LEGAL BACKGROUND TO THE TRC

The Truth and Reconciliation Commission is based on the final clause of the Interim Constitution of 1993 and passed in Parliament as the Promotion of National Unity and Reconciliation Act, No 34 of 1995.

Acts of the South African Parliament

• Promotion of National Unity and Reconciliation Act, No. 34 of 1995 (166 Kb).
  This is the Act that governs the TRC. The following amendments are included in the Act, (Act 34 of 1995):
  * Promotion of National Unity and Reconciliation Amendment Act 87 of 1995
  * Judicial Matters Amendment Act 104 of 1996
  * Promotion of National Unity and Reconciliation Amendment Act 18 of 1997
  * Public Service Laws Amendment Act 47 of 1997
  * Promotion of National Unity and Reconciliation Second Amendment Act 84 of 1997
  * Promotion of National Unity and Reconciliation Amendment Act 33 of 1998
  * Judicial Matters Amendment Act 34 of 1998
  * Promotion of National Unity and Reconciliation Amendment Act 23 of 2003

Bills of the South African Parliament

These documents were obtained from the Government website at http://www.polity.org.za.

• Promotion of National Unity and Reconciliation Bill, No. 30 of 1995
  40 pages (128 Kb).
• Promotion of National Unity and Reconciliation Amendment Bill, No. 37 of 1997
  3 pages (6 Kb).
• Portfolio Committee Amendment to Promotion of National Unity and Reconciliation Amendment Bill, No. 37a of 1997
  1 page (2 Kb).
• Promotion of National Unity and Reconciliation Amendment Bill, No. 37b of 1997
  3 pages (6 Kb).
• Promotion of National Unity and Reconciliation Amendment Bill, No. 48 of 1998
  4 pages (10 Kb).
• Promotion of National Unity and Reconciliation Amendment Bill, No. 48a of 1998
  1 page (2 Kb).
• Promotion of National Unity and Reconciliation Amendment Bill, No. 48b of 1998
  4 pages (10 Kb).

Gazettes

• Indemnity Committees (GN R2633 in GG 12838 of 9 November 1990)
• Further Indemnity Regulations (GN R3159 in GG 14415 of 12 November 1992)
  
• Application for Amnesty (GN R238 in GG 16985 of 9 February 1996)
  
• Limited Witness Protection Programme (GN R2122 in GG 17686 of 20 December 1996)
  
• Tariff of Allowances (GN R911 in GG 17225 of 1 July 1996)
  
• Regulations prescribing measures contemplated in Section 18 (2) (GN R791 in GG 17182 of 17 May 1996)
  
• Regulations prescribing the remuneration, allowances and other benefits of the Chairperson, Vice-Chairperson and Commissioners of the Truth and Reconciliation Commission (GN R239 in GG 16986 of 9 February 1996)
• Regulations prescribing tariff of fees contemplated in Section 34 (3) (GN R681 in GG 17989 of 9 May 1997)
• Measures to provide urgent interim reparation to victims (GN R545 in GG 18822 of 3 April 1998)
  
• Reparation to victims (GN R1660 in GG 25695 of 12 November 2003)
  

Constitutional Issues

These documents were obtained from the Government website at http://www.polity.org.za and the Wits Law School website at http://www.law.wits.ac.za .

• Section from the Interim Constitution which deals with the creation of the Truth and Reconciliation Commission 1 page (2 Kb).
• Complete text of the Interim Constitution of 1993 165 pages (485 Kb).
• The current version of the Constitution of the Republic of South Africa, 1996.pdf
• Summary of the Constitutional Court Judgement of 25 July 1996 involving AZAPO, Mrs Biko, Mr Mxenge and Mr Ribeiro and the TRC 3 pages (4 Kb).
• Full text of the Constitutional Court Judgement of 25 July 1996 involving AZAPO, Mrs Biko, Mr Mxenge and Mr Ribeiro and the TRC 58 pages (99 Kb).

Miscellaneous Documents

• Explanatory memorandum to the Parliamentary Bill 5 pages (14 Kb).
• Justice in Transition booklet explaining the role of the TRC 9 pages (25 Kb).

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PDF version of the TRC Legal Background [Bills, Constitutional Issues & Misc Documents] [679kb]