Pardon?

Today the Pretoria High Court granted an interim interdict preventing our acting president from pardoning over 100 prisoners. The original idea was that, in the spirit of the TRC, people who had been imprisoned for 'political crimes' could apply and be pardoned if the president (and a few others...) considered them worthy. Those who had already been denied amnesty by the TRC could not apply. So from the perpatrators side, it would be those who had not applied to the TRC and yet considered themselves worthy of an application for freedom. Given that many of the apartheid arrests were highly suspect and politically motivated this seemed like a fair idea, or at least one that is worthy of negotiation.

More suspect though is the way this all happens. Perhaps in Mbeki's quick departure from the presidency he managed to take his list of how it should all work out fairly with him in his pocket. Otherwise, I'm not sure if there really was ever a plan. It was supposed to be done in the spirit of the TRC. For those of you not familiar with the process don't expect to learn anything from this one.

The TRC encouraged both victims (survivors) and agents of apartheid violence to come forward, talk through the crime and the effects of it and reach a decision, with various parties, about what the next step would be. But most importantly, it was out in the open, names were heard and faces were seen. The hearings were public, and this publicity was part of the healing process.

It was not a case of blanket freedom for all, some cases of application for amnesty were rejected. In fact, of the over 6000 who applied, only around 850 were successful. The commission emphasized reconciliation and the revalation of 'truths', and 11 years after it handed in its report it is not clear whether the present government's incentives for these particular pardons are similar or discordant.

So what is different this time around?

What seems to be the top of the list for most critics is the unwillingness of the reference group (created by Thabo Mbeki) to reveal the names of those who have applied for pardon. It is not the secrecy of the individuals applying that is resented; rather it is the inability of the victims/survivors of their crimes to have their say or their suffering acknowledged. Current president Motlanthe verbally suggested that each victim/survivor would have the opportunity to have their say. It is not clear how else the import of the convincted criminals crime can be established. How can someone pardon you, when they are not aware (other than the legal documents they have been provided with) what you are asking forgiveness for? More troubling for me is that perhaps these criminals have not asked for forgiveness at all. This process will ensure that they never have to do that.

Who are these new criminals who did not apply for amnesty? What politically based crimes have they committed since the end of apartheid? If a crime is politically motivated, does it make it less criminal? What truths will be revealed by keeping their identities secret? How will this breed reconciliation?

I struggle with the idea of forgiving someone who has not asked for forgiveness. How does one forgive without an apology? Perhaps there is the idea that one can 'see the bigger picture' or 'be the bigger person', but in all this bigness the acknowledgement that something was done that caused harm is lost. So perhaps the idea is to forgive, but not to forget. Are we supposed to remember that something went horribly wrong, to acknowledge social factors in the creation of a criminal and then to focus on reintroducing, relearning, and reintegration?

Or is it still important to look at choices? The choice to commit a crime. The choice to avoid saying 'I'm sorry'.