Peace, Justice and Ethnic Conflict | CODESRIA - 0 views
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Do not conflate criminal with political violence. Political violence may be criminal, but it is more. Political violence has a constituency • Political violence is seldom a stand alone act. It is most often part of a cycle of violence. When it comes to a cycle of violence, victims and perpetrators often change sides.
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The South African transition was marked by three characteristics. To begin with, the Cold War had ended and external involvement in South Africa was at an all-time low. Second, the internal situation had reached an impasse. Both sides dropped their maximum goal – victory or revolution – so as to give the political process a chance. Each side de-demonized the other; yesterday’s enemies became today’s adversaries. The difference between an adversary and an enemy is this: you can talk to an adversary, but you have to eliminate an enemy. Finally, when the fighting ended, there was no judicial process. The way ahead was forged through a political process.
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The first set of concessions is what Joe Slovo, the Secretary-General of the Communist Party, called sunset clauses. They promised that the personnel of the old apartheid state – including its security forces, judiciary and civil service – would survive into the post-apartheid order. The state personnel were granted impunity. Only the political establishment had to subject itself to an inclusive electoral process. Second, there was constitutional protection for white-owned property; this protection was translated into a local government law. Third, there were no court trials of perpetrators; there was no judicial process. Instead, there was an amnesty for all. The much-lauded TRC really functioned as a mock quasi-judicial process: no matter the quality of the truth offered, it had no choice but to grant amnesty.
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