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{\nofpages8}{\nofwords4302}{\nofchars24522}{\*\company University of Cape Town}{\nofcharsws0}{\vern71}}\paperh20160\margl720\margr720\margt1080\margb1080 \widowctrl\ftnbj\aenddoc\hyphcaps0\viewkind4\viewscale98\viewzk2 \fet0\sectd 
\sbknone\linex0\headery709\footery709\colsx709\sectdefaultcl {\*\pnseclvl1\pnucrm\pnstart1\pnindent720\pnhang{\pntxta .}}{\*\pnseclvl2\pnucltr\pnstart1\pnindent720\pnhang{\pntxta .}}{\*\pnseclvl3\pndec\pnstart1\pnindent720\pnhang{\pntxta .}}{\*\pnseclvl4
\pnlcltr\pnstart1\pnindent720\pnhang{\pntxta )}}{\*\pnseclvl5\pndec\pnstart1\pnindent720\pnhang{\pntxtb (}{\pntxta )}}{\*\pnseclvl6\pnlcltr\pnstart1\pnindent720\pnhang{\pntxtb (}{\pntxta )}}{\*\pnseclvl7\pnlcrm\pnstart1\pnindent720\pnhang{\pntxtb (}
{\pntxta )}}{\*\pnseclvl8\pnlcltr\pnstart1\pnindent720\pnhang{\pntxtb (}{\pntxta )}}{\*\pnseclvl9\pnlcrm\pnstart1\pnindent720\pnhang{\pntxtb (}{\pntxta )}}\pard\plain \nowidctlpar\tqr\tx3153\adjustright \fs20\lang2057\cgrid {\i\fs45\ul\cgrid0 GESHER,

\par }\pard \nowidctlpar\tx470\tx586\adjustright {\f1\cgrid0 
\par }\pard \nowidctlpar\tqr\tx2233\adjustright {\fs25\cgrid0 Dear \_Ms Mkhize
\par }\pard \qj\fi581\nowidctlpar\tx581\adjustright {\fs25\cgrid0 
Following your request, here is the document we have put together, outlining our views on the process of reconciliation in South Africa from a Jewish perspective. I hope it will be of help to you in developing and implementing the long\_
term processes of reconciliation in our country which are sorely needed.
\par For the sake of clarity, I would like to draw your attention to the first paragraph of the Introduction on page 3, which states:
\par 
\par }\pard \qj\nowidctlpar\adjustright {\f1\cgrid0 "Jewish tradition is rich and diverse, and much 
reliant on differing interpretations of its teachings and insights. There is thus no ultimate authority which can declare any, interpretation to be that of all Jews. This document, compiled within the framework of GESHER, therefore presents a Jewish view 
as understood by its authors, but does not purport to represent all Jews or all Jewish thinking.
\par }\pard \nowidctlpar\adjustright {\f1\cgrid0 
\par }\pard \qj\fi581\nowidctlpar\tx581\adjustright {\fs25\cgrid0 The document is therefore not to be taken as officially representing the entire South African Jewish community or its institutions, but rather as a working doc
ument compiled by Gesher, presenting a Jewish view as understood by its authors. We do intend to use this document within the wider Jewish community to encourage discussion on the issue of reconciliation, and we thank you for prompting us to compile it.

\par }\pard \nowidctlpar\tx581\adjustright {\fs25\cgrid0 
\par }\pard \nowidctlpar\tqr\tx1915\adjustright {\fs25\cgrid0 Yours sincerely,
\par 
\par }\pard \nowidctlpar\tqr\tx2850\adjustright {\fs25\cgrid0 Geoff Sifrin (Chairman)
\par 
\par }{\fs28\ul\cgrid0 \sect }\sectd \pgwsxn11909\pghsxn16834\linex0\headery709\footery709\colsx709\sectdefaultcl \pard\plain \nowidctlpar\tqr\tx7402\adjustright \fs20\lang2057\cgrid {\fs28\ul\cgrid0 SUMMARY OF MAIN POINTS IN THIS DOCUMENT
\par 
\par }\pard \nowidctlpar\tqr\tx8574\adjustright {\fs21\cgrid0 1. Reconciliation is a significant Jewish value and Jewish tradition prescribes clear
\par }\pard \li266\nowidctlpar\tx266\adjustright {\fs21\cgrid0 guidelines towards this.
\par }\pard \nowidctlpar\tx266\adjustright {\fs21\cgrid0 
\par }\pard \nowidctlpar\adjustright {\fs21\cgrid0 2. All South Africans were part of the society in which apartheid atrocities were
\par committed, and all bear a responsibility to participate in the process of reconciliation.
