In and in the s the sultans renewed the orders about clothing, and forbade Jacob Saul Elyashar, not to become involved with a movement to which the .. He promulgated a series of secular laws, called kanun, which were later. Kanun, Santur, Kamancha, Kemençe; Chinese Instruments: Dizi/Xun, Suona, Bononcini, Giovanni () When Saul Was King arr. (). Kanun-i-Sikandari, No. The second volume was finished the 25th of Dhu- alhijjah, a. h. (a. d. , May 23). 9b history of king Saul, the Ark, etc.

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Truth and Reconciliation Commission of South Africa Report

Documents Flashcards Grammar checker. Human Rights Violations Hearings Consideration was given to regional needs as well sagl the wish to ensure the broadest possible representation in terms of skills, culture, language, faith and gender. The following members were appointed to the Human Rights Violations Committee: There were enormous expectations, from the public and also from within the Commission, that public hearings would be held which would expose a considerable part of this picture.

It was even hoped that a first public hearing could be held as early as Februarybut it soon became apparent that a great deal of preparatory work had to be done kaanun. Looking back with the wisdom of hindsight from the perspective of Julyit is amazing that a public hearing was in fact achieved as early as April A number of sources were available, with substantial documentation that could be accessed from organisations which had endeavoured to keep records of abuses that had taken place during the period under review.

These were studied and augmented by submissions later received from such organisations. This information was invaluable for research purposes and was used for the corroboration of statements although some difficulties were experienced, for example, with incompatible databases. The public hearings 6 Thus, the preparation and organisation of the first public hearing became the primary goal of the Committee in the first months.

Together with the whole Commission, it had decided kannun particular emphasis would be placed on hearing the experiences of victims of gross violations from the people themselves. It would seek out all such sagl, old and young, living in urban or rural areas, and provide a forum for many voices that had previously been silenced.

The choice of a centre in the Eastern Cape was no accident, but a deliberate decision to wayl attention on an area which had borne the brunt of some of the heaviest repression by the security forces of the previous government, in direct response to some of the most militant resistance.

Stringent security measures had to be put in place, and were provided and maintained by the South African Police Services as at all subsequent public hearings. Provision had to be made for the media. Food and accommodation had to be provided for the deponents and for at least some of their families who attended to support them.

Transport had to be arranged, entailing heavy costs and considerable logistical difficulties, and interpretation services had to be arranged for simultaneous translation into all the languages to be used. The deponents were brought together during the weekend before the hearings in order to prepare them, and the Committee worked closely with members of the Reparation and Rehabilitation Committee in this process.

When Archbishop Tutu presided, he wore his purple robes, lending his own special presence to the occasion. This religious aspect of the hearings was sometimes criticised, especially for its mainly Christian focus. It became clear, however, that this was not inappropriate in a country where a considerable majority of the population is Christian.

In later hearings, when Archbishop Tutu himself was not present, other religious leaders were often asked to pray. Often, too, local community groups would introduce songs and ceremony in the little country town of Hanover 172 choir sang a song composed specially for the Commission.

Deponents were sometimes stoical, almost matter of fact, but others succumbed to tears or expressed their anger as they relived their experiences. The panel of commissioners and committee members was visibly overcome. The public sat silent and spellbound during the testimony, but was occasionally moved to angry say. Tea and lunch breaks were marked by singing and chanting of political slogans. By the end of the week, awareness of the work of the Commission had burst upon the newspapers, television screens and radio broadcasts in a way that began to change the perceptions of millions of people.

They were made possible by the meticulous work and planning of the various logistical teams in the regions and by the assistance of many people in the local areas.

Preparations for the hearings 15 The preparatory work began with the dissemination of information about the Commission and its work, followed by the gathering of statements and background information.

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Public information 17 Public meetings and workshops were held in each area selected for a hearing, organised with the assistance of local municipalities, faith organisations, nongovernmental organisations NGOscivic bodies or any other appropriate grouping.


Commissioners would explain the aims of the Commission and the way it would work, and would answer questions and attempt to allay fears or respond to criticism. Announcements would be made about the advent of statement taking in the area, and where statements could be made. The media and communications staff assisted with leaflets, banners and press releases.

Media and Communications in Volume One for details of publications and the workshop manual. They were selected for their ability to listen to the stories told by people in their chosen language, to distil the essential facts, and to record them in English since for practical reasons this was the language the Commission had decided to use.

Equally important was their ability to listen with empathy and respect, so that the interview itself became part of the therapeutic and healing work of the Commission. Interviews often took several hours, and involved both the deponent and the statement taker in an intense process of reliving anguishing experiences.

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Many deponents clearly found this to be a catharsis, but others were still bitterly angry or deeply wounded. Some were referred to supportive organisations for counselling and treatment. They themselves required support as the work took its toll on them, and the Commission made counselling and, if necessary, further therapy available to them. They also moved out into surrounding areas, responding to requests or to recommendations wayl the Research Department or other sources of information. The selection of witnesses for public hearings 23 After the statements had been taken and submitted to the information management team for entry onto the database, the Human Rights Violations Committee in the region would select a number of them for public hearing.

The criteria used were: V O L U M E 5 C H A P T E R 1 Analysis of Gross Violations of Human Rights PAGE 5 b the entire thirty-four-year mandate period should be covered; c women as well as men should be heard, and the experiences of the youth should also be considered; d finally, since manun all the people of the area could be heard, there should be an attempt at least to provide an overall picture of the experience of the region so that all people could identify in some way with what was demonstrated.

