TRC Final Report

Volume 1

Chapter 11

Part OtherDepts

Subsection 12

Management and Operational Reports

LEGAL DEPARTMENT

■ INTRODUCTION

1 The Legal Department had the following functions:

a overall responsibility on a national level for all legal matters regarding the Commission;

b drafting legal opinions and advice for all the Commission’s committees and its Investigation Unit;

c reviewing all legal documents and contracts and drafting contracts between the Commission and other interested parties;

d preparing legal matters and instructing the State Attorney in these matters;

e liasing with state attorneys and advocates with regard to legal actions brought by and against the Commission;

f leading evidence at section 29 hearings;

g handling legal aspects of human resources up to and including representing the Commission at the Commission for Conciliation, Mediation and Arbitration at the Labour Court;

h responding to all legal enquiries from legal representatives of witnesses and amnesty applicants involved in the Commission’s legal processes;

i liasing with the Department of Justice and with Parliament’s portfolio and select committees on justice regarding proposed amendments to the Promotion of National Unity and Reconciliation Act (the Act);

j drafting and settling responses to complaints to the Public Protector;

k co-ordinating the provision of legal aid, as required by section 34 of the Act, through the Legal Aid Board;

l monitoring criminal prosecutions based on charges laid by the Commission.

■ STAFFING

2 Although the Commission initially budgeted for one national legal officer and four regional legal officers, it was decided early on not to employ regional officers. A regional legal officer was appointed to the East London office in June 1996, but was transferred first to the national office in December 1996 and then to the Amnesty Committee in January 1998, where he served as an evidence leader until replaced by another attorney. The Legal Department, then, consisted of the national legal officer, an additional legal officer and a senior secretary.