PRESS RELEASE
To: All Media
Attn: News Editors, Human Rights Reporters
For Immediate Release
15 February 2024
The Foundation for Human Rights welcomes the NPA’s release of the Ntsebeza report, and urges action on key recommendations
The Unfinished Business of the TRC Programme at the Foundation for Human Rights (FHR) welcomes the release of the ‘Ntsebeza Report’ on the work of the Truth and Reconciliation Commission (TRC) Component within the National Prosecuting Authority (NPA).
Advocate Dumisa Ntsebeza SC was appointed by the NPA to review the structures and effectiveness of its TRC component, effective since 2021, following the findings in the 2019 Rodrigues judgment that there was political interference in the work of the TRC prosecutions and related matters between 2003 and 2017.
The release of the report is an important development towards transparency within the NPA. We are disappointed however that the report was released without its Annexure C containing the list of TRC cases under investigation by the Directorate of Priority Crimes Investigations (DPCI). These are cases that were presented before the TRC and form part of the public record. We do not believe that there is any reason to seal the list of cases under investigation. In addition, publication of the list may encourage members of the public to come forward with information and leads in relation to specific cases.
Whilst the report was released some seven months after its completion, delaying crucial insights and recommendations, the FHR will continue to engage with the NPA on the extent to which the recommendations are accepted and implemented.
The FHR welcomes the recommendation calling for the establishment of a Commission of Inquiry in paragraph 150.9 of the report. This is essential for investigating the extent of political interference in the work of the NPA, the police and other state institutions between 2003 and 2017.
Since 2019, the former TRC commissioners, civil society organisations and the families of victims and survivors have been calling on the President to set up an independent and public commission of inquiry into the decision by the democratic government not to pursue TRC cases. These requests have fallen on deaf ears.
Furthermore, we urge swift action on key recommendations outlined in the report, including the fast-tracking of TRC cases. It is imperative that the NPA expedites the finalisation of policies and training manuals for TRC prosecutors, enhances coordination with relevant agencies, and utilises technology for better investigation and documentation.
The Unfinished Business of the TRC Programme at the FHR reaffirms its commitment to supporting efforts aimed at achieving justice and accountability in South Africa. We call on the government, civil society organisations, and all stakeholders to prioritise the implementation of the recommendations of the report and to work collaboratively towards holding relevant parties accountable.
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For media enquiries contact:
Humairaa Mayet, at hmayet@fhr.org.za
Gina Snyman, at gsnyman@fhr.org.za
For more information on the Unfinished Business of the Truth and Reconciliation Commission Programme that is run by the Foundation for Human Rights consult our website: https://unfinishedtrc.co.za