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the rollback of south africa's biological warfare program

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compensation victims deserved; and 4) to consider amnesty applications. After<br />

an investigative stage and a series <strong>of</strong> hearings, <strong>the</strong> TRC issued a final report in<br />

1998. 181<br />

From <strong>the</strong> outset <strong>the</strong>re were limits imposed on <strong>the</strong> scope <strong>of</strong> <strong>the</strong> TRC’s<br />

investigations by its legal mandate, subsequent rulings <strong>of</strong> <strong>the</strong> executive branch,<br />

and political considerations, as well as ties to <strong>the</strong> fragile status quo that<br />

prevailed in <strong>the</strong> first years after <strong>the</strong> transition and time constraints. The TRC<br />

process has been criticized from several different quarters. Some have charged<br />

that <strong>the</strong> process was hopelessly naive from <strong>the</strong> beginning. O<strong>the</strong>rs have cited<br />

<strong>the</strong> lack <strong>of</strong> personnel with experience working in <strong>the</strong> military or intelligence<br />

community as a fatal flaw that limited <strong>the</strong> Commission’s ability to uncover <strong>the</strong><br />

truth about past atrocities. 182 However, <strong>the</strong> temper <strong>of</strong> <strong>the</strong> times and its legal<br />

mandate called for <strong>the</strong> body to primarily focus on uncovering past atrocities<br />

and promoting reconciliation. This mandate shaped <strong>the</strong> questions, procedures<br />

and personnel who worked as investigators and lawyers for <strong>the</strong> Commission.<br />

Moreover, TRC lawyers were required by law to protect <strong>the</strong> civil liberties <strong>of</strong><br />

South African citizens who were accused <strong>of</strong> past wrongdoing, while ensuring<br />

that no one was above <strong>the</strong> law. These requirements meant that <strong>the</strong> TRC<br />

process was extremely slow and time-consuming.<br />

From <strong>the</strong> start <strong>the</strong> TRC investigation into Project Coast was limited by<br />

Ministry <strong>of</strong> Defense restrictions, designed to ensure that <strong>the</strong> investigation did<br />

not became a "fishing expedition.” TRC investigators worked closely with<br />

military intelligence and representatives <strong>of</strong> o<strong>the</strong>r agencies, as TRC<br />

investigators were sensitive to <strong>the</strong> needs <strong>of</strong> several ongoing criminal<br />

investigations and national security concerns. “National security” proved to be<br />

<strong>the</strong> major constraint on <strong>the</strong> scope <strong>of</strong> <strong>the</strong> hearings. Time was also a limiting<br />

factor, as Basson’s lawyers engaged in a series <strong>of</strong> stall tactics that delayed his<br />

appearance until <strong>the</strong> closing days <strong>of</strong> TRC hearings. Thus, a number <strong>of</strong><br />

questions about this project remained unanswered at <strong>the</strong> time <strong>the</strong> TRC<br />

70

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