Fund to compensate victims of apartheid remains largely unspent

12 October 2022

More than 28 years after the demise of apartheid, a special fund set up to pay reparations to victims of human rights violations remains largely unspent.

The President’s Fund was established in terms of the 1995 Promotion of National Unity and Reconciliation Act, the same Act that created the Truth and Reconciliation Commission (TRC).

But, besides paying one-off reparations to approximately 17 000 of the 21 000 victims of human rights violations named by the TRC – at a much lower rate than recommended by the TRC – the money is sitting in the bank. The Fund’s most recent reparation regulations were gazetted in 2003.

The fund, initially capitalised by the State and donations from governments and individuals, including former Truth and Reconciliation Commission Chairperson Archbishop Desmond Tutu, has accumulated a nett surplus of R1.8 Billion, according to its 2020/2021 annual report.

Annual Reports published over the past 15 years show that, instead of the Fund being used for its intended purposes, it demonstrates steady incremental growth.

Considering the present state of the economy, the unemployment rate, and radical inequality closely mirroring apartheid inequality – besides the immorality of not spending money purposefully set aside to compensate apartheid victims – the State’s inability to spend the money is a total disgrace.

“The State’s unwillingness to follow through with the national reconciliation project initiated by President Mandela and the TRC is a slap in the face of all who participated in the process There is a continuing pressing need for national healing and cohesion,” said GOOD MP, Brett Herron.

Besides the TRC recommendations on the quantum of reparations being ignored, so too were its recommendations on prosecuting perpetrators of human rights violations who did not receive amnesty, and on narrowing societal inequality through the implementation of a wealth tax.

Last month, Herron submitted written questions to President Cyril Ramaphosa, asking why the regulations had not been updated for 19 years and the surplus funds have not been spent.

Herron further sought the President’s assurance that the Fund would be used to directly benefit victims of apartheid rather than being used to fund symbolic projects and/or finding its way into the pockets of service providers.

The President responded that the Fund continued to provide support for the educational needs of designated victims (identified by the TRC), and assists families with the exhumation and reburial of deceased victims.

The President’s Fund was also intended to support rehabilitation of communities which suffered and are still in distress. A Community Rehabilitation Project Team was established in 2017 to coordinate and fast track the implementation of revised community rehabilitation measures in identified communities.

Engagements with some of the affected communities and relevant civil society organisations have been initiated to identify and conceptualise projects that can contribute to community rehabilitation.

Through this work, the President’s Fund would be able to use available funds to continue to fulfil its mandate of attending to the needs of victims designated by the TRC and assisting with the rehabilitation of communities that have suffered and are still in distress, the President said.

“With many designated victims having died since the Fund’s establishment, the President’s lack of urgency is arguably the most notable feature of his reply,” Herron said.

Issued by Brett Herron, Secretary-General & Member of Parliament, GOOD, 12 October 2022