HOME Event The Legal Committee for Review of Post-2007 Legislation Organises a Brainstorming Session on Transitional Justice in South Africa

The Legal Committee for Review of Post-2007 Legislation Organises a Brainstorming Session on Transitional Justice in South Africa

Monday, 5 January 2015 The Legal Committee for Review of Post-2007 Legislation held a brainstorming session on the South African experience and implementation of transitional justice. The session brought together international expert Maya Swart and members on the Legal Committee

for Review of Post-2007 Legislation and High National Committee on Development of the Palestinian Government’s Legislative Plan.

In his opening remarks, Advisor Fawwaz Abu Zir, Committee Chairman and Assistant to Secretary General of the Council of Ministers for Legal Affairs, highlighted the South African experience in transitional justice, providing a comparison to the legislative context and consequent legal positions in the Palestinian territory. Maya Swart reviewed the historical background and social, political and economic transformations created by the apartheid regime in South Africa. Swart described transitional justice mechanisms South Africa applied after national reconciliation had materialised. In addition to highlighting fundamental human rights, the Charter of Rights provided guiding principles for drafting of the South African Constitution. In this vein, a number of regulations that involved flagrant discriminatory references were repealed. Swart also presented on property rights and compensations paid to persons whose rights were violated in South Africa.

In the ensuing discussion, participants elaborated on mechanisms implemented by South Africa to process legislation after the national reconciliation effort was maintained. Besides property rights and encroachments on human rights, discussants focused on criteria South Africa applied to review legislative processes.
Chaired by the Assistant to Secretary General of the Council of Ministers for Legal Affairs, members on the Legal Committee for Review of Post-2007 Legislation include representatives of the Ministry of Justice, President’s Office, Ministry of Social Affairs, and Institute of Law at Birzeit University.