Pretoria: President Cyril Ramaphosa has signed a proclamation to establish a judicial commission of inquiry aimed at determining whether there were attempts to hinder the investigation and prosecution of apartheid-era crimes.
According to South African Government News Agency, the commission will be chaired by retired Constitutional Court Judge Sisi Khampepe, with assistance from retired Northern Cape Judge President Frans Diale Kgomo and Adv Andrea Gabriel SC. The move comes as part of a settlement agreement following a court application by families of apartheid-era crime victims.
The inquiry addresses long-standing allegations of interference, which many believe caused unacceptable delays in investigating and prosecuting crimes committed during apartheid. These delays have led to significant distress for the victims’ families, who have been seeking closure and justice for years. The commission aims to uncover the truth and provide guidance on potential further actions.
The commission’s mandate is to investigate whether members of the South African Police Service (SAPS) or the National Prosecuting Authority (NPA) were influenced not to pursue cases identified by the Truth and Reconciliation Commission. It will also examine if any SAPS or NPA members improperly collaborated with such influences, and if any actions should be taken against those who may have acted unlawfully. Additionally, the commission will consider the appropriateness of constitutional damages payments.
The inquiry will cover the period from 2003 to the present and will involve victims or families with a substantial interest in TRC cases, including those involved in current legal proceedings against the President and government. The commission is expected to complete its work within six months and submit a report within 60 days thereafter.
While both the families and the government agreed on the commission’s establishment, they could not settle other application matters. The government believes these will be addressed through the commission, while the families prefer court determinations. The President respects the families’ decision to seek court orders on rights violations and damages but seeks a stay on these matters pending the commission’s conclusions.
President Ramaphosa emphasized the government’s commitment to ensuring accountability for apartheid crimes, particularly for those not granted amnesty by the TRC. He noted that the NPA and SAPS are dedicated to investigating and prosecuting outstanding TRC cases, having reopened and prioritized several in recent years.
The President views the commission as a crucial step towards resolving a painful chapter in South Africa’s history, offering a chance to establish the truth and rectify past wrongs. He expressed gratitude to the commission’s chairperson and assistants for their willingness to undertake this responsibility.