TRC Final Report

Volume 1

Chapter 8

Subsection 5

Moratoria on record destruction

44 It was the ANC Commission on Museums, Monuments and Heraldry that first mooted a moratorium on the destruction of state records in March 1992. The idea was subsequently elaborated by the ANC Commission’s Archives Subcommittee, the ANC’s Conference on Culture and Development (1993) and the Arts and Culture Task Group (1995). In June 1995, NICOC introduced a moratorium on the destruction of all ‘intelligence documents’. On 29 November 1995, Cabinet imposed a moratorium on the destruction of all records of the state irrespective of their age and of whether or not the Director of Archives had authorised their destruction. Initially the moratorium was intended to remain in place until the passing of the National Archives of South Africa Act. When the Act was passed in October 1996, however, Cabinet extended the moratorium until the completion of the Truth and Reconciliation Commission’s work.

45 It was against this background that the Commission initiated its enquiries into the records management systems and destruction of documents within the security establishment.

1962: Department of Justice argues for exclusion of ‘non-prescribed’ records. Rejected.

1962: A public service inspector argues that current records are excluded. Rejected.

1978: The Prime Minister authorises government-wide guidelines for the routine destruction of classified records.

1984: Guidelines for the routine destruction of classified records are updated with the approval of the State President.

1991: It is revealed that the NIS has destroyed a tape recording of the meeting between Nelson Mandela and PW Botha. This leads to state legal opinions 299/1991 and 308/1991, which argue that ‘sensitive’ records fall outside the ambit of the Archives Act.

1992: The Minister of Justice and National Intelligence authorises the destruction of financial and related NIS documents.

■ CHALLENGING THE AMBIT OF THE ARCHIVES ACT: A CHRONOLOGY

2 June 1993: Cabinet approves guidelines for government offices to destroy ‘state sensitive’ records.

July 1993: The Security Secretariat advises government offices to destroy certain categories of classified records.

27 September 1993: Mr Brian Currin challenges the Security Secretariat advice, which leads to a settlement whereby all parties agree that classified records are not excluded from the operation of the Archives Act simply because they are classified.

2 November 1993: State legal opinion 220/93 confirms the view that ‘state sensitive’ records fall outside the ambit of the Archives Act.

December 1993: State President’s office attempts unsuccessfully to secure legal sanction for certain categories of state record to be withheld from a new government.

November 1994: The NIS reissues its Guidelines for the Protection of Classified Information which authorise the destruction of classified records without any reference to the Currin settlement.

February 1995: The NIS revises and again reissues its Guidelines after the Director of Archives challenges these.