FHR, TRC families demand clarity from Mbeki on the halting of TRC Investigations

Media Statement

The FHR (Foundation for Human Rights) and the 25 families of victims and survivors of Apartheid-era human rights violations brought forward before the TRC (Truth and Reconciliation Commission) look forward to the appearance of former President Thabo Mbeki next week before the Judicial Commission of Inquiry into Allegations Regarding Attempts to Stop the Investigation or Prosecution of TRC Cases.

 Failed legal challenge

Mr Mbeki is expected to appear before the commission of inquiry – colloquially referred to as the Khampepe Commission – on Monday 19 October and Tuesday 20 October. This comes after losing a legal challenge to have inquiry chairperson, former Constitutional Court Justice Sisi Khampepe, recused. The commission is investigating allegations of interference in the investigation and prosecution of cases of Apartheid-era gross human rights violations heard at the TRC.

Former members of Mr Mbeki’s cabinet are also scheduled to testify next week. Former Minister of Justice and Constitutional Development, Brigitte Mabandla is expected to appear on Wednesday, while Ronnie Kasrils and Charles Nqakula, former Ministers of Intelligence Services and Safety and Security respectively, are scheduled to appear on Thursday and Friday.

Mr Mbeki and his successor, former President Jacob Zuma, were both subpoenaed to appear before the inquiry, but lodged separate applications for Justice Khampepe’s recusal, citing bias on her part. Their appearance at the commission was suspended pending their legal efforts, which were dismissed by the Constitutional Court in September (Zuma & Another v Chairperson of the TRC Cases Inquiry, (CCT 90/26)). The judgment cleared the way for the commission to continue its work, and Mr Mbeki and Mr Zuma are now required to testify. Mr Zuma was due to appear next week but has submitted a medical certificate indicating that he is unwell.

A case to answer

Mr Mbeki held the positions of Deputy President and President during the period in which key decisions were taken in relation to the handling of the TRC cases. It appears that discussions between former Apartheid generals and the ANC took place in the 1990s and early 2000s on what approach to take with the cases. While Mr Mbeki was president, Cabinet approved new measures in relation to the handling of those cases. During this period, little progress was made on the cases, and investigations came to a halt.

Ms Mabandla served between April 2004 and September 2008. In 2015, the court case brought by current Human Settlements Minister Thembi Simelane, compelling the NPA (National Prosecuting Authority) and the SAPS (South African Police Service) to make a decision in her sister Nokuthula’s murder case, disclosed a secret memorandum addressed by then NDPP (National Director of Public Prosecutions) Advocate Vusi Pikoli to Mabandla in 2007. In the memorandum, Pikoli complained that there had been improper interference in relation to the TRC cases, and that he had been obstructed from taking them forward.

Most recently, before the commission, Deputy NDPP Dr Silas Ramaite testified that Ms Mabandla had directed him to suspend the TRC cases pending the development of new prosecutorial guidelines to deal with them. Ramaite stated in his affidavit that this instruction interfered with the prosecutorial independence of the NPA.

It is the hope of the FHR and the victims and survivors’ families that this week’s proceedings will provide clarity on the decisions taken to halt investigations and prosecutions arising from the TRC process. It is further hoped that the former leaders will take responsibility for the years of inaction and lack of progress in these cases, and to apologise to the victims, survivors and their families.

“We at the FHR look forward to hearing Mbeki’s version of events. Based on the evidence that has been presented thus far before the commission, we believe that there is a case to answer ”, said Executive Director Zaid Kimmie.

“After so many years of waiting and obfuscation, the families really look forward to a candid explanation of why they have been denied justice.”

ENDS

Enquiries: media@fhr.org.za or 072 905 7696