In the context of the process of transitional justice of South Africa, this paper focus on the non-legal character of commissions as the Truth and Reconciliation Commission to demonstrate their political character, and verify that they fit in perfectly in the exceptionality of the historical moment that is experienced by a political community in a transitional situation. This constituent and foundational exceptionality of such a community does not have insignificant consequences for the political and philosophical theory, and expounding them is the ultimate objective of this work. To this end, it first conduct a reflection from the point of view of the interaction between Philosophy and Law (and how it relates to these commissions) leading to another reflection which is more in line with the interaction between Philosophy and Politics.