Ramaphosa to establish Judicial Commission to probe unresolved apartheid-era crimes

To address past injustices, President Cyril Ramaphosa is in the process of establishing a Judicial Commission of Inquiry to investigate whether attempts were made to obstruct the investigation or prosecution of apartheid-era crimes.

These cases, referred by the Truth and Reconciliation Commission (TRC) to the National Prosecuting Authority (NPA), have long been a source of frustration for victims, their families, and human rights advocates.

Earlier this year, a legal challenge was brought before the Gauteng High Court in Pretoria by survivors and relatives of victims of gross human rights violations under apartheid, along with the Foundation for Human Rights (FHR). 

The plaintiffs seek a high court declaration condemning the conduct of current government officials, including President Ramaphosa, Justice and Constitutional Development Minister Mmamoloko Kubayi, Police Minister Senzo Mchunu, National Director of Public Prosecutions Shamila Batohi, and SAPS National Commissioner Fannie Masemola. 

They alleged that these officials have unlawfully refrained from, or obstructed investigations and prosecutions of apartheid-era crimes.

On Wednesday, the Presidency issued a statement acknowledging the persistence of allegations that previous administrations improperly influenced or delayed these investigations.

The statement emphasised President Ramaphosa’s commitment to uncovering the truth.

“Through this Commission, President Ramaphosa is determined to establish the facts and conclude the matter.

“The establishment of this Commission follows extensive settlement discussions involving the government, the families of victims, and other stakeholders,” read the statement.

The Presidency explained that these discussions culminated in a joint agreement to create the inquiry, which aims to shed light on the delays and obstacles that have hampered justice for apartheid-era crimes.

Scope of the Commission and Outstanding Matters

While the parties agreed to form the commission, the Presidency said some issues remain unresolved.

Notably, the Presidency disclosed that there is disagreement over the government’s liability for actions deemed unlawful, including claims for constitutional damages and declarations of rights violations. 

The Presidency stated that these matters would be addressed through the inquiry’s terms of reference.

“The 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.”

President Ramaphosa has reiterated his dedication to providing closure for victims’ families, emphasising that a comprehensive inquiry offers the best opportunity to establish the truth and determine appropriate remedies.

A Path Toward Justice and Closure

The President expressed understanding of the families’ frustrations and their ongoing pursuit of justice.

“President Ramaphosa appreciates the anguish and frustration of the victims' families, who have fought for so many years for justice.”

The Presidency said that while these families continue to seek legal remedies for violations of their rights and claim constitutional damages, the government intends to pursue a stay of these legal proceedings, pending the outcomes of the commission.

The Presidency has announced that further details will be communicated, such as the appointment of the Commission’s head, timelines, and complete terms of reference.

thabo.makwakwa@inl.co.za

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