V: TRC FRAUD: CRIME OF APARTHEID WAS FALSIFICATION OF SA HISTORY ―The commission also said that there could be no healing without truth, that half-truths and denial were no basis for building the new South Africa, that reconciliation based on falsehood would not last, and that selective recollection of past violence would easily provide the mobilisation for further conflict in the future. If these are its criteria for the role of truth in promoting reconciliation, it has failed to meet them.‖ -- John Kane-Berman, The Truth About the Truth Commission
A. TRC Social Contract Maintains Legal Oppression by Avoiding Key Definitions 115.
Conflict of Laws Definitions: Fundamental Concepts Not Defined: The TRC, perhaps intentionally?216, ignored the importance of providing clear definitions: In the TRC Report they repeatedly accuse the Apartheid government of maintaining its alleged legal oppressive regime, by means of definitions that are vague and ambiguous217. Yet the TRC Social Contract Acts proceed to provide NO definition whatsoever for ‗ubuntu‘, ‗closure‘, ‗reconciliation‘ and ‗national unity‘: which are socially, culturally, religiously, psychologically, and racially important terms; which have multiple different meanings for different cultures, religions, etc.
116.
This circumvents the European Court of Human Rights principle that rule of law requires that provisions of legislation must be adequately accessible and sufficiently precise to enable people to regulate their affairs in accordance with the law.218 In a country which claims to practice legal multi-culturalism, the importance of legal clarity of cultural definitions is even more important for cultures to regulate their affairs in accordance with the law. Whose concept of ‗Forgiveness‘ and ‗Reconciliation were being practiced by the TRC: Black Liberation Theology; or Calvinist Christian?
B. Black Liberation Theology v. Calvinist Christian Concepts of Reconciliation ―The goal of black theology is the destruction of everything white, so that blacks can be liberated from alien gods.‖ -- James H. Cone, A Black Theology of Liberation (p.62)
216
SALC Project 90: Report on Conflicts of Law, September 1999, p.22 ―1.57: Blending two very different legal systems in a synthetic code is an immense undertaking, however, which has been accomplished in very few African countries …. and then largely at the expense of customary law. At a social level, it may be questioned whether everyone in the country either wants or is prepared for a single law. Are the pe oples of South Africa willing to compromise their cultural traditions in a homogenized legal system? In any event, it must be appreciated that, for the immediate future at least, social and legal differences will remain, and, if that is the case, the conflict of laws will have an important role to play in selecting appropriate laws in particular cases.‖ 217 Truth and Reconciliation Report: Vol I. page 30; para 26; 27 ; page 32 para 32; page 38, para 59; Vol II; page 274, para 453 218 The European Court of Human Rights has held that the rule of law requires that provisions of legislation must be adequately accessible and sufficiently precise to enable people to regulate their affairs in accordance with the law.‖ Lithgow & others v. United Kingdom (1986) * EHRR 329 § 110: ―As regards the phrase "subject to the conditions provided for by law", it requires in the first place the existence of and compliance with adequately accessible and sufficiently precise domestic legal provisions (see, amongst other authorities, the Malone judgment of 2 August 1984, Series A no. 82, pp. 31-33, paras. 66-68). ―
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