On Thursday 30 June 2026, Dumisa Ntsebeza Senior Counsel gave evidence to the Truth and Reconciliation Commission (TRC) Cases ‘Khampepe’ Commission of Inquiry. Ntsebeza SC is a practicing advocate who was a commissioner at the Truth and Reconciliation Commission. In 2023, Ntsebeza SC was appointed by the National Prosecuting Authority (NPA) to “review the measures that had been adopted to deal with and prosecute TRC matters and to provide recommendations as needed”. Ntsebeza SC’s report, which was published in February 2024 after a 7 month delay by the NPA, found that the NPA and the Priority Crimes Litigation Unit (PCLU) were swayed from their constitutional and statutory duties in relation to the TRC Cases. Ntsebeza SC’s affidavit can be found here.
In his evidence to the TRC Cases Inquiry, Ntsebeza SC spoke to an informal agreement between De Klerk government and the ANC leadership to prevent the investigation and prosecution of apartheid era crimes. He also spoke to the role of political interference in preventing the investigation and prosecution of these crimes between 2003 to 2017. In his concluding remarks, he spoke the ‘shameful lack of political will to deal with the issue of accountability for the apartheid-era victims of gross human right violations.’ He concludes that the suppression of TRC cases ‘stands as a terrible stain on South Africa’s post-apartheid history’ and is in his view ‘unforgiveable.’ Video highlights of his evidence can be found below.
Dumisa Ntsebeza SC’s testimony before the Khampepe Commission on 30 April 2026 on FW de Klerk’s 5 July 2021 statement that “Because of an informal agreement between the ANC leadership and former operatives of the pre-1994 government, the NPA suspended its prosecutions of apartheid era crimes”.
Dumia Ntsebeza SC’s testimony before the Khampepe Commission on 30 April 2026 rejecting the claims by the government parties that the investigation of TRC cases was delayed by the negligence or incompetence of individual prosecutors, rather than political interference.
Dumisa Ntsebeza SC’s concluding remarks before the Khampepe Commission on 30 April 2026.