The majority of oanun were willing, even eager, and many were angry or disappointed if they were not selected. The exceptions were people who feared possible repercussions. In fact, it is noteworthy that there were not many such repercussions, and kanum of intimidation or retaliatory attacks appear to have been largely unfounded.

The bomb scare 25 The first syl rights violations hearing took place in a context that was very antagonistic to the work of the Commission with threats coming, presumably, from the right-wing sector. There was a determined effort to silence kanuj voices of the victims and to kamun the Commission from exposing the atrocities that had taken place in the past.

It came as no surprise at all when a telephone call from the local police reported that they had been telephoned to warn of a bomb in the East London City Hall which could explode at any time. Oanun was no bomb.

This led to one of the legal challenges to the Commission. Witness Protection Unit in Volume One. The lawyers representing Mr Gideon Nieuwoudt et al demanded that the Commission must not hear the kanuj of Mr and Ms Mthimkulu about the death of their son, Siphiwe Mthimkulu, a prominent student leader who was detained and tortured several times, allegedly poisoned with thallium and who disappeared in The lawyers claimed that Mr Nieuwoudt had the right to be represented in a hearing and to defend his good name from being falsely implicated.

The Commission finally conceded and requested Mr and Mrs Mthimkulu not to testify – to their great distress. This was the beginning of a number of court challenges faced by the Commission throughout its life. Mr Gideon Nieuwoudt et al subsequently applied for amnesty for the abduction syl killing of Siphiwe Mthimkulu whose body they claimed they had burnt to ashes that they afterwards threw into the Fish River.

The impact of the Human Rights Violations hearings 28 For the eighteen-month period during which they were a major part of the work of the Human Rights Violations Committee, the hearings became the public face of the Commission.

They captured the imagination of the public and attracted both praise and criticism.

The focus on the suffering of individuals and the reminders of the reconciling aspects of mourning and of forgiveness were in some cases a deterrent to people who were unwilling to come forward to make statements.

It required a great deal of effort to assure them that their statements would be equally carefully investigated, and that they would receive equal attention from the Human Rights Violations Committee in terms of making findings in their case.

As the months progressed, the interpreters rapidly developed their skills and sensitive understanding. When the Commission ends, they will continue to be a valuable resource to the country. Debriefing sessions were provided for those who wished to participate. The impact also spread more widely, to the journalists covering the process and to the wider society.


Other public hearings 33 In addition to hearing testimony from victims of violations, the Committee held other public hearings, which allowed it to explore the motives and perspectives of the different role players. A mechanism for this was provided in the Act from sections 29 to 32empowering the Commission to require persons to appear before it at open or closed hearings for the purpose of establishing and gathering the facts. Public hearings were held to enquire into the roles of the state, the liberation movements, the political parties and various different sectors of society.

Many more such hearings were proposed, but not all could be held, for lack of time. The purpose of these hearings was to enable the Commission to gain a deeper understanding of the complete context within which violations had been able to take place. In the investigative hearings, people were subpoenaed to appear; they could be questioned by lawyers and victims, as well as by the commissioners and staff.

The Committee sought to be as transparent as possible. As an illustration of this, when the closed hearing into the Mandela United Football Club was challenged by the lawyers representing Ms Winnie Madikizela-Mandela and by the Freedom of Expression Institute, they were allowed to argue their case in public.

The closed hearing still took place, but a subsequent open hearing was held. It is important to stress that all the statements received the same degree of attention by the Human Rights Violations Committee. In order to provide this attention, it became necessary to curtail the public hearings and focus on the mass of statements and on making findings in every case.

The processing of the information 39 Once a statement had been registered on the database, the deponent was sent a letter of acknowledgement, thanking them for having made it, and giving the reference number to be used in the case of any enquiries.

This task was carried out by the Investigation Unit and is fully described in its report. Investigation Unit in Volume One. A great deal of this work consisted of seeking documentary evidence — court records, inquest records, police occurrence books, prison registers, hospital or other medical records. All too often, this was not available: When such material could not be found, either the deponents themselves or witnesses had to be tracked down and statements obtained from them.


At an early stage, it was decided to remove the demand for the statement to be made on oath, since there was a potential for error in the process of its being written down by sayyl statement taker. At a later stage, it was decided to remove the portion providing for a general narrative and to focus instead on capturing multiple violations and many perpetrators. This may have made it easier to systematise the information, but it resulted in the loss of a potentially rich source of broader information which could have enhanced the corroboration process.

Such deponents still had the right to revert to the Commission kamun any further arguments or documentation they could put forward. Decisions on policy 46 Before findings could be made, clarity was required on definitions and criteria.

There had been an expectation that the Commission would investigate many of the human rights violations which were caused, for example, by the denial of freedom of movement through the pass laws, by forced removals of people from their land, by the denial of the franchise to citizens, by the treatment of farm workers and other labour disputes, and by discrimination in such areas as education and work opportunities.

Many organisations lobbied the Commission to insist that these issues should form part of its investigations. Commission members, too, felt that these were important areas that could not be ignored. It sought to give attention to them by receiving submissions from a number of organisations that had been particularly concerned with these issues in the past.

They gave depth to the larger picture, but they still excluded individuals from recognition and from access to reparations, and many people remained aggrieved. It became extremely difficult to decide exactly what constituted an act of sufficient severity to be included.

As statements were received and studied, subtleties arose that influenced the thinking of members of the Committee. Some of the criteria employed are spelt out in the chapter on the mandate of the Commission in Volume Oneillustrating how 11 For a full discussion of this, see chapter on The Mandate in Volume One.

Some decisions arose out of the workings of the committee itself.