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Apartheid on Trial:
South Africa's Truth and Reconciliation Commission

In 1994, the South African state dismantled its
repressive and undemocratic system of white minority rule known as apartheid,
literally meaning "apartness." The people of South Africa
now faced the monumental challenge of rebuilding a nation torn apart by racial
hatred and violence. Under President Nelson Mandela and the African
National Congress (ANC), political leaders passed the Promotion of National
Unity and Reconciliation Act of 1995. A key component to the legislation
became the Truth and Reconciliation Commission (TRC). According to former
Minister of Justice, Dullah Omar, the TRC is "a
necessary exercise to enable South Africans to come to terms with their past on
a morally accepted basis and to advance the cause of reconciliation."
The TRC’s goal in South Africa
was to promote justice and peace. One of its key responsibilities was to
decide whether or not to give amnesty to individuals who committed crimes
during the reign of apartheid. In order to be awarded amnesty, applicants
must demonstrate to the committee that they have made a full disclosure of the
offense and that it was politically motivated.
This assignment juxtaposes two trials in which
applicants appealed for amnesty for the crime of murder. The first trial
deals with the murder of anti-apartheid leader Steve Biko
who died in 1977 while under police custody. The second trial deals with
Amy Biehl, an American student on scholarship in South Africa,
who was murdered in 1993 by a group of black teenagers. The TRC reviewed
both cases in 1997.
To complete this internet assignment, follow the steps
below.
CHECK OUT THE SOURCES:
- Now that you know the
facts, watch the trials unfold by reading coverage from the SAPA (South
African Press Association): Steve
Biko trial and Amy
Biehl trial.
Feel free to review other cases in the extensive Truth and Reconciliation Commission Report.
For more information about Amy Biehl, visit The Amy Biehl
Foundation. For more information about Steve Biko,
visit this page
on modern South African history.
WRITE A BRIEF RESPONSE:
- Which evidence was
critical to their decisions? What reason(s) did they give for their
verdicts?
- Do you agree with their
reasoning in each case? Would you have come to the same conclusions
based on the available evidence? Why or why not?
- Comment on the overall
effectiveness of the TRC. Were the greater goals of
"truth" and "reconciliation" achieved in each
case? What were the attitudes of the victims' families toward the
trial and verdict?