Following the presentation made to Parliament's High Level Panel on the Assessment of Key Legislation and the Acceleration of Fundamental Change by Khulumani representatives, Ms Nomarussia Bonase and Ms Marjorie Jobson, Khulumani further substantiated its oral submission with a written submission at the end of March 2017, to Working Group 3 of the High Level Panel which is focused on "What divides South Africans and what binds South Africans", including discrimination, social and economic exclusion, redress and transformation, levels of trust between citizens and institutions, and social solidarity and active participatory citizenship.
Towards this purpose, Khulumani's written submission sought to provide an analysis of the gaps that need to be addressed in existing legislation to provide for the remedies needed by those who suffered gross human rights violations in the struggle for freedom and justice in South Africa.
The lack of the adoption of the TRC's proposed remedies has resulted in the continuing and worsening economic exclusion of those who carried the largest portion of the cost of the struggle for freedom and democracy. It is to overcome this injustice that Khulumani has made this written submission. The analysis of the minutes of the TRC Reparation and Rehabilitation Committee meetings was conducted by Ms Judy Seidman, a Khulumani Board member.
Over the past 12 years since the TRC Unit was set up for the purpose of coordinating the post-TRC implementation of recommendations made by the TRC, every effort by Khulumani to engage the Department of Justice on proposals for legislation and regulations to allow for a comprehensive resolution of the unfair and unsatisfactory delivery on measures to repair the impacts of the harm suffered by victims and survivors, has met an intransigence on the part of the state and its legal drafters in the Department of Justice. Minister Masutha conceded that this reality represents a grave injustice to victims of apartheid gross human rights violations.
Khulumani's submission draws on the minutes of the meetings of the TRC's Reparation and Rehabilitation Committee to highlight how the post-TRC implementation of the TRC recommendations, fails to meet the standards agreed by the TRC itself.
Amongst these arguments is the fact that the decision of government to adhere to the unjust "closed list" of only some 22,000 individuals, is irrational against the background of the Committee's deliberations and proposals.
The Khulumani submission (attached) provides the evidence to support the removal by the state of the administrative obstacles to the delivery of justice for all victims of the gross human rights violations.
Khulumani appreciates the opportunity to advocate for an end to the founding injustice of our young democracy, after the TRC held out hope for all victims and survivors of apartheid gross human rights violations.