By Lehlohonolo Lehana.
The Truth and Reconciliation Commission of Inquiry has laid bare a troubling picture of political fears, missing evidence and institutional resistance that stalled efforts to prosecute apartheid-era crimes.
During his appearance before the commission on Thursday, Former National Director of Public Prosecutions, Vusi Pikoli revealed that the TRC had already concluded its amnesty process.
Pikoli was head of the NPA between 2005 and 2008. President Thabo Mbeki suspended him, and he later got the axe from Kgalema Motlanthe.
His suspension triggered the establishment of the Ginwala Commission of Inquiry to determine his fitness to hold office.
He was, however, cleared of any wrongdoing.
Pikoli told the commission that in the lead-up to his suspension, there had been meetings with the ministers of social development, safety and defence, where concerns were expressed about proceeding with the cases and particularly Advocate Anton Ackerman’s involvement in the prosecution.
Pikoli testified that there were reports that Ackermann intended to prosecute ANC leaders — an allegation Pikoli said had no basis.
Without investigators from police, Pikoli said the Priority Crimes Litigation Unit — responsible for pursuing TRC-related prosecutions — struggled to advance many of the cases.
He told the commission he wrote several letters to police and government officials requesting investigative support, but those efforts were unsuccessful.
The issue of Ackermann’s involvement, Pikoli said, repeatedly resurfaced during interdepartmental meetings intended to ensure cooperation on the investigations.
Ackermann, who was the head of the Priority Crimes Litigation Unit in the NPA from 2003 until his retirement in 2013, meanwhile previously told the commission he never received a formal handover of hundreds of TRC dockets referenced in earlier reports.
He also testified that prosecutors found no legal basis to pursue charges against ANC leaders linked to armed struggle activities.
Ackerman told the commission how Mbeki’s administration created mechanisms to shield individuals from accountability.
These included the establishment of the Amnesty Task Team and the introduction of the Draft Amnesty Bill, culminating in amendments to the TRC’s prosecuting policy that became effective on December 1, 2005.
Pikoli acknowledged that it was a blunder to label the subcommittee of the Directors-General Forum as an “Amnesty Task Team”.
“I acknowledge that it was a mistake to use the term ‘Amnesty Task Team’,” Pikoli stated.
Amnesty Task Team was an entity set up outside the NPA to “provide input” on possible prosecutions.
He stressed the seriousness of this wording, especially considering South Africa’s delicate transitional justice environment.
However, Pikoli said he firmly believed that the establishment of the forum was the correct instrument to achieve some of the policy directions arising from President Thabo Mbeki’s 2003 announcement to Parliament.
In April 2003, in his address to Parliament, Mbeki noted the importance of ensuring justice continued to prevail for apartheid-era crimes, adding that there would be no general or blanket amnesty on these crimes. He authorised the NPA to continue to prosecute for justice to be served.
“I fully agree with what the president said in 2003, and I was fully committed to driving that process. The work of the DG’s Forum was to give effect to that policy position… The Directors-General Forum and the Amnesty Task Team were never meant to usurp prosecutorial powers from the NPA, and it never did,” he told the commission.
Pikoli indicated that Mbeki had wanted apartheid-era crimes to receive maximum attention through the forum, stating:” The president wanted, and he stated that there is still some outstanding work. This is even though he accepted the report of the TRC. His view was that not all matters relating to the TRC were concluded, and now that the TRC was no longer there, the government could find ways to ensure that outstanding matters were still followed up.”
Pikoli’s evidence was preceded by that of his precursor, former NPA head, Bulelani Ngcuka, who was asked to reflect on a secret memorandum from Pikoli to the then Justice minister Bridgitte Mabandla, where the former complained of political interference by the Directors-General Forum.
In further testimony, Pikoli revealed that fears about potential prosecutions involving members of the governing party created resistance to pursuing certain TRC-related cases.
He testified that Mabandla and former National Police Commissioner Jackie Selebi believed prosecutions flowing from TRC referrals could expose some ANC members to criminal charges.
Pikoli also told the inquiry that warnings were raised that some investigations might extend beyond apartheid security officials.
He testified that former apartheid-era police generals were believed to have compiled dossiers containing potentially damaging information about ANC leaders, which added further pressure not to proceed with prosecutions.
According to Pikoli, resistance to pursuing TRC cases came from multiple institutions, including the South African Police Service (SAPS), the Department of Justice, intelligence structures and elements within the executive.
Despite these obstacles, families of victims continued pressing for accountability while Parliament’s Justice Portfolio Committee was kept informed about the delays.
Pikoli’s testimony forms part of ongoing efforts by the TRC Commission to uncover why cases recommended by the TRC — including those linked to some of apartheid’s most notorious killings — remained dormant for years.