World-renowned former South African Judge Richard Goldstone came to UBC on October 6 to discuss the progress of post-apartheid reconciliation.
As a firm opponent of apartheid, Goldstone worked in the South African Transvaal Supreme Court and then the Supreme Court of South Africa from 1990 to 1994. His rulings are often credited as steps toward less racial segregation. For example, he helped dismantle the Group Works Act, which barred non-whites from living in white-only areas.
Goldstone went on to form the Goldstone Commission for investigating political violence in the nation — an initiative that helped bring about negotiations between opposing political groups in South Africa.
The eventual developments of a democratic election and a Bill of Rights were widely celebrated in South Africa, but as Goldstone notes that there was also the looming issue of “what to do about the past?”
The answer was a Truth and Reconciliation Committee, a restorative justice initiative which was established to give victims the chance to recount the atrocities they had suffered and to recommend reparations be paid to victims.
In order to receive amnesty, applicants had to give a full confession of their crimes. If they didn’t, they could face criminal responsibility. These hearings would be broadcasted throughout the country by TV and radio on Sunday nights, eventually becoming “the most popular program on television during that period.”
However he was disappointed that the cases heard in the TRC were only examples of “gross apartheid,” whereas more frequent examples of “petty apartheid” were ignored.
In Goldstone’s view, the TRC’s greatest failure was in the area of reparations.
“The government was unfriendly to the idea of having to pay off millions of dollars to the victims of apartheid,” he said. According to Goldstone, “This is always a difficulty for a successor government” because they don’t feel obligated to pay for the mistakes of past governments.
He praised Chilean President Patricio Aylwin, who believed “that governments are responsible for the deeds and misdeeds of previous administrations.”
In terms of whether reconciliation has succeeded, Goldstone’s assessment is mixed. Although he states that South Africa still suffers from a history of discrimination and criminal violence has become a major problem, Goldstone also believes that it’s a very different and ultimately better place than what it was during apartheid.
“There’s a joy of living in post-apartheid South Africa that has to be experienced to be understood,” said Goldstone.
After his lecture, Goldstone entered a question-and-answer session with the audience, discussing issues such as the crippling problem of corruption, education and how to teach children about apartheid.
Perhaps the most interesting question of the night happened to be an election-related one, with an audience member asking, “If we wish to have a reconciliation with First Nations, do we have in Canada charismatic leaders who can do it?”
In response he said, “Whether Canada has any leaders who can move on the work of your Truth and Reconciliation Commission is for you to decide.”
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