A landmark report released by the National Prosecuting Authority (NPA) has identified political interference in the prosecution of apartheid-era crimes.
What did the report reveal about the TRC prosecutions?
This revelation stems from an in-depth review conducted by Advocate Dumisa Ntsebeza SC, aimed at evaluating the NPA’s handling of Truth and Reconciliation Commission (TRC) prosecutions.
The report meticulously examined the TRC prosecutions, scrutinising the effectiveness and adequacy of the NPA’s efforts to address and bring charges against perpetrators accused of apartheid-era crimes.
Within its findings, the report uncovered evidence of political interference that affected TRC prosecutions between 2003 and 2017.
This interference manifested in various forms, influencing the decision-making process and potentially delaying or obstructing the pursuit of justice for numerous apartheid-era cases.
In light of these findings, the report made several key recommendations.
Foremost among these was the proposal to establish an independent commission of inquiry, tasked with investigating the depth and nature of political interference in TRC prosecutions.
NPA report criticised for sealing ‘Annexure C’ apartheid crimes
Responding to the report, the NPA acknowledged the significance of the findings and expressed its commitment to addressing the identified challenges.
“The NPA has taken note of the recommendations made in the report,” the public prosecutor wrote in a statement.
The authority, however, explained that the recommendation for the establishment of a commission of inquiry was beyond their jurisdiction.
“This falls within the purview of the Executive to consider and has been brought to the attention of the Minister of Justice and Correctional Services,” the NPA explained.
The Foundation for Human Rights (FHR) welcomed the release of the report, recognising its importance in fostering transparency and accountability within the NPA.
However, the FHR also voiced concerns, particularly regarding the timeliness of the report’s publication and the transparency of ongoing investigations.
Specifically, the FHR expressed disappointment over the exclusion of Annexure C from the public release.
“These are cases that were presented before the TRC and form part of the public record. We do not believe that there is any reason to seal the list of cases under investigation. In addition, publication of the list may encourage members of the public to come forward with information and leads in relation to specific cases,” the FHR noted.
Annexure C is outlined in the report as a comprehensive catalogue of the cases under investigation, providing a clear and detailed overview of the TRC’s ongoing efforts to address past injustices.
The matter now rests with the Ministry of Justice, whose yet to greenlight the establishment of a commission of inquiry.