By Lehlohonolo Lehana.
Minister of Justice and Constitutional Development Mmamoloko Kubayi appeared before the TRC Cases Commission of Inquiry at the Sci-Bono Discovery Centre in Newtown, Johannesburg on Friday, 07 August 2026.
The inquiry continues investigating whether political interference and decisions by state officials blocked the investigation and prosecution of apartheid-era crimes.
Kubayi testified on the Justice Department’s role in dealing with apartheid-era cases, including its implementation of recommendations made by the Truth and Reconciliation Commission (TRC).
Kubayi maintained that while court judgments and National Prosecuting Authority (NPA) documents refer to executive interference, she cannot accept those conclusions without examining the evidence herself.
She said that since joining Cabinet in 2017, she has not seen any Cabinet resolution directing (TRC) cases be abandoned or discussed in a way that prevented prosecutions.
Her evidence came during questioning by Advocate, Howard Varney, who represents families of apartheid victims.
Varney confronted the minister with a Supreme Court of Appeal judgment and National Prosecuting Authority documents that suggest executive interference contributed to delays in prosecuting apartheid-era crimes.
Kubayi maintained the events predated her tenure in government and said she could not endorse claims of political interference without assessing the underlying evidence. She added that the Commission was established to determine what happened and that government would await its findings before drawing conclusions.
The minister also defended government’s efforts to implement the recommendations of the Truth and Reconciliation Commission, arguing that justice extends beyond criminal prosecutions.
She told the inquiry government has reopened apartheid-era inquests, overseen exhumation and reburial projects, expanded housing reparations, and introduced funding for victims’ families to travel and attend court proceedings.
Kubayi said the measures are aimed at strengthening accountability while helping families achieve long-awaited closure.
She questioned former National Director of Public Prosecutions (NDPP) head Advocate Shamila Batohi’s memo that admitted to political interference which led to the stalling of the investigations and prosecution of TRC cases.
The memo was directed to former Justice minister Ronald Lamola but Kubayi testified that there was no record of it in the department.
The minister said it was standard procedure that such a document would have the minister’s signature. Furthermore, she testified that the memo was not in the records of the department but rather on the records of the National Prosecuting Authority (NPA).
Kubayi said therefore she could not comment on the document or agree with Batohi’s admission to political interference. She pointed out that when she was deployed to the portfolio, Batohi was still serving as NPA head.
She added that when she arrived in the portfolio, she would have expected Batohi to “jump at the opportunity” and brief her about the challenges the NPA was experiencing with TRC cases, but this did not happen.
Meanwhile former presidents Jacob Zuma and Thabo Mbeki have approached the Constitutional Court to have TRC cases inquiry chairperson Justice Khampepe removed.
This follows a High Court ruling that cleared Khampepe to remain chair of the inquiry.
The judgment handed down electronically on 30 March said Mbeki and Zuma failed to get prior consent from the Chief Justice before instituting the review proceedings against Khampepe. They challenged her role, alleging she failed to disclose past recommendations on TRC cases.