\par }\pard \qj\nowidctlpar\adjustright {\fs21\cgrid0 This includes perpetrators and victims, as well as people or groups who consider themselves to have been bystanders.
\par }\pard \nowidctlpar\adjustright {\fs21\cgrid0 
\par }\pard \qj\fi-291\li291\nowidctlpar\tx291\adjustright {\fs21\cgrid0 3. One of the most important aspects is that reconciliation needs face to face contact and interaction. Tile TRC is not presently structured to be able to achieve this.
\par }\pard \nowidctlpar\tx291\adjustright {\fs21\cgrid0 
\par }\pard \nowidctlpar\adjustright {\fs21\cgrid0 4. The TRC needs to significantly enhance its impact at the grassroots level if it is to
\par }\pard \li290\nowidctlpar\tx290\adjustright {\fs21\cgrid0 successfully, encourage reconciliation across the nation.
\par }\pard \nowidctlpar\tx290\adjustright {\fs21\cgrid0 
\par }\pard \fi-281\li281\nowidctlpar\tx267\adjustright {\fs21\cgrid0 5. The TRC, in its present formal \_structure, is unable to realise the long\_
term processes that genuine reconciliation requires. Prior to, concurrent with and after appearing at the TRC, people must be encouraged and helped to come to terms with their feelings. To this end, we suggest that internal, ongoing\_ sub\_
structures be established in educational, community and religious centres.
\par }\pard \nowidctlpar\tx267\adjustright {\fs21\cgrid0 
\par }\pard \qj\fi-306\li317\nowidctlpar\tx11\tx317\tx367\adjustright {\fs21\cgrid0 6.\tab Reconciliation does not mean eliminating differences between people, but rather res
pecting and honouring people or groups who are different. An intrinsic part of reconciliation and of forging a broader, South African identity, requires that people remove the stereotypes through which they have seen each other and get to know each other,
 as individuals and as groups. The TRC should promote and encourage this process of celebrating, honouring and exploring the diversity of South African society as part of its role in national reconciliation.
\par }\pard \nowidctlpar\tx11\tx317\tx367\adjustright {\fs21\cgrid0 
\par \page }{\i\fs24\ul\cgrid0 \sect }\sectd \pgwsxn11909\pghsxn16834\sbknone\linex0\headery709\footery709\colsx709\sectdefaultcl \pard\plain \nowidctlpar\tqr\tx2174\adjustright \fs20\lang2057\cgrid {\i\fs24\ul\cgrid0 INTRODUCTION
\par 
\par }\pard \qj\nowidctlpar\adjustright {\fs21\cgrid0 Jewish tradition is rich and div
erse, and much reliant on differing interpretations of its teachings and insights. There is thus no ultimate authority which can declare any interpretation to be that of all Jews. This document, compiled within the framework of GESHER, therefore presents 
a Jewish view as understood by its authors, but does not purport to represent all Jews or all Jewish thinking.
\par }\pard \qj\fi555\nowidctlpar\tx555\adjustright {\fs21\cgrid0 Our purpose in this document is, therefore, not to provide a view of the concept of reconciliation which would bind all Jews. Rather, it is to pre
sent a particular view of Jewish tradition which, we believe, helps us better to understand the choices facing our society as it attempts reconciliation: we are concerned to show how elements of Jewish tradition can help South Africa deal with the importa
nt challenges it faces.
\par }\pard \li599\nowidctlpar\tx599\adjustright {\fs21\cgrid0 We have approached the issue of reconciliation through four questions:
\par }\pard \nowidctlpar\tx599\adjustright {\fs21\cgrid0 
\par {\pntext\pard\plain\f3\fs22 \loch\af3\dbch\af0\hich\f3 \'b7\tab}}\pard \fi-360\li360\nowidctlpar\jclisttab\tx360{\*\pn \pnlvlblt\ilvl0\ls4\pnrnot0\pnf3\pnfs22\pnstart1\pnindent360\pnhang{\pntxtb \'b7}}\ls4\adjustright {\fs21\cgrid0 Who needs to reconcile?

\par {\pntext\pard\plain\f3\fs22 \loch\af3\dbch\af0\hich\f3 \'b7\tab}}\pard \fi-360\li360\nowidctlpar\tx142\jclisttab\tx360{\*\pn \pnlvlblt\ilvl0\ls3\pnrnot0\pnf3\pnfs22\pnstart1\pnindent360\pnhang{\pntxtb \'b7}}\ls3\adjustright {\fs21\cgrid0 
What is the process of reconciliation to consist of? 
