Over 100 apartheid-era cases being probed, MPs told

Over 100 apartheid-era cases being probed, MPs told

The National Prosecuting Authority (NPA) has confirmed that more than 100 apartheid-era cases are currently under investigation.

Apartheid protesters
AFP

This is part of efforts to implement the Truth and Reconciliation Commission’s long-standing recommendations.

NPA head Shamila Batohi made the announcement during a briefing to Parliament’s Portfolio Committee on Justice and Constitutional Development, highlighting renewed efforts to address unresolved crimes committed during apartheid.

This renewed push comes after President Cyril Ramaphosa established a judicial commission of inquiry to investigate allegations that previous administrations may have deliberately stalled or blocked prosecutions linked to apartheid atrocities.

The move follows years of sustained pressure from the families of victims who claim post-1994 governments failed to deliver justice.

“There are 194 matters under investigation. Thirty-five of these decisions have been taken not to proceed, and 159 cases are in hand. Two convictions, seven criminal cases are on the high court roll,” said Batohi.

Among the active prosecutions is the Chief Albert Luthuli case, currently before the Pietermaritzburg High Court in KwaZulu-Natal.

The NPA says it plans to conclude its evidence in the matter by June 20.

Batohi also noted significant strides made by the NPA’s Missing Persons Task Team, which has recovered the remains of 184 individuals who died or disappeared during apartheid.

“The Missing Persons Task Teams also runs a series of other key projects, including a project that ensures that the remains of political prisoners who were hanged are recovered and handed over to families for dignity,” she said.

Justice Deputy Minister Andries Nel confirmed that a probe will be launched into possible political interference that may have derailed prosecutions in the past. 

A dedicated team of 33 legal experts, including 19 permanent and 14 contract prosecutors, are working on these cases.

Nel expressed deep disappointment at the regulatory delays, pointing out that work on finalising legal frameworks had already begun during his first term as deputy minister between 2009 and 2013.

“It was a source of great disappointment and dismay for me to return to the department almost 15 years later to find those regulations were still a work in progress, but I do want to give the committee the assurance that Minister Kubayi and I are absolutely committed to the expeditious finalisation of those regulations,” Nel told MPs.

Meanwhile, NPA Eastern Cape Director Barry Madolo confirmed that an inquest into the 1985 Cradock Four murders — involving Matthew Goniwe, Fort Calata, Sparrow Mkonto, and Sicelo Mhlauli — is scheduled to begin next month, despite no allocated SANDF funding. 

He assured that safety protocols are in place for the first 10 days of the hearings.

NPA TRC head Shubnum Singh told the committee that victims' families are regularly informed of progress.

“All prosecutors and investigators are aware that they must update family members and victims of the families as to where the matter is. We encourage this because we believe in transparency and accountability... we do not want to be sitting in a situation where we take a decision a family does not know the efforts that have been extended to ensure that all avenues have been exploited in order to try and get closure for the family,” Singh said.


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