TRC Final Report

Volume 1

Chapter 6

Subsection 9

■ INVESTIGATIONS

42 Section 28 of the Act provided for the establishment of an investigation unit to be headed by a commissioner. The work of the Investigation Unit clearly illustrates the general comment made above: it is difficult to develop a clear modus operandi in a context where an institution is constantly changing and evolving in response to both internal and external developments. The structure and functioning of the Investigation Unit altered as the institutional priorities of the Commission changed.

43 The initial focus of the Commission’s work was the holding of a large number of hearings in many locations throughout the country. At this stage, the task of the Investigation Unit was to assist in the verification of statements provided by victims who were to testify at hearings. The Unit also engaged in a range of logistic activities associated with the hearings, such as locating and transporting witnesses. In addition, it assisted in gathering evidence and preparing questions for event, institutional and political party hearings.

44 From the beginning of the hearings process, it was apparent that the number of victims who would give statements to the Commission would be far greater than the number of victims who would actually testify. There was, as has been mentioned, recognition by the Commission that all statements received from victims, regardless of whether or not they testified, would need to be corroborated in order for findings to be made. After the first year of operation, given the large number of statements being taken, the Investigation Unit’s responsibilities became more focused on the task of verifying and corroborating statements.

45 Finally, in the last quarter of the Commission’s life, it became evident that the Amnesty Committee would require considerable investigative support in order to deal with the large number of people who had applied for amnesty. Again, the Investigation Unit was required to shift resources to meet this institutional need. The shifting priorities of the Commission and their impact on its methodology are discussed in greater detail in the analysis section of this chapter.

46 In addition to assisting with hearings, undertaking corroborative work and supporting the work of the Amnesty Committee, the Investigation Unit had other functions to perform. One of these was to embark on proactive investigations into a range of strategic areas relating to the mandate of the Commission. These investigations focused on various themes, patterns and trends relating to human rights abuse that occurred during the mandate period. The results of these investigations were the subject of ongoing discussions and interaction with the Research Department. A specialised ‘analysis function’ was established within the Investigation Unit in order to assist these strategic investigations.

47 A further function of the Investigation Unit was to convene and undertake the necessary preparatory work for enquiries held in terms of section 29 of the Act. The primary purpose of these hearings was to question persons who may have had information relevant to the investigations and work of the Commission. In addition to section 29 hearings involving a range of individuals, hearings also focused, inter alia, on the following enquiries:

a Vlakplaas

b Witdoek violence in KTC

c Civil Co-operation Bureau (CCB)

d Security Police in KwaZulu and Natal

e Mandela United Football Club

f Chemical and biological warfare