TRC Final Report

Volume 5

Chapter 5

Subsection 8

■ INDIVIDUAL REPARATION GRANTS

67 In acknowledgement of victim’s rights to reparation, it is recommended that final reparation involve an amount of money, called an individual reparation grant, to be made available to each victim (if he/she is alive) or equally divided amongst relatives and/or dependants who have applied for reparation (as defined above) if the victim is dead. The amount of the grant will be based on the formula outlined below. The formula is based on three components, namely an amount to acknowledge the suffering caused by the gross violation that took place, an amount to enable access to services and facilities and an amount to subsidise daily living costs, based on socio-economic circumstances.

Rationale

68 The individual reparation grant is an acknowledgement of a person’s suffering due to his/her experience of a gross human rights violation. It is based on the fact that survivors of human rights violations have a right to reparation and rehabilitation. The individual reparation grant provides resources to victims in an effort to restore their dignity. It will be accompanied by information and advice in order to allow the recipient to make the best possible use of these resources. Thirty-eight per cent of the Commission’s deponents requested financial assistance to improve the quality of their lives. In addition, over 90 per cent of deponents asked for a range of services which can be purchased if money is made available – for example, education, medical care, housing and so on.

Formula for calculating Interim Reparation Grants¹¹

69 The monetary package is based on a benchmark amount of R21 700, which was the median annual household income in South Africa in 1997. The Reparation and Rehabilitation Committee believes that this is an appropriate amount to achieve the aims of the individual reparation grant – that is to enable access to services and to assist in establishing a dignified way of life. The poverty line of R15 600 per annum was rejected as a benchmark, as this would be condemning victims to a life of near poverty, rather than one of minimum dignity.

70 The actual amount that each victim receives will be based on an easily administered formula, which differentiates according to three criteria:

a an acknowledgement of the suffering caused by the violation (#1);

b an amount to facilitate access to services. Because services are less accessible in rural areas, those living in rural communities will receive a premium in this part of the grant. The difference is based on the assumption that accessing services in rural areas is 30 per cent more expensive than in urban areas (#2)¹²;

c an amount to subsidise daily living costs. This will be differentiated according to numbers of dependants and/or relatives, which will be capped at nine. In addition, because the cost of living is higher in urban areas, people living in urban areas will be favoured in this portion of the grant. The difference is based on the assumption that the cost of living in urban areas is 15 per cent higher than in urban areas (#3).

71 Each portion of the formula is given a weighting or ranking as follows:

#1= 50%, #2 = 25%, #3=25% of total Interim Reparations grant.

72 The actual variation in amounts payable according to the formula and differentiation criteria is shown in the table.

73 Using the proposed projections, no individual will receive more than R23 023 per annum (the maximum individual reparation grant). This maximum amount would apply to an individual, living in a rural area, who has nine or more dependants.

74 The annual individual reparation grant should be calculated for each beneficiary and paid as 50 per cent of the total every six months. The annual payments will continue for a period of six years.

Administration/President’s Fund

75 The grant will be funded and administered by the President’s Fund. The President’s Fund will accrue resources through allocations from the national fiscus, international and local donations and earned interest on the funds. Based on the given policy and formula, and estimating 22 000 victims, the total cost of this policy will be R477 400 000 per annum or R2 864 400 000 over six years. The figure of 22 000 victims is based on the Commission’s Human Rights Violations Statement as the only point of entry.

76 It is recommended that the President’s Fund functions on an interdepartmental or interdisciplinary basis as a dual structure with:

a an administrative capacity to disburse the money which has been allocated;

b a multi-disciplinary Reparation Panel to assess application forms and to advise appropriately. While the Commission is still in existence, members of the Reparation and Rehabilitation Committee may sit on this panel.

■ REPARATION PAYMENT SCHEDULE (PER ANNUM PER VICTIM)