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Chapter Summary

Post-TRC prosecutions are part of South Africa's model of dealing with crimes committed during the apartheid conflict and, thus, must be put in context with the TRC's conceptual and legal regime on amnesty. This chapter presents comments on the conduct of post-TRC prosecutions and their impact on the process of dealing with the past. The lack of a clear commitment and concentrated efforts after 1998 essentially reveal a lack of political will from the government to properly support post-TRC prosecutions. The South African handling of post-TRC prosecutions violates the Constitution wherever proceedings are not instituted despite the existence of evidence which would warrant further investigation or prosecution. The proposition of prosecutions harming the achievements of the TRC also forgets that the amnesty proceedings had significant gaps, since many perpetrators of politically motivated gross human rights violations did not submit amnesty applications.

Keywords: gross human rights violations; post-TRC prosecutions; South Africa



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