Suspended sentences for apartheid criminals Adriaan Vlok and his co-accused are just not good enough. But then neither was the decision of the National Prosecuting Authority (NPA) to select a privileged “good” and understanding survivor in the form of Rev Frank Chikane as the test case for the NPA’s prosecutions policy, amended without public debate in 2005.
This policy creates a “back-door amnesty” (virtually a back-door indemnity) for apartheid criminals without full disclosure and without any of the safeguards contained in the Truth and Reconciliation Commission (TRC). It strikes at the very heart of an increasingly fragile reconciliation, perpetuates a culture of impunity and destroys the remaining credibility of the TRC process.
The Khulumani Support Group rejects the inappropriate sentencing of Vlok and his co-accused. The second more serious charge of conspiracy to widespread murder was dropped as part of the plea bargain.
The actual sentence probably matters little to Rev Chikane, comfortably ensconced in the Presidency. Compared to many thousands of less privileged, non-high-profile victims and survivors of apartheid crimes, who live daily with the consequences of torture, murder of loved ones, unresolved disappearances of family members and wounding from attempted assassination, it is perhaps easier for Chikane to forgive his would-be assassins.
The statement by Vlok and his co-accused following their sentencing that the solution to solving apartheid crimes is “appallingly uncomplicated”, is appallingly callous.
Khulumani and others have lodged a legal challenge to the amended prosecutions guidelines that the government is opposing. The Vlok case went ahead in spite of this. It is time the direct and indirect victims and survivors of apartheid crimes, and apartheid-related socioeconomic neglect, were reincorporated into the reconciliation agenda of South Africa. Another artificial demarcation has been created.
Perpetrators of apartheid crimes should make appropriate redress to victims and their families. Meaningless suspended sentences serve no purpose in advancing substantive reconciliation for all South Africans. Justice should not only be done, but seen to be done. A culture of impunity can only be reversed when those who shunned the generous TRC process are charged using the “bold prosecution policy” recommended by the TRC. The parallel rehabilitation of and redress to victims and survivors is essential.
Marjorie Jobson is acting director and Tshepo Madlingozi advocacy coordinator of the Khulumani Support Group