Ramaphosa to establish inquiry into delays in TRC cases
President Cyril Ramaphosa is in the process of establishing a judicial commission of inquiry to establish whether attempts were made to prevent the investigation or prosecution of apartheid-era crimes referred by the Truth and Reconciliation Commission to the National Prosecuting Authority.
The establishment of the commission of inquiry is the outcome of settlement discussions in a court application brought by families of victims of apartheid-era crimes.
“Allegations of improper influence in delaying or hindering the investigation and prosecution of apartheid-era crimes have persisted from previous administrations. Through this commission, President Ramaphosa is determined that the facts be established and the matter brought to finality,” said presidency spokesperson Vincent Magwenya.
Magwenya says, following discussions involving the Presidency, the families, and other government bodies cited in the application, there was a joint agreement to establish the commission.
However, he adds that, while the parties have agreed to the establishment of the Commission of Inquiry, they were not able to reach a settlement on other matters in the application.
“These include the application for an order that declares the actions of various government entities unlawful and a violation of the applicants’ rights, as well as the payment of constitutional damages by the state.
“Government has maintained that these outstanding matters would be most appropriately addressed through the Commission of Inquiry and will therefore be included in the commission’s terms of reference.”
Magwenya says government will be seeking a stay of application on these outstanding matters pending the conclusion and outcomes of the Commission of Inquiry.
“President Ramaphosa appreciates the anguish and frustration of the families of victims, who have fought for so many years for justice.
The President respects the decision of the families to continue to seek an order on the violation of their rights and constitutional damages through the courts,” he said.
The Presidency will shortly make an announcement on the head of the Commission of Inquiry, the time frames, and the full terms of reference.
In 2023 the NPA appointed advocate Dumisa Ntsebeza to review cases emanating from the TRC.
At the time, NPA spokesperson Mthunzi Mhaga said Ntsebeza would lead a team of 25 prosecutors and 40 investigators have been appointed to deal specifically with TRC matters.
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