South Africa appoints judges to probe Apartheid-era injustice

The country’s leader has said delays in historical prosecutions have caused anguish for the families of victims

President Cyril Ramaphosa has appointed retired Constitutional Court Judge Sisi Khampepe to chair the Truth and Reconciliation Commission (TRC) Inquiry into prosecutorial and investigation delays into apartheid era crimes.

Khampepe will be assisted by retired Judge President Frans Diale Kgomo and Adv Andrea Gabriel SC.

The commission will cover the period from 2003 to the present.

Ramaphosa has signed a proclamation for the establishment of a judicial commission of inquiry to determine whether attempts were made to prevent the investigation and prosecution of apartheid-era crimes.

In a statement by the presidency, the establishment of the commission of inquiry is part of an agreement reached in settlement discussions in a court application brought by families of victims of apartheid-era crimes.

Ramaphosa said: “For many years, there have been allegations of interference in these cases. This alleged interference is seen as the cause of an unacceptable delay in the investigation and prosecution of brutal crimes committed under apartheid. This has caused the families of victims great anguish and frustration. 

“All affected families – and indeed all South Africans – deserve closure and justice. A commission of inquiry with broad and comprehensive terms of reference is an opportunity to establish the truth and provide guidance on any further action that needs to be taken.”

Ramaphosa said the commission will inquire into, make findings, report on and make recommendations on: Were there any efforts to stop SAPS or the NPA from investigating TRC cases? Who made these efforts, and why? Did any SAPS or NPA members improperly cooperate with those trying to influence or pressure them? Should the state take action—like more investigations or prosecutions—against anyone who broke the law? Should any person receive constitutional damages, and if so, how much?

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Victims and their families with a vested interest in TRC cases, including those involved in the current legal proceedings, are among the key stakeholders.

The Commission of Inquiry, established by agreement between the families and the government, has six months to complete its work and must submit its report within 60 days thereafter.

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While both sides agreed to the commission’s formation, unresolved issues remain—the government sees them as commission matters, while families seek court adjudication.

As the commission began its work, the government welcomed the NPA and SAPS’s commitment to investigating and prosecuting unresolved TRC cases, with dedicated resources already in place for priority matters.

Ramaphosa emphasised the importance of holding those who committed apartheid-era crimes without amnesty accountable and expressed hope that the inquiry would help uncover the truth and bring closure to a painful chapter in the nation’s history.

First published by IOL