Pretoria: President Cyril Ramaphosa has signed a proclamation to establish a judicial commission of inquiry aimed at determining whether attempts were made to obstruct the investigation and prosecution of apartheid-era crimes.
According to South African Government News Agency, the commission will be led by retired Constitutional Court Judge Sisi Khampepe, with assistance from retired Northern Cape Judge President Frans Diale Kgomo and Adv Andrea Gabriel SC. The initiative is a result of settlement discussions in a court application initiated by families of victims of apartheid-era crimes.
The Presidency stated that for years, allegations of interference in these cases have been made, contributing to unacceptable delays in investigating and prosecuting brutal crimes committed under apartheid. This situation has caused significant distress among the families of victims, who seek closure and justice.
The commission is tasked with investigating several key issues: whether attempts were made to influence the South African Police Service (SAPS) or National Prosecuting Authority (NPA) not to investigate or prosecute cases identified by the Truth and Reconciliation Commission (TRC); whether any SAPS or NPA members colluded improperly; whether any state action, including further investigations or prosecutions, is warranted; and whether constitutional damages should be paid to affected individuals.
The commission will examine the period from 2003 to the present and will include interested parties such as victims or families of victims in TRC cases. The commission is expected to complete its work within six months and submit its report within 60 days thereafter.
While the establishment of the commission was agreed upon by the families of victims and the government, other matters remain unresolved in the application. The government believes these will be addressed through the commission, whereas the families prefer court determination. The government is seeking a stay of application on these matters pending the commission’s outcomes.
President Ramaphosa emphasized the commitment of the NPA and SAPS to investigate and prosecute outstanding TRC cases, noting that dedicated resources have been assigned for effective handling. He reaffirmed the government’s resolve to hold accountable those responsible for apartheid crimes who were not granted amnesty by the TRC.
The President views the commission as an opportunity to address a painful chapter in the country’s history, establish the truth, and rectify past wrongs. He expressed gratitude to the commission’s chairperson and assistants for their willingness to undertake this responsibility.