War/conflict memorialization is not merely the act of remembering, preserving, and commemorating past events; it is deeply connected to Transitional Justice as it aligns with its four pillars. Memorialization plays a crucial role in justice, as forms of memory serve as acknowledgements of past wrongs. Justice requires accountability, which is tied to acknowledgement from perpetrators (Ruwanpathirana, 2016:9). Truth-telling is also integral to memorialization, much like in Transitional Justice, through the use of archives, history books, and dialogues, all of which contribute to both processes (Ruwanpathirana, 2016:9). Reparations, including symbolic reparations through sites of memory, are a form of memorialization, offering remembrance and fostering reconciliation (Ruwanpathirana, 2016:9). Memorialization also supports the guarantee of non-repetition, as sites of memory and other forms of commemoration serve as constant reminders of past atrocities and the need to prevent their recurrence. Memorials thus play a key role in reparations, which are not only material but also symbolic, such as sites of memory and the renaming of significant locations tied to conflict or war.

In South Africa, efforts to memorialize are governed by legal instruments such as the constitutional framework, including the South African Constitution, the legislative and policy landscape like the National Heritage Resources Act (No. 25 of 1999), and the Truth and Reconciliation Commission (TRC) recommendations on memorialization efforts. South Africa also has international commitments under frameworks like the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the African Union’s Charter for African Cultural Renaissance (2006). This paper, therefore, examines the legal and policy frameworks that govern memorialization in South Africa.

Constitutional Framework

The South African Constitution provides a robust framework for promoting memorialisation, reflecting the nation’s commitment to confronting its complex history. The Preamble sets forth the goal of acknowledging the injustices of the past and honouring those who suffered under them (Constitution of South Africa, 1996:1). In line with this, the Constitution encourages the preservation of oral histories and cultural expressions—often central to memorialisation efforts—by promoting the development and recognition of indigenous languages under Section 6 (Constitution of South Africa, 1996:1).

The Constitution’s emphasis on fostering unity while respecting diversity is also evident in national symbols, including monuments. Section 9, which guarantees equality, aims to address historical injustices by ensuring that marginalised communities are represented in the collective memory of the country (Constitution of South Africa, 1996:1). Human dignity, a key constitutional principle, is protected under Section 10 and resonates with memorialisation efforts that seek to restore dignity to individuals whose histories were once suppressed or marginalised (Constitution of South Africa, 1996:1).

Land, a powerful symbol of cultural identity and memory, is addressed in Section 25, which deals with land restitution—an essential aspect of correcting historical injustices that ties into broader memorialisation initiatives (Constitution of South Africa, 1996:1). Sections 30 and 31 affirm the rights of communities to express their history and maintain their cultural traditions, further supporting efforts to commemorate significant events and figures (Constitution of South Africa, 1996:1).

Moreover, Section 195 underscores the role of public administration in advancing development-oriented initiatives, reinforcing the government’s responsibility in supporting inclusive heritage projects (Constitution of South Africa, 1996:1). While the Constitution does not explicitly mention the TRC, it aligns with the Commission’s principles of justice and national reconciliation. Ultimately, the Constitution lays the groundwork for ongoing efforts to memorialise South Africa’s multifaceted past, paying tribute to both its painful and triumphant histories.

International Commitments

To meet its obligations under international frameworks related to heritage and memory, South Africa must adhere to several agreements, including those established by the United Nations Educational, Scientific and Cultural Organization (UNESCO). South Africa ratified the UNESCO conventions in 1997, joining 46 other African countries in this commitment (UNESCO, n.d.). The World Heritage Convention (1972) mandates the protection and preservation of cultural and natural heritage sites, emphasizing the importance of incorporating indigenous narratives into their conservation and interpretation (UNESCO, n.d.).

As a member state of the African Union (AU), which highlights the importance of cultural identity, heritage, and memory through its Charter on Cultural Renaissance (2006), South Africa is obligated to protect and promote its diverse cultural heritage, including indigenous traditions (African Union, 2006). Furthermore, the AU Agenda 2063 calls for the integration of African heritage and cultural identities into nation-building and regional cohesion. This compels South Africa to align its transitional justice initiatives with these objectives, fostering a comprehensive approach to cultural preservation and social integration (African Union, 2015).

Conclusion

The complex connection between memorialisation and transitional justice emphasises how important it is to remember and honour past conflicts to promote a more equitable society. The complex connection between memorialisation and transitional justice highlights just how important it is to honour and remember historical disputes to facilitate a more just society. In addition to making it easier to acknowledge historical wrongs, these frameworks support cultural identity maintenance, reconciliation, and the preservation of marginalised voices in the country’s collective memory. South Africa’s memorialisation strategy supports the larger objectives of transitional justice by highlighting the values of responsibility, truth-telling, reparations, and the promise of non-repetition. This helps to promote understanding and reconciliation among its different groups. The commitment to legal standing in memorialisation initiatives serves as a means of acknowledging historical injustices and paving the way for a more inclusive and equitable future as the country continues to confront its traumatic past. To ensure that the lessons learnt from history are not lost but rather act as a foundation for the development and reconciliation of the country, the continuous dialogue around memorial sites, monuments, and narratives must continue to be critical for South Africa’s route towards reconciliation.

REFERENCES

 African Union. 2006. Charter for African Cultural Renaissance. Addis Ababa: African Union.

Constitution of the Republic of South Africa, 1996. Pretoria: Government Printer.

Ruwanpathirana, T. 2016. Memorialisation For Transitional Justice In Sri Lanka. Centre for Policy Alternatives. 9.

UNESCO. n.d. Member States. Available: https://www.unesco.org/en/countries.

By Asemahle Tshoni