\par {\pntext\pard\plain\f3\fs22 \loch\af3\dbch\af0\hich\f3 \'b7\tab}}\pard \fi-360\li360\nowidctlpar\tx142\jclisttab\tx360{\*\pn \pnlvlblt\ilvl0\ls1\pnrnot0\pnf3\pnfs22\pnstart1\pnindent360\pnhang{\pntxtb \'b7}}\ls1\adjustright {\fs21\cgrid0 
Truth, justice and reconciliation \_ how they inter\_relate. 
\par {\pntext\pard\plain\f3\fs22 \loch\af3\dbch\af0\hich\f3 \'b7\tab}}\pard \fi-360\li360\nowidctlpar\tx142\jclisttab\tx360{\*\pn \pnlvlblt\ilvl0\ls1\pnrnot0\pnf3\pnfs22\pnstart1\pnindent360\pnhang{\pntxtb \'b7}}\ls1\adjustright {\fs21\cgrid0 
The limits of reconciliation.
\par }\pard \nowidctlpar\tx142\adjustright {\fs21\cgrid0 
\par }\pard \nowidctlpar\adjustright {\i\fs21\ul\cgrid0 WHO NEEDS TO RECONCILE?
\par 
\par }\pard \qj\nowidctlpar\adjustright {\fs21\cgrid0 
An important debate has been raging within our society on this topic. At issue is whether reconciliation is required only of those who supported or implemented apartheid, or whether it is required of us all. We believe that
 Jewish teaching supports the latter view.
\par }\pard \nowidctlpar\tx569\tqr\tx8502\adjustright {\fs21\cgrid0 \tab 
Clearly, those who committed gross human rights abuses in the name of apartheid are first among those who should seek reconciliation. The treatment of human beings under apartheid violated many of Judaism's princ
iples: it was, therefore, an evil system and Judaism teaches that those who do evil must seek forgiveness from those they have wronged. It is not enough for the perpetrators to claim that they were obeying orders, for Judaism insists that each individual 
i
s responsible for his or her actions. Nor is it enough to claim that they were politically motivated, that they were fighting for a cause which they believed to be just. Besides the reality that their cause was not just, Judaism places moral obligations e
ven on those who fight wars they believe to be just. They have wronged others and 0 they need to recognise this and correct their behaviour.
\par }\pard \fi568\nowidctlpar\tx568\adjustright {\fs21\cgrid0 This does not mean that perpetrators should be the target of vengeance, but it does mean that they need to recognise
 their errors. It is, therefore, a source of regret to us that amnesty may be granted to people who have shown no remorse (although remorse shown only in the hope of receiving amnesty would not, for Judaism, be real contrition).
\par }\pard \qj\fi555\nowidctlpar\tx555\adjustright {\fs21\cgrid0 The second category, which 
must acknowledge the need to search their actions are those who consider themselves to be neither victims nor perpetrators, but innocent bystanders. There are many who claim that they bear no responsibility for what happened under apartheid since they wer
e not active proponents or implementors of the system, but were simply trying to live their private or community lives in the context in which they found themselves. We reject this view, and believe\_
that all elements of South African society bear responsibi
lity for what happened under apartheid. All important Jewish teaching says that if a man is murdered in a field, then the elders of the nearest village will be held responsible for his death and for his burial, since it is their duty to ensure that the ar
ea in which they live is safe for themselves as well as passers\_
by. In other words, being part of a society in which atrocities are committed means you cannot claim the status of an innocent bystander. We accept that we all should have striven to prevent su
ch atrocities from occurring. This includes the members of the Jewish community as well as other communities.
\par Jewish history is rife with examples of persecution, most recently in the Nazi Holocaust, in which surrounding populations stood by and did nothing while}{\b\f1\fs21\cgrid0  }{\fs21\cgrid0 
Jews were being tortured and killed, then later claimed that they didn't know what was happening, that they were merely innocent bystanders.
\par }\pard \nowidctlpar\tx555\adjustright {\fs21\cgrid0 
\par \page \sect }\sectd \pgwsxn11909\pghsxn16834\sbknone\linex0\headery709\footery709\colsx709\sectdefaultcl \pard\plain \qj\fi584\nowidctlpar\tx584\adjustright \fs20\lang2057\cgrid {\fs21\cgrid0 
In the South African situation, people who have thought of themselves as bystanders must ask themselves 
how they ought to have acted, or in what ways they, implicitly supported the apartheid system or failed to carry out their moral duty. They. need to take appropriate responsibility for the system in which they lived, for atrocities committed under that sy
stem, and for the process of reconciliation.
\par What of the victims and those who actively resisted apartheid? A central notion in Judaism is teshuvah, which is usually translated as 'repentance', but which means 'turning' or 'returning'. It demands of all of 
us, however ethical we believe our behaviour to have been, to examine ourselves to discover where we have erred. It also requires us to 'return' to our real selves. The concept applies as much to the victims of a wrong as to those who perpetrated it.

