The first set of concessions is what Joe Slovo, the Secretary-General of the Communist Party, called sunset clauses. They promised that the personnel of the old apartheid state – including its security forces, judiciary and civil service – would survive into the post-apartheid order. The state personnel were granted impunity. Only the political establishment had to subject itself to an inclusive electoral process.
Second, there was constitutional protection for white-owned property; this protection was translated into a local government law.
Third, there were no court trials of perpetrators; there was no judicial process. Instead, there was an amnesty for all. The much-lauded TRC really functioned as a mock quasi-judicial process: no matter the quality of the truth offered, it had no choice but to grant amnesty.
Apartheid did not end in the courts. Its end was negotiated at the conference table. It could not have been otherwise, for at least one reason.