President Cyril 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.
The commission will be chaired by retired Constitutional Court Judge Sisi Khampepe. She will be assisted by retired Northern Cape Judge President Frans Diale Kgomo and Adv Andrea Gabriel SC.
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.
President 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.”
The Commission must inquire into, make findings, report on and make recommendations on:
– whether, why, to what extent and by whom attempts were made to influence members of the South African Police Service or National Prosecuting Authority not to investigate or prosecute cases identified by the Truth and Reconciliation Commission;
– whether any members of the SAPS or the NPA improperly colluded with such attempts to influence or pressure them;
– whether any action should be taken by an Organ of State, including possible further investigations or prosecutions, of persons who may have acted unlawfully;
– whether the payment of any amount in constitutional damages to any person is appropriate.
The commission will cover the period from 2003 to the present.
Interested parties include victims or families of victims in TRC cases who have a substantial interest in these matters, including parties in the current application proceedings against the President and government.
The commission will be expected to complete its work within six months from the date of this proclamation and submit its report within 60 days after the completion of its work.
While the families of victims and government have agreed to the establishment of the Commission of Inquiry, we were not able to reach a settlement on other matters in the application.
Government believes that these matters will be addressed through the commission of inquiry while the families want the matters to be determined by a court.
The President respects the decision of the families to seek a court order on the violation of their rights and constitutional damages through the courts. However, government is seeking a stay of application on these outstanding matters pending the conclusion and outcomes of the commission of inquiry.
“As the commission undertakes this important task, we welcome the firm commitment by the NPA and the South African Police Service to investigate and, where appropriate, to prosecute the outstanding TRC cases. In recent years, the NPA has reopened and pursued priority cases. It has assigned dedicated resources to ensure these cases are dealt with effectively.
“As this government, we are determined that those individuals responsible for apartheid crimes and who were not granted amnesty by the TRC be held to account.
“This commission of inquiry is an opportunity to draw a line under a painful period in our country’s history. It is an opportunity to establish the truth and take steps, to the extent possible, to put right what may have gone wrong.
“I thank the Commission chairperson and two assistants for agreeing to take on this responsibility and wish them well in their work,” President Ramaphosa said.
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