Church of England in South Africa Church of the Province of South Africa Dharma Center. Ramakrishna Institute of Spirituality and Hinduism Reformed Presbyterian Church of South Africa Research Institute on Christianity in South Africa South African Council of Churches.
Institutional Hearing
Business and Labour
INTRODUCTION
CULPABILITY, COLLABORATION AND INVOLVEMENT
Apartheid's labor laws, passed laws, forced layoffs and the free labor system were all to the advantage of the business community. 36 In contrast to the above analysis, this chapter (which deals exclusively with the private sector) explores some of the moral issues raised in the submissions on the role of business under apartheid.
COSTS AND BENEFITS OF APARTHEID
66 The Anglo-American Corporation submission was an improvement over the Chamber of Mines. On the one hand, the migrant labor system worked to the mining industry's decided advantage.
COULD BUSINESS HAVE DONE MORE?
128 The AAM Archives submission reported that international firms received several of the 25,000 contracts distributed by ARMSCOR to the private sector. 135 Nevertheless, in 1986/87 fifty-five of the 297 British firms in South Africa closed, and nineteen reduced their stake in the country.
THE WAY FORWARD
For apartheid's creditors, agreeing to the cancellation of their share of the apartheid debt would allow them to enter the process of truth and reconciliation. This would greatly limit any subsequent attempts at redistribution by the state.
FINDINGS ARISING OUT OF BUSINESS SECTOR HEARINGS
The Faith Community
The Reformed Church considered the invitation, but decided not to participate - although four theologians of this church (dss Alwyn du Plessis, Bennie van der Walt, Amie van Wyk and Ponti Venter) have come forward in a personal capacity. 6 The Chief Rabbi and the Hindu Maha Sabha sent comments and testified at the hearings, as did the Baha'i Faith.
FAITH COMMUNITIES IN SOUTH AFRICA
These include the Church of the Province (Anglicans), the Methodist Church of Southern Africa (Methodists), the Presbyterian Church of Southern Africa (Presbyterians) and the United Congregational Church of Southern Africa (United Congregationals). The rise of the Muslim Youth Movement (MYM) of South Africa, the Pan Africanist Congress (PAC)-aligned Qibla and the United Democratic Front (UDF)-aligned Call of Islam created a stronger social and political consciousness among Muslims (and within the MJC).
FAITH COMMUNITIES AS AGENTS OF OPPRESSION
32 The complicity of the NG Church in the policy of apartheid went beyond simple approval and legitimation. The same contradictions that prevail in society are present and are often reflected in the teaching and life of the church. 8.
FAITH COMMUNITIES AS VICTIMS OF OPPRESSION
From the time of the colonists' arrival in the seventeenth century, other faiths were barely tolerated. 75 The religious values of the Baha'i faith exclude opposition to governments, a position contested by other faiths.
FAITH COMMUNITIES AS OPPONENTS OF OPPRESSION
91 Disagreements within the ranks of the Dutch Reformed Church regarding its support for the government were expressed primarily in the 'Ope Brief' (open letter). The fact that they ran into the country only emphasized that the country's policy was wrong.
FAITH COMMUNITIES AND SOUTH AFRICA’S TRANSITION
118 The period from 1984 to 1994 was a rich collaboration across the boundaries of religious tradition around common resistance to apartheid. It was certainly a bridge to their statements at the hearings, where they committed themselves to active involvement in the transformation of the country after apartheid.
FINDINGS ARISING OUT OF FAITH COMMUNITIES HEARINGS
123 Missionary and colonial initiatives that undermined African culture and traditional religions – a practice still perpetuated in many circles today – require careful reassessment by all religious communities. Religious communities must share the responsibility for the undermining of cultural and religious identity, not least among many urbanized African youth.
The Legal Community
It is not the purpose of the trial to establish guilt or hold individuals accountable;. We call on all judges, both serving and retired, to offer their views as part of the process moving forward.
SUMMARY OF THE SUBMISSIONS
The practitioners and teachers of the legal profession, it was said, had willingly acquiesced in apartheid's undermining of whatever sense of justice hitherto had been part of the common law and legal system. 19 As a result, it was claimed, the basic structure of the justice system had been undermined and rotten by injustice.
ASSUMPTIONS
Such limits are largely determined by the judicial oath of office and the doctrine of separation of powers. There must be substance in the concept of judicial independence, otherwise the courts will be perceived as mere obedient servants of the other branches of government.
FINDINGS
In this way, reference was often made to the position of the judiciary in other parts of the British Commonwealth and Britain itself. 46 The Commission finds that an appearance before the Commission in such special circumstances would have shown accountability and would not have compromised the independence of the judiciary.
The Health Sector
ETHICS FOR HEALTH PROFESSIONALS International ethical codes
Therefore, there was no uniform way of raising awareness among healthcare professionals or providing guidance on the integration of medical ethics and human rights issues into daily practice. Ethics and human rights must be integrated into the general curriculum to ensure that these principles govern the activities of health professionals.
HEALTH WORKERS WITH DUAL OBLIGATIONS
15 These circumstances were aggravated by the fact that most of the district surgeons were white, while most of the arrested were black. None of them took responsibility for the shortcomings of the system in which these doctors operated.
HISTORICAL OVERVIEW OF HEALTH CARE IN SOUTH AFRICA
More than half of them (about 1,100) practiced in urban areas, where only 28.2 percent of the population lived. In fact, the effective rejection of the Gluckman Commission's recommendations took place before the NP was voted into power.