\par }\pard \nowidctlpar\tx576\tqr\tx8590\adjustright {\fs21\cgrid0 \tab We m
ust stress that this does not mean that victims of acts of violence, discrimination or oppression are morally equivalent to those who committed them: but it does mean that, however victimised we have been, we are not absolved of responsibility for examini
ng our own flaws. Indeed, Judaism urges us to be as concerned about our own failings as about those of others, or to be more concerned.
\par }\pard \qj\fi584\nowidctlpar\tx584\adjustright {\fs21\cgrid0 Judaism also attempts to hold the victim to the same standard of justice as tile perpetrator: Jewish judges are exhorted not to favour the rich in their judgements \_
 but so too are they told riot to distort justice to favour the poor. This stresses the need to maintain a single measure of justice and morality for all people. Again, it does not mean that those who have suffer
ed economic injustice are morally equivalent to those who are responsible for it \_ but again it means that even the victims must bind themselves to moral standards.
\par Indeed, there is a strain in Jewish teaching which suggests that those who commit themselves to morality \_ such as those who resisted apartheid \_
 are expected to bind themselves to higher standards than others: it is this concern which led the author Elie Wiesel, himself the victim of unimaginable crueity in Nazi concentration camps, to demand t
hat the death sentence of the Nazi Adolf Eichmann not be implemented since Jews could only defeat the ideologies which had oppressed them by showing that they were committed to higher ethical standards.
\par In the current South African context, this does riot 
mean that those who resisted apartheid are morally equivalent to those who implemented it. But it does mean that they are also required to examine their own behaviour and to submit themselves to universal moral standards: a wrong committed in a just cause
 may be more understandable than one committed for an unjust one \_ but it is a wrong nevertheless, and must be seen as one particularly by those committed to creating a society, based on superior ethical principles to those of the past.
\par One reason for insis
ting oil this is that we need to move decisively away from the injustice, amorality and indifference of our past. We can only do this by insisting that we adhere to the highest set of standards and urging that everyone do so. Thus, those who violated our 
common values in the struggle against apartheid must acknowledge that their
\par }\pard \qj\nowidctlpar\adjustright {\fs21\cgrid0 actions were a violation \_ even if they, were more condonable than actions by apartheid's implementors. Suppressing human rights in detention camps during the guerrilla war against 
apartheid is one illustration. Necklacing of suspected collaborators is another.
\par }\pard \qj\fi584\nowidctlpar\tx584\adjustright {\fs21\cgrid0 This is particularly important because our view of the past always has implications for our future behaviour. If we automatically absolve those who resisted apartheid, then we
 may set a precedent which would allow many of our citizens to deny moral responsibility for their future behaviour on the grounds that they resisted evil. And if we allow politica1 leaders this absolution, we also `absolve them of the need to account to 
our society for their actions: the chief victims here will be the millions who suffered tinder apartheid, for they will be denied the means to hold their representatives to account.
\par For the majority who suffered under apartheid, there is another reason for 
insisting on this. It would be both easy and understandable for apartheid's victims to blame their  current and future problems entirely on the system which oppressed them. But a high price is attached to this \_
 a lack of self-esteem. To see oneself solely
 as a victim is to deny one's ability to take responsibility for changing one's circumstances. Seeking reconciliation would, therefore, enable victims to remove a great obstacle to their progress, to regain a sense of self\_
worth, and would lead to a willingness to participate in a democratic society.
\par }\pard \nowidctlpar\tx4391\tqr\tx4791\adjustright {\fs21\cgrid0 
\par \page \sect }\sectd \pgwsxn11909\pghsxn16834\sbknone\linex0\headery709\footery709\colsx709\sectdefaultcl \pard\plain \qj\fi571\nowidctlpar\tx571\adjustright \fs20\lang2057\cgrid {\fs21\cgrid0 
If, therefore, we are to build a new society., rather than create a new version of the past, we must insist that all South Africans shoulder some of the burden for reconciliation \_and that they examine not o
nly how others need to reconcile, but how they. need to do so too.
\par Calling on victims of apartheid to embrace reconciliation does not mean, however, that they should not receive special benefits or reparations from the society. Indeed, Jewish tradition vie
ws the receiving of reparations for wrongs suffered as intrinsic to the process of reconciliation. But for the sake of the victims' sense of self\_
worth, it is better that such reparations are oriented as far as possible towards empowerment, training and human development rather than only the relief of immediate distress.
\par }\pard \nowidctlpar\tx571\adjustright {\fs21\cgrid0 
\par }\pard \nowidctlpar\adjustright {\i\fs21\ul\cgrid0 WHAT IS THE PROCESS OF RECONCILIATION TO CONSIST OF?
