JOURNAL OF UWC FACULTY OF LAW | ISSN 2077-4907 | Short URL www.ldd.org.za

Reparations policy in South Africa for the victims of apartheid

Volume: Volume 3(2) - 1999

Article type: Refereed article

Author/s: Fernandez, Lovell

Lovell Fernandez discusses the reparations policy of the Truth and Reconciliation Commission of South Africa. In terms of the founding Act, the commission merely has the power to make recommendations on reparations while Parliament is to decide on it.

The commission recommended five forms of reparations: urgent interim reparation, individual reparation grants, symbolic reparation and community rehabilitation, community rehabilitation programmes, and institutional reform. Although some urgent interim reparation payments were made, many applicants are still waiting. No money for individual reparation grants were earmarked in the Budget and no government ministry was given responsibility for implementing the process. No clear reason can be identified why government is failing to meet its obligations to the 22 000 victims identified by the commission.

About the author/s

Lovell Fernandez

Professor of Law, University of the Western Cape

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