In September 1991 the National Party government of FW De Klerk signed a National Peace Accord with liberation movement organisations and political parties, including the two largest, the African National Congress and Inkatha Freedom Party. This was as a direct result of the escalation of public violence throughout South Africa in the late 1980s and early 1990s. The three structures of that initiative have been the National Peace Committee, the National Peace Secretariat and the creation of a commission to investigate violence in South Africa, to be chaired by someone acceptable to all 19 parties.

The Commission of Inquiry Regarding the Prevention of Public Violence and Intimidation, under the chairmanship of Justice Richard Goldstone, was appointed by former President FW de Klerk on 24 October 1991, in terms of The Prevention of Public Violence and Intimidation Act No. 139 of 1991, to investigate incidents of public violence and intimidation in South Africa prior to the 1994 general election.

Members of the Goldstone Commission: Mr Justice Richard Goldstone (Chairman), Adv. Danie Rossouw, SC (Vice-Chairman), Adv. Solly Sithole, Ms Lillian Baqwa, and Mr Gert Steyn. The commissioners were appointed for a statutory period of three years.

The Commission's mandate related to events which took place after 17 July 1991, the date of commencement of the statute which established the Commission. Only to the extent that prior events were relevant to post-July 1991 acts, was the Commission entitled to investigate them.

The objectives of the Commission were to inquire into the phenomenon of public violence and intimidation in the Republic, the nature and causes thereof, and what persons were involved therein; inquire into any steps that should be taken in order to prevent public violence and intimidation; and to make recommendations to the State President in respect of public violence or intimidation.

Investigation units

The first year of the Commission's activity was an uphill battle, because it had to rely on third party information and the submissions received from various parties, and its principal investigation team consisted solely of members of the South African Police force. With no reliable means at its disposable of investigating the multitude of violent incidents being reported to the Commission, the veil of secrecy surrounding the security forces remained intact. As a result, the Commission issued an interim report in April 1992 that concluded: "the Commission has received no evidence which would suggest that there is a third force."

The breakthrough came in October 1992, in a year marked by horrific massacres at Boipatong near Vereeniging, and Bisho, the capital of the Ciskei homeland, as well as mounting suspicions regarding the existence of a third force. Goldstone requested De Klerk's permission to set up independent investigation teams. Five investigation units were assembled, which included thirteen members of the SAP, five foreign police officers, and ten practicing attorneys. The units were deployed in Johannesburg, Cape Town, Port Elizabeth, Durban and East London.

The investigation units enabled the Commission to gather information more efficiently and quickly than it had previously been able to do. Before their establishment the Commission relied more on the submissions received from various parties. After the establishment of its units the Commission used them to do additional groundwork before deciding whether or not to launch enquiries into specific incidents.

Numerous allegations were made with regard to the existence of a third force. The Commission instructed the units to investigate the allegations and, in particular, to seek to establish by credible evidence whether a third force existed and, if so, its sponsorship. The investigation units followed up every lead given to them.

The Transvaal and Natal units spent most of their time and effort investigating allegations of security force involvement in violence.

The activities of the Commission, to a large extent, were the consequence of the transition period of the country which has been completed with the election of a democratically elected President, Legislature and Executive in 1994.

The Commission submitted 47 reports to the State President.

For further information contact info@hurisa.org.za

LISTING OF GOLDSTONE COMMISSION REPORTS AVAILABLE AT HURISA