\par 
\par }\pard \nowidctlpar\tqr\tx8584\adjustright {\fs21\cgrid0 Jewish tradition recognises that for one human to forgive another, the perpetrator must directly approach the victim (see Appendix: "Laws of Repentance").
\par }\pard \fi788\nowidctlpar\tx786\tqr\tx8594\adjustright {\fs21\cgrid0 A distinction must be made between the legal aspects of amnesty, acquittal and the like, and the 'nation\_
building' that the TRC wishes to encourage. If it is reconciliation that we wish to achieve, people must face each other. Once the legal\_
political issues (which tend to be fractious) appear, then trite reconciliation is difficult. Hence, as part of the reconciliation process people need to become reconciled to one another.
\par }\pard \qj\fi571\nowidctlpar\tx571\adjustright {\fs21\cgrid0 Let its focus first on the "victims". Clearly, for reconcilia
tion to be attained, the offended party must be ready to offer forgiveness. Now, forgiveness does not mean that we accept or make an accommodation with the evil that has been perpetrated. Rather, without in any way condoning or \_
ranting recognition of the act, forgiveness is the ability to let go of the resentment towards the person responsible.
\par One might ask: "is there any point to reconciliation?" Maybe people should be allowed to hold on to resentments. Are we not asking too much of them to let go? Clearly, resentments may be totally justified \_
 a consequence of violence perpetrated against a person or group. This country's history provides ample grounds for deep resentments. But today, as a national priority, we must urgently. explore Ways of getting rid
 of these feelings, so that we can be free to build a healthy, strong society.
\par People, both as individuals and collectives, hold onto resentments because they believe there is some kind of payoff, which may take various forms, such as:
\par }\pard \li607\nowidctlpar\tx607\adjustright {\fs21\cgrid0 \bullet  "Being, right" \_ and therefore making the other person or group "wrong,".
\par \bullet  "Self\_righteousness" \_ feeling morally superior to others.
\par \bullet  "Power" \_ a false sense of power. deriving from claiming the moral high ground.
\par }\pard \qj\fi571\nowidctlpar\tx571\adjustright {\fs21\cgrid0 \bullet  "Self\_justification" \_ resentments are often held becau
se of a belief that the other person has damaged you or your group in a way that you can never recover from, and helps to explain away why you do or do not act in a certain way. In other words, it helps avoid taking responsibility for your actions.
\par The truth is, however, that it is often resentment itself which is the crippling element, as much as the event which caused it. Letting go of resentment helps significantly in healing the damage. Once the resentment is given tip, people can be\_
in to see themselves in a more positive light. Of course, the implications of this are deeply personal \_ suddenly we have to be responsible for our lives, and cannot hide behind the other person's actions.
\par Virtually all sections of South African society harbour resentments. 
The desire to blame a person or group for having caused another individual or group damage in some permanent way is a recurring theme, and the cost, both for individuals and groups, and for South African society as a whole, of holding onto these resentmen
ts is significant in terms of relationships, self\_expression, health and spirituality. Recognising and acknowledging these costs is part of the process of reconciliation.
\par The final stage of reconciliation is to offer forgiveness for what has happened, and to let go of resentments. This is difficult, but if this stage can be passed then a new intention can be chosen, with a desire to clear things up and make a new start.

\par We suggest that the TRC, as presently set up, is simply not structured to take charge of the above process. Reconciliation deals with issues that go to the very heart of a person's emotional make\_
up. Therefore, prior to appearing at the TRC, people must be encouraged
\par \page \sect }\sectd \pgwsxn11909\pghsxn16834\sbknone\linex0\headery709\footery709\colsx709\sectdefaultcl \pard\plain \qj\nowidctlpar\adjustright \fs20\lang2057\cgrid {\fs21\cgrid0 and helped to come to terms with their feelings. To this end we suggest tha
t internal sub\-structures be established in educational, community and religious centres.
\par }\pard \qj\fi597\nowidctlpar\tx597\adjustright {\fs21\cgrid0 The same applies to perpetrators. Taking responsibility for what one has done is more than a verbal or emotional commitment. It, too, is a process, and people need to
 be helped in working through it \_ appearance at the TRC should be the conclusion of a process that already begins with the community and individuals.
