Justice Khampepe to lead apartheid crimes inquiry
President Cyril Ramaphosa has appointed retired Constitutional Court Justice Sisi Khampepe to chair a judicial commission of inquiry into whether efforts were made to suppress investigations and prosecutions of apartheid-era crimes.
Retired Northern Cape Judge President Frans Kgomo and Advocate Andrea Gabriel SC will join her on the panel.
The establishment of this commission marks a significant moment for families of apartheid-era victims, many of whom have waited over two decades for justice.
The inquiry will investigate allegations of “improper influence in delaying or hindering” apartheid-era cases, including whether members of the SAPS and NPA were pressured not to act.
The decision follows a court application launched by 25 survivors and relatives of apartheid victims.
They accused successive post-apartheid governments, led by the ANC, of failing to act on the Truth and Reconciliation Commission’s recommendations.
Many families believe the government has chosen national reconciliation over justice and accountability.
Among the most high-profile unresolved cases is the 1985 murder of the Cradock Four– anti-apartheid activists Fort Calata, Matthew Goniwe, Sicelo Mhlauli and Sparrow Mkonto.
Their bodies were found burnt, and they are believed to have been tortured by apartheid security forces. Despite six former police officers appearing before the TRC in 1999, none were granted amnesty or prosecuted.
Lukhanyo Calata, the son of Fort Calata, is part of the group that took the South African government to court in January.
He has long accused post-1994 administrations of “deliberately burying” the work of the TRC and denying families justice.
In a statement released Thursday, President Ramaphosa said the commission forms part of a court settlement with families.
"For many years, there have been allegations of interference in these cases. This alleged interference is seen as the cause of an unacceptable delay in the investigation and prosecution of brutal crimes committed under apartheid,” he said.
"This has caused the families of victims great anguish and frustration. All affected families – and indeed all South Africans – deserve closure and justice.”
Ramaphosa said the inquiry will provide “a broad and comprehensive opportunity to establish the truth and give guidance on any further action”.
The commission has been given the authority to investigate:
Whether any individuals attempted to improperly influence members of the SAPS or NPA not to investigate or prosecute TRC-identified cases,
Whether SAPS or NPA officials colluded in those attempts,
What actions organs of state should take, including further investigations or prosecutions,
And whether constitutional damages should be paid to victims or their families.
The inquiry will cover the period from 2003 to the present and is expected to complete its work within six months. A final report is due within 60 days after the inquiry concludes.
Ramaphosa added that while the families and the government agreed on establishing the commission, other matters in the court application remain unresolved.
"Government believes that these matters will be addressed through the commission, while the families want the matters to be determined by a court,” he said.
"I respect their decision to seek a court order on the violation of their rights and constitutional damages.”
The government is seeking a stay of application on these outstanding issues pending the commission’s conclusion.
Ramaphosa emphasised the renewed commitment from the NPA and SAPS to investigate and prosecute outstanding TRC cases.
"This government is determined that individuals responsible for apartheid crimes – who were not granted amnesty – must be held to account,” the president said.
"This commission of inquiry is an opportunity to draw a line under a painful period in our country’s history. It is an opportunity to establish the truth and take steps, to the extent possible, to put right what may have gone wrong.”
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