, Ms Hlengiwe Mkhize, Mr Dumisa Ntsebeza, Dr Wendy Orr, Adv Denzil Potgieter, Dr Mapule F Ramashala, Dr Fazel Randera, Ms Yasmin Sooka and Ms Glenda Wildschut.

2 The Commission held its first meeting at Bishopscourt, the residence of the Archbishop of Cape Town, on the Day of Reconciliation, 16 December 1995. It was decided that the national office of the Commission would be in Cape Town, and commissioners were allocated the following committees:

a The Human Rights Violations Committee: Archbishop Desmond Tutu (Chairperson), Mr Wynand Malan (Vice-Chairperson), Ms Yasmin Sooka (Vice-Chairperson), Dr Alex Boraine, Ms Mary Burton, the Revd Bongani Finca, Mr Richard Lyster, and Dr Fazel Randera.

b The Amnesty Committee: Adv Chris de Jager, Ms Sisi Khampepe and Adv Denzil Potgieter.¹

c The Reparation and Rehabilitation Committee: Ms Hlengiwe Mkhize (Chairperson), Dr Wendy Orr (Vice-Chairperson), the Revd Dr Khoza Mgojo, Dr Mapule F Ramashala and Ms Glenda Wildschut.

d Mr Dumisa Ntsebeza was appointed as head of the Investigation Unit.²

3 It was also agreed that the Department of Justice would assist in the process of establishing the offices and infrastructure of the Commission.

4 On 8 January 1996, the Human Rights Violations Committee held its first meeting at the Johannesburg International Airport. A work plan for the Committee was tabled and discussed. It was agreed that the Committee would need to function in a decentralised manner.

5 The full Commission held its second meeting on 22 - 26 January 1996 when a wide range of topics was discussed and decisions were made. After reviewing and discussing the Promotion of National Unity and Reconciliation Act (the Act), the Commission agreed that it would maintain regional offices in four centres, namely Cape Town, Johannesburg, Durban and East London. It agreed further that the headquarters of the Amnesty Committee would be in Cape Town, while the headquarters of both the Human Rights Violations Committee and the Reparation and Rehabilitation Committee would be in Johannesburg. There was a series of discussions on the role of the Investigation Unit, the management of information, the need for a sophisticated database, a media and communication strategy for the Commission, and the need for the safety and security of Commission staff and resources. An organisational plan outlining the staffing structure of the Commission was tabled and discussed, and the Commission agreed to advertise for staff without delay. Other matters discussed included the recording and transcription of meetings and hearings, and assistance offered by international donors.

6 The third full meeting of the Commission was held on the 13 and 14 February 1996. This meeting approved a full staffing plan together with job descriptions and the appointment of a finance manager, a head of research, a human resources manager and a human resources officer. The finance manager was mandated to draw up a budget without delay. Finally, the meeting agreed that the following commissioners would be responsible for the Commission’s regional offices: Dr Wendy Orr (Cape Town), Dr Fazel Randera (Johannesburg), the Revd Bongani Finca (East London) and Mr Richard Lyster (Durban).

<CITE>1 After taking legal advice to the effect that only two commissioners could serve on the Amnesty Committee, it was decided that Adv Potgieter should serve on the Human Rights Violations Committee. A number of changes were made to the composition of the Amnesty Committee later in the life of the Commission. See the administrative report of the Amnesty Committee in this volume. CITE><CITE>2 It was subsequently agreed that Mr Dumisa Ntsebeza should also serve on the Human Rights Violations Committee. CITE>