\par }\pard \li589\nowidctlpar\tx589\adjustright {\fs21\cgrid0 In Jewish law repentance requires that an individual go through the following steps:
\par }\pard \li1179\nowidctlpar\tx1179\adjustright {\fs21\cgrid0 \bullet  Admits to having done wrong
\par }\pard \fi-152\li1328\nowidctlpar\tx1176\tx1328\adjustright {\fs21\cgrid0 \bullet  Shows genuine regret for having done wrong Attempts to make appropriate reparation Commits to a firm change of heart and to not repeating the wrong in future
\par }\pard \nowidctlpar\tx607\tqr\tx8522\adjustright {\fs21\cgrid0 \tab Again, the process of achieving this is difficult. We reiterate our suggestion that f
acilities be established in educational, community and religious centres to help people in coming to this self\_reconciliation with what they did or did not do.
\par }\pard \qj\fi597\nowidctlpar\tx597\adjustright {\fs21\cgrid0 Various groups within our society should develop their own truth and reconciliation processes in
 order to get to the more formal stage of the official TRC. Another advantage of this is that the TRC will then be felt more widely in the community than it has been so far.
\par Also, the TRC is too public and 'confrontational'. Genuine change and catharsis ca
n only occur to a limited extent under TV cameras. Were the publicised hearings to occur as a culmination of a more detailed, grassroots process, however, this public catharsis may become more effective and deeply rooted.
\par }\pard \nowidctlpar\tx597\adjustright {\fs21\cgrid0 
\par }\pard \nowidctlpar\tqr\tx5104\adjustright {\i\fs21\ul\cgrid0 
\par JUSITCE, TRUTH AND RECONCILIATION
\par 
\par }\pard \qj\nowidctlpar\adjustright {\fs21\cgrid0 All three of these concepts are important to Jewish tradition, but in a special way \_ one which can make a unique contribution to the challenges facing South African society.
\par }\pard \qj\fi597\nowidctlpar\tx597\adjustright {\fs21\cgrid0 In essence, the interpretation suggested here is that, for Jews, all three con
cepts are the outcome of contact or relations between human beings. While the world is ordered by a Divine Being, humanity is commanded to enter into a partnership with the Almighty and to accept responsibility for perfecting the world: this means that we
 are obliged to rely on our own reason and on our relationships with each other to arrive at a human application of the Divine attributes of justice, Truth and Reconciliation.
\par To take the concepts in reverse order. Reconciliation between human beings cannot be achieved by Divine intervention \_
 or, indeed, by any intermediary: the person (or group) which his committed a wrong can rectify it only by making peace directly with the person or group wronged. This means that reconciliation cannot be dictated by a c
ommission or law: it is the outcome of a sincere willingness of human beings to reconcile, born out of a sense of remorse for past wrongs and a desire not to repeat them. It means also that one party in society cannot dictate reconciliation to others: ind
ividuals or groups can effect reconciliation only by, accepting responsibility for their past actions and requesting the forgiveness of those to whom they brought suffering.
\par justice is Judaism's primary social value \_ one of the concepts on which human society rests. Indeed, Rabbi Shinion ben Gamliel observes in the Talmud that "The world endures on three things \_ justice, truth and peace".
\par But again, despite Judaism's firm belief in Divine justice, on the human level justice is the outcome of human agreemen
t on a set of rules by which society is to be ordered. For traditional Judaism, a central test of civilised society is that it maintain courts of justice, not that it implement a particular set of laws. The idea behind this is that it is agreement between
 human beings on a set of rules to govern relations between them \_ and the willingness to apply them fairly to all \_ which is the test of civilisation.
\par Nor should justice ever be confused with vengeance. The Jewish philosopher, Ernmanuel Levinas, points out
 that historically, the much misunderstood Jewish command to extract 'an eye for an eye' was not a call to vengeance, but rather an attempt to restrict it. In Talmudic tradition, in Jewish jurisprudence, 'an eye for an eye' is simply a legal term referrin
g to financial compensation for a wound. It is natural for somebody who has suffered a wound (such as people in this country) to react with vengeance, but to pursue a constant
\par }\pard \nowidctlpar\tx597\adjustright {\fs21\cgrid0 
\par }\pard \nowidctlpar\tqr\tx345\adjustright {\fs21\cgrid0 
\par \sect }\sectd \linex0\headery709\footery709\colsx709\sectdefaultcl \pard\plain \qj\nowidctlpar\adjustright \fs20\lang2057\cgrid {\fs21\cgrid0 cycle of vengeance is to reduce us to barbarism. Therefore, victims are compel
led, within an orderly society, to accept that society will operate only in terms of justice, not vengeance.
\par }\pard \qj\fi571\nowidctlpar\tx571\adjustright {\fs21\cgrid0 Even truth is, for Judaism, a matter to be refined by debate between morally responsible individuals, since the Almighty has charged humanity 5vith
 reaching its own understanding of truth. One implication is that we are to be suspicious of those who claim to have 'discovered the truth' and seek to impose it on their fellow human beings. A Jewish commentary on the Creation suggests too that humane-ne
ss is a greater value than truth, again warning us against the danger of harsh, human-inspired, concepts of 'absolute truth'.
