TRC Final Report

Volume 5

Chapter 8

Subsection 32

■ DESTRUCTION OF DOCUMENTS

105 Measures must be implemented to prevent the destruction of records which form part of our history, however unpleasant. Particularly cynical is the deliberate destruction of records which may incriminate individuals or groups in power. To prevent such destruction, appropriate legal powers must be given to the state’s public archives service. The Archives Act provides the necessary legislative framework, but requires rigorous implementation.

Legislation

106 The Commission thus recommends that:

THE GOVERNMENT ENSURE THAT FUTURE PROVINCIAL ARCHIVAL LEGISLATION EMBODIES THE FEATURES OF THE NATIONAL ACT.

THE GOVERNMENT PROVIDE THE NATIONAL ARCHIVES WITH THE RESOURCES IT REQUIRES TO IMPLEMENT THE ACT. THE POWER TO INSPECT GOVERNMENTAL BODIES, FOR INSTANCE, IS RENDERED MEANINGLESS IF THE RESOURCES TO EXERCISE THIS RIGHT ARE NOT MADE AVAILABLE.

THE GOVERNMENT TAKE STEPS TO ENSURE THAT THE NATIONAL ARCHIVES FUNCTIONS AS THE AUDITOR OF GOVERNMENT RECORD-KEEPING. THIS REQUIRES THAT THE NATIONAL ARCHIVES BECOMES AN INDEPENDENT AGENCY, RATHER THAN REMAINING A SUB-COMPONENT OF A SINGLE GOVERNMENT DEPARTMENT (PRESENTLY THE DEPARTMENT OF ARTS AND CULTURE, SCIENCE AND TECHNOLOGY). CONSIDERATION SHOULD BE GIVEN TO CREATING A NATIONAL ARCHIVES UNIT IN THE OFFICE OF THE PRESIDENT OR DEPUTY PRESIDENT.

THE SECURITY ESTABLISHMENT NOT BE ALLOWED TO BYPASS THE OPERATION OF THE ACT. WHILE A SPECIAL STATUS APPROPRIATE TO THE SENSITIVITY OF ITS RECORDS WOULD BE LEGITIMATE, IT SHOULD REMAIN FULLY SUBJECT TO THE PROFESSIONAL SUPERVISION OF THE NATIONAL ARCHIVES.

Implementation of legislation

107 The Commission recommends that:

THE MINISTRY OF SAFETY AND SECURITY TRANSFER ALL SURVIVING SECURITY BRANCH RECORDS TO THE NATIONAL ARCHIVES.

THE NATIONAL INTELLIGENCE AGENCY AND SOUTH AFRICAN SECRET SERVICE TAKE APPROPRIATE STEPS TO FINALISE THE SECURING OF ALL DOCUMENTATION PRE-DATING 1995 IN THEIR CUSTODY, AND THAT SUCH DOCUMENTATION BE SUBJECTED TO APPRAISAL BY THE NATIONAL ARCHIVES.

NO STATE RECORDS PERTAINING TO HUMAN RIGHTS ABUSES BE DESTROYED WITHOUT THE EXPRESS APPROVAL OF THE NATIONAL ARCHIVIST, EVEN IF OTHER DISPOSAL AUTHORITIES AUTHORISE SUCH ACTION.

THE SANDF COMPILE A COMPREHENSIVE INVENTORY OF ALL NATIONAL SECURITY MANAGEMENT SYSTEM (NSMS) RECORDS IN ITS CUSTODY, FOR SUBMISSION TO THE NATIONAL ARCHIVIST.

THE SOUTH AFRICAN GOVERNMENT ACKNOWLEDGE THAT, IN TERMS OF INTERNATIONALLY RECOGNISED ARCHIVAL PRINCIPLES, THE EXTANT RECORDS OF THE SOUTH WEST AFRICA TERRITORY FORCE (CURRENTLY IN THE SANDF ARCHIVES) PROPERLY BELONG IN NAMIBIA AND MUST BE RETURNED TO THE NAMIBIAN GOVERNMENT. (IT MUST BE NOTED THAT SUCH AN AGREEMENT COVERING EQUIVALENT CIVILIAN RECORDS IS ALREADY IN PLACE.)

THE TRANSFER TO THE NATIONAL ARCHIVES OF DOCUMENTATION ON THE SECURITY LEGISLATION DIRECTORATE OF THE DEPARTMENT OF JUSTICE, SECURITY DETAINEES, POLITICAL PRISONERS AND PRISONERS SENTENCED TO DEATH BE NEGOTIATED BETWEEN THE NATIONAL ARCHIVES AND THE APPROPRIATE MINISTRIES.

THE SECURITY ESTABLISHMENT MAKE EVERY ATTEMPT TO LOCATE AND RETRIEVE DOCUMENTS REMOVED WITHOUT AUTHORISATION BY OPERATIVES OF APARTHEID SECURITY STRUCTURES.

THE NATIONAL ARCHIVES BE ENABLED TO FILL THE GAPS IN OFFICIAL MEMORY, THROUGH THE COLLECTION OF NON-PUBLIC RECORDS AND THE PROMOTION OF ORAL HISTORY PROJECTS (IN TERMS OF SECTION 3(D) OF THE ARCHIVES ACT).

THE NATIONAL ARCHIVES BE GIVEN THE NECESSARY RESOURCES TO TAKE TRANSFER OF, PROCESS PROFESSIONALLY AND MAKE AVAILABLE TO THE PUBLIC, THE RECORDS OF THE COMMISSION (WHICH IN THEMSELVES FILL MANY GAPS IN SOUTH AFRICA'S SOCIAL MEMORY).

108 Responsibility for developing and implementing these recommendations, and for monitoring their implementation, rests primarily with:

a The Department of Arts and Culture, Science and Technology;

b The Department of Justice;

c The Department of Defence, particularly the SANDF; d The National Intelligence Agency;

e The Department of Safety and Security, particularly the SAPS;

f The Department of Foreign Affairs.