Negation and naturalisation : tracing the logic of discovery in the Promotion of National Unity and Reconciliation Act 34 of 1995

Abstract

This thesis critically examines the Promotion of National Unity and Reconciliation Act of 1995 (PNURA) in South Africa, arguing that it reinforces colonial logic and jurisprudence despite its stated aim of promoting reconciliation. The study contends that the PNURA, which established the Truth and Reconciliation Commission (TRC), operates within a framework that legitimizes the existence of South Africa as a settler colonial state, thereby perpetuating historical injustices against indigenous peoples. By employing the concept of the "logic of discovery", the thesis demonstrates how the PNURA's approach to transitional justice negates indigenous sovereignty and naturalizes European conquest. The research critiques the Act's underlying assumptions, particularly its failure to address the fundamental issue of territorial sovereignty for indigenous South Africans. The study further analyses the PNURA as a narrative project, exploring how its liberal historiography and chronosophy shape a national identity that aligns with Western ideals while marginalizing indigenous perspectives and territorial sovereignty. It examines the TRC's restorative justice approach and its reliance on colonial legal frameworks, such as indemnity jurisprudence. Furthermore, the thesis investigates how the PNURA's focus on individual human rights and liberal democracy obscures broader structural inequalities rooted in colonialism and apartheid. It argues for a fundamental reconceptualization of transitional justice discourse that challenges entrenched colonial underpinnings and considers alternative approaches to reconciliation and nation-building.