In December 2005, South Africa's National Prosecuting Authority (NPA) promulgated a controversial policy on the prosecution of apartheid-era crimes, sparking renewed debate about such prosecutions and their role in the transition to democracy since 1994. The book presents a diverse collection of perspectives on prosecutions in South Africa, including a foreword by playwright and actor John Kani. Other reflections from former Truth and Reconciliation Commission (TRC) commissioners, survivors of apartheid, civil society members, and government officials outline the serious questions facing South Africa as it deals with prosecutions today. The book traces the history of the prosecutions in South Africa including their relationship to the TRC and a recent legal challenge that asserts the NPA policy is an unconstitutional re-run of the TRC amnesty process. The book concludes with hypothetical future scenarios intended to stimulate dialogue, as well as creative and critical thinking, about how South Africans might chart a course forward on the question of prosecutions.
Tyler Giannini is Lecturer on Law and Clinical Director of the Human Rights Program. Susan Farbstein is External Clinical Supervisor of the Human Rights Program. Samantha Bent and Miles Jackson are Researchers in the International Human Rights Clinic, all at Harvard Law School. John Kani is a South African actor, director, and playwright.