Minister of Justice and Correctional Services Ronald Lamola is applying his mind on whether to appoint a commission of inquiry that there was political interference in the prosecution of apartheid-era crimes arising out of the Truth and Reconciliation Commission (TRC) report.
Former TRC commissioner and senior counsel advocate Dumisa Ntsebeza made damning findings in his report to the National Prosecuting Authority (NPA) on failure by government to prosecute those responsible for atrocities during apartheid.
This was after the TRC refused amnesty to some of the former apartheid police officers.
Other officials did not apply for amnesty when the TRC submitted its report.
Former President Thabo Mbeki denied that there was political interference to stop the prosecution of those implicated in apartheid crimes.
Lamola said he was still making up his mind on whether there should be an inquiry that the NPA failed to act against people implicated in the commission of crimes during apartheid.
“A determination on whether there was a violation of section 32(1)(b) read with section 41(1) of the NPA Act has not been made as of yet. Such can only be made once the allegations have been properly canvassed by either a Commission of Inquiry, or a criminal investigation conducted by the South African Police Service (SAPS) or the Directorate for Priority Crime Investigation (DPCI).
“The Minister is still considering all the options with regards to the recommendations for a Commission of Inquiry,” said Lamola.
Lamola was replying to a written parliamentary question from Good Party MP Brett Herron on whether there was political interference in the prosecution of crimes committed during apartheid.
Herron also wanted to know if the matter has been referred to the SAPS or the Hawks after judgment in the late apartheid police officer, Joao Rodrigues’ case and the Ntsebeza report.
Rodrigues was applying for a stay of prosecution after he was charged for the murder of anti-apartheid activist Ahmed Timol in the early 1970s.
Rodrigues died in 2021 at the age of 82 before the case could be finalised. At the time of his death, Rodrigues had appealed to the apex court, the judgment of the Supreme Court of Appeal that turned down his application for a permanent stay of prosecution.
Lamola said the NPA did not fail to prosecute apartheid-era crimes that came out of the TRC report.
He said some of the TRC cases were currently before court.
The NPA appointed Ntsebeza to look at measures taken by it to prosecute cases from the TRC.
“However, in the process of review, said senior counsel had reason to believe that there was information that would amount to a violation of Section 41(1) of the NPA Act, 32 of 1998.
“Adv Ntsebeza, SC, was, however, unable, due to ‘lack of an investigative arm’, to make a recommendation in respect of an investigation in terms of section 41(1) of the NPA Act, 32 of 1998. Instead, he recommended a commission of inquiry to allow implicated individuals to be given a platform to respond to the grave allegations against them.”
Lamola said he was yet to make a decision on the recommendation by Ntsebeza regarding a commission of inquiry into the matter.
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