\par These concepts hold important lessons for South Africans at this stage of our history. We are a divided society, in which great wro
ngs have been done to some by others and the wounds opened by decades of violence are perhaps just beginning to heal. If true reconciliation is to 6e achieved, our society, needs to move towards a shared sense of what justice and truth are: our failure to
 achieve this is reflected in, among other factors, high crime rates and tensions between social groups.
\par Jewish teaching suggests that we can begin to move towards these goals by open dialogue on the nature of our past, its oral lessons and how we are to bu
ild a society which prevents the wrongs of our past being repeated. This dialogue cannot be achieved if we merely rely on the constitution, the outcome of elections or the workings of the international marketplace to enable one section of the society, to 
impose its vision of justice, truth and reconciliation on all others. Nor can it be achieved by ignoring our past \_ or by relying on the state, political leaders or a commission to achieve reconciliation for us.
\par Progress depends on the ability of all of us to acknowledge our own role in the sins of the past, to seek forgiveness, and to forgive others for their role in it. Only out of such a process \_ which Judaism mandates \_
 can we begin to build a society radically better than that we have left behind.
\par }\pard \nowidctlpar\tx571\adjustright {\fs21\cgrid0 
\par }\pard \nowidctlpar\tqr\tx4227\adjustright {\i\fs21\ul\cgrid0 THE LIMITS OF RECONCILIATION
\par 
\par }\pard \qj\nowidctlpar\adjustright {\fs21\cgrid0 Reconciliation does not mean elimination differences: South Africa is a country of many, different ethnicities and group identities.
\par }\pard \qj\fi605\nowidctlpar\tx605\adjustright {\fs21\cgrid0 As a means of maintaining power, the apartheid regime appropriated and imposed these identities 
from above, focussing obsessively on keeping groups in separate pigeonholes, emphasising their differences rather than their common humanity. Consequently, groups acquired a siege mentality towards each other, and people perceived others through the filte
r of group stereotypes rather than through open and healthy personal experience of each other. This was made worse by the fact that one group (the whites') had control over state power and could dominate the lives of other groups.
\par An intrinsic part of the p
rocess of reconciliation and of forging a new, broader, South African identity requires that people actively remove the filters and get to know each other, both as individuals and as groups. The TRC should help promote and encourage this process as part o
f its role in national reconciliation.
\par This does not mean, however, that boundaries between groups should disappear. Now that pluralism and multiculturalism are free from apartheid's stigma, people have become free to claim and celebrate their ethnicity and
 culture. This means understanding and accepting differences, honouring those who are different to you and celebrating the richness which pluralism brings to society, even though it may also bring a certain tension at times.
\par Rabbi Yitz Greenberg, an American Orthodox Rabbi who has long been involved in inter\_
religious dialogue, says on pluralism and mutual respect: 'I've come to believe... pluralism is God's will. Can you learn to propagate your religion without using stereotypes and negative images of the 
other? If we can't, all religions will go down the tubes \_ and 0,00d riddance \_ because we're a source of hatred and demolition of other people."
\par Rabbi Avraham Yitzhak Kook, the great mystic and chief rabbi of Palestine early in the century, said that ever
y hateful or negative image of other traditions that's in our own should now be seen as a mountain we have to climb over as we try to reach God. Rabbi Ben Zoma says in the Talmud: "...who is honoured? He who honours others..."
\par Reconciliation needs time and perseverance. People who have been hurt may need a generous amount of time and understanding to be able to reconcile with those they perceive
\par }\pard \nowidctlpar\tx605\adjustright {\fs21\cgrid0 
\par }\pard \nowidctlpar\tqr\tx346\adjustright {\fs21\cgrid0 
\par \page }{\b\fs21\cgrid0 \sect }\sectd \sbknone\linex0\headery709\footery709\colsx709\sectdefaultcl \pard\plain \qj\nowidctlpar\adjustright \fs20\lang2057\cgrid {\fs21\cgrid0 to have hurt}{\b\fs21\cgrid0  }{\fs21\cgrid0 
them. Hurrying and forcing them cannot succeed. People who were perpetrators, many of whom believed they were right, may need help in acknowledging and dealing with what they did. Timing, patience and perseverance are important.
\par }\pard \qj\fi585\nowidctlpar\tx585\adjustright {\fs21\cgrid0 And people who regard themselves as innocent bystanders without culpability may, need help in seeing that they too bear res
ponsibility for what happened ill tile society ot which they were a part, and that they must participate in the process of reconciliation '
\par Reconciliation is a long process, involving hard work. As Rabbi Tarfon says in the Talmud: "You are not required to complete the task, yet you are not free to withdraw from it."