STATE HEALTH ORGANISATIONS The Department of Health 15
The SAMS submission to the Commission focused on the history, functions and administrative structure of the agency, rather than considering possible involvement in gross human rights abuses. The head of the psychiatry department promised to give his report to the surgeon general, but did not.
MISUSE OF MEDICAL AND SCIENTIFIC INFORMATION 25
The police version of events was that Kriel produced a small .22 handgun during the arrest. However, the size and nature of the holes in the clothing he was wearing at the time (a T-shirt and tracksuit) were inconsistent with any contact.
MEDICAL SCHOOLS
Dr Solly Rataemane's personal experiences of postgraduate training at the University of the Witwatersrand. 67 None of the health science faculties made the teaching of ethics and human rights a priority.
THE ROLE OF THE NURSING PROFESSION
Thus, the role of nurses in preventing and reporting abuse could have been absolutely crucial, as they could have brought cases to the attention of the relevant authorities and the general public. As nurses, we were instructed not to interfere with the work of the security service.
THE ROLE OF MENTAL HEALTH PROFESSIONALS
86 Abuse of diagnostic tools by mental health professionals in collaboration with the state should be considered a violation of human rights. 92 Most of the deponents who came from rural communities complained that they did not have access to mental health services.
THE ALLIED HEALTH PROFESSIONALS
Undoubtedly, like doctors and nurses with dual duties, mental health professionals in these settings were vulnerable.
PROFESSIONAL HEALTH ORGANISATIONS
There was no attempt by SANC to empower members of disadvantaged communities. 128 This was in direct conflict with the constitution of the World Federation for Mental Health (of which the National Council for Mental Health was a member).
RESISTANCE TO ABUSES
Most of the doctors signed the apology, which was later published in SAMJ, because they felt that they could face personal victimization if they did not do so. One of the six doctors, dr. Beverly Traub, took the case to the Supreme Court and was later reinstated.
CONCLUSION (IN THE WORDS OF OTHERS)
South Africa is politically free; however, our people must be healed spiritually, mentally and physically if we are to create the society and country we all desire.
FINDINGS ARISING OUT OF HEALTH SECTOR HEARINGS
143 The previous government, specifically the Ministry of Health, did not provide adequate health care to black South Africans. 147 The South African Defense Force (SADF) South African Medical Service (SAMS) failed to provide adequate mental health support to SADF members, particularly conscripts who had been exposed to violence.
APPENDIX 1: THE HIPPOCRATIC OATH 51
APPENDIX 2: THE DECLARATION OF GENEVA 52
APPENDIX 3: THE DECLARATION OF TOKYO PreamblePreamble
APPENDIX 4: DEPARTMENT OF SOCIAL WELFARE AND PENSIONS CIRCULAR
It is intended that non-white welfare organizations for various racial groups should exist and develop alongside White organizations. Channels will be provided not only for the exchange of views, but also for bringing to the attention of non-white organizations any information that has come to light at meetings of the White body.
The Media
7 It soon became clear that, due to budget and time constraints, it would not be possible to cover all aspects of the media sector. 8 The media hearings took place on 15-17 September 1997 at the SABC offices, Johannesburg.
LEGAL AND ETHICAL BACKGROUND
At the same time, special interviews were arranged with some of the state operatives mentioned in the documents to discuss their role in apartheid. 13 In contrast to the press, public broadcasting under the guise of the SABC was regulated by the Broadcasting Act of 1976.
THE BROADCAST MEDIA
He said that the SABC acted not only as the propaganda arm of the NP, but of successive NP administrations. 25 The most telling confirmation of the SABC's role under apartheid came from an unexpected source.
THE PRINT MEDIA The English-language press
Citing banned persons was illegal in terms of the Internal Security Act (of 1982 as amended). They recognized the important role of the Commission and expressed their disappointment with Naspers' decision not to appear.
THE MISUSE OF THE MEDIA BY AND COLLABORATION WITH THE STATE
85 Jolyon Nuttall, a former president of the NPU, who gave evidence at the hearing, served on the Liaison Committees. On both occasions the Press Council sided with the government and prosecuted the newspaper.
CONCLUSION
109 The trial underlined that the relationship between the government, the state and the media is still problematic. Can the media under apartheid be held responsible for the violation of gross human rights.
FINDINGS ARISING OUT OF MEDIA SECTOR HEARINGS
Evidence also suggests that the closure of the Rand Daily Mail occurred as a result of management succumbing to pressure from the government. 115 The African media (at least until the last months of PW Botha's tenure as President of the State) chose to provide direct support for apartheid and the activities of the security forces – many of which led directly to gross human rights violations.
APPENDIX 1
ADDITIONAL CONCERNS
APPENDIX 2
MEDIA UNIONS AND ASSOCIATIONS The South African Union of Journalists (SAUJ)
ADJ's lifespan was short, mainly because there were already two strong media associations - SAUJ and MWASA - already active. 9 FBJ was formed in 1997 by black journalists and is only open to black journalists.
APPENDIX 3
NEWSPAPER PRESS UNION — CHRONOLOGY 3
10 In January 1967, the Minister of Defense and the President of the NPU entered into a controversial agreement, supposedly to ensure regular contact between the NPU and the SAW and ARMSCOR. 20 Leading representatives of the Afrikaans press asked in their representations to the Steyn Commission for fewer and not more restrictions on the press.