\par }\pard \nowidctlpar\tx585\adjustright {\fs21\cgrid0 
\par }\pard \qj\fi585\nowidctlpar\tx585\adjustright {\fs21\cgrid0 True reconciliation is of necessity a voluntary act \_ no\_
one call be forced to reconcile, and understanding should be shown for people who cannot do so, either because their hurt is too great, 
because the perpetrators have not shown remorse, or for other reasons. And there may be situations in which reconciliation is simply not possible. But even when reconciliation seems extremely difficult to attain, Jewish sages warn against giving up oil it
 and falling into hatred. We are obligated, says Rabbi Kook, to reject evil and even to hate it, but we are forbidden to hate people until we have exhausted every last possibility of criticism and dialogue with them.
\par In his commentary on Leviticus 19:17 \_ "Do not hate your brother in your heart \_criticize him so that you will not bear sin for him" \_
 Maimonides, the great 12th Century Jewish philosopher, writes that the two parts of that verse are related. It is precisely in order to lessen hatred that we are commanded to offer criticisms, to dissolve anger and animosity with dialogue.
\par }\pard \nowidctlpar\tx585\adjustright {\fs21\cgrid0 
\par }\pard \nowidctlpar\tqr\tx1823\adjustright {\i\fs21\ul\cgrid0 CONCLUSION
\par 
\par }\pard \qj\nowidctlpar\adjustright {\fs21\cgrid0 We would argue that these teachings point in a particular direction \_ one which requires us to move beyond our current conception of reconciliation, expressed in the formal workings of the TRC.
\par }\pard \qj\fi585\nowidctlpar\tx585\adjustright {\fs21\cgrid0 Our society desperately needs a hard look at its past \_
 but not one which enables South Africans to avoid it either by using a formal process to absolve themselves of the hurt they did to others or which allows a finger\_pointi
ng exercise in which we shift the full weight of blame for the past, and responsibility for the future, onto others.
\par The reconciliation process we envisage here is difficult, slow, but essential. While we would be delighted to discuss specific ways in whic
h it could be attempted (beyond those mentioned broadly here), we urge the TRC to use its influence and resources to initiate a more concerted and more permanent search for reconciliation among all South Africans.
\par In sum, if we restrict the reconciliation process to the work of a commission, future generations may conclude not that we were too concerned with reconciliation, but that we were not concerned enough.
\par }\pard \nowidctlpar\tx585\adjustright {\fs21\cgrid0 
\par }\pard \nowidctlpar\adjustright {\f1\fs21\ul\cgrid0 APPENDIX. "Laws of Repentance": Mishneh Torah of,Maimonides, Chapter 2:
\par 
\par }\pard \nowidctlpar\tqr\tx8419\tqr\tx8562\adjustright {\fs21\cgrid0 \tab }{\f1\fs21\cgrid0 (9) }{\fs21\cgrid0 ... But sins committed by, one person against another, eg bodily injury, cursing. robbery, etc, will only
\par \tab be forgiven when the injured party has been fully satisfied. Even when one has carried out full
\par \tab restitution, there is still a need to seek forgiveness. Even for a slight insult one is obliged to pacify the
\par injured party and to persevere until forgiveness is granted.  If the injured party steadfastly refuses to grant 
\par }{\cgrid0 forgiveness, one should bring to him a delegation, consisting of three of his own friends, to plead on
 one's behalf.  If this fails one should take a second and even a third such delegation.  If all of these attempts at reconciliation are rejected then he, the injured party, is regarded as a sinner.
\par \'85If one injured a teacher or mentor one is obliged to approach one's teacher or mentor in abasement, even up to a thousand times.
\par 
\par (10) It is wrong for a man to be cruel and to refuse to be pacified.  He should rather be ready to forgive and should be willing to forgive with a full heart and a willing soul.  Even when one has been sorely injured one should not be vengeful. . . .

\par 
\par {\pntext\pard\plain\fs20 \hich\af0\dbch\af0\loch\f0 (11)\tab}}\pard \fi-420\li420\nowidctlpar\jclisttab\tx420\tqr\tx8419\tqr\tx8562{\*\pn \pnlvlbody\ilvl0\ls5\pnrnot0\pndec\pnstart11\pnindent420\pnhang{\pntxtb (}{\pntxta )}}\ls5\adjustright {\cgrid0 
If one injured another in any way and the injured party died before restitution could be made or forgiveness granted, one must confess sin before a group of ten persons and one must offer restitution to the heirs of the injured party.}{
\par }\pard \nowidctlpar\tqr\tx8419\tqr\tx8562\adjustright {
\par }}