By Lehlohonolo Lehana.
The Judicial Commission of Inquiry into Truth and Reconciliation Commission (TRC) related cases has written to presidency to request an extension amid delays.
The commission was scheduled to kick off on the 10 November 2025 but did not hear any oral arguments and it was postponed indefinitely.
This was due to parties in the inquiry planning to bring a recusal application against chief evidence leader Advocate Ishmael Semenya.
Semenya was part of the counsel who worked on the National Prosecuting Authority (NPA) policy of 2005, which was developed to address apartheid-era crimes.
The Department of Justice and the NPA believe Semenya’s involvement in the policy, which is at the centre of the commission’s hearings, will have adverse findings.
The commissioners still need to rule on the application.
The commission’s spokesperson, Lionel Ardendorf, stated that requesting the extension was a difficult decision for retired Justice Sisi Khampepe, who is known for concluding her commissions on time and within budget.
“The motivation was the fact that the commission was announced on the 29th of May and for two months nothing has happened because the first staff member of the commission only started on the first of August 2025, which slowed the commission’s progress. The first witness is now expected to testify at the end of January 2026.
President Cyril Ramaphosa initially gave the commission six months to carry out its work. Six months later, the first witness has yet to take the stand, and the commission was compelled to ask the President for an extension.
The report, compiled by advocates Dumisa Ntsebeza SC, a former TRC commissioner, and Sha’ista Kazee, recommended that a commission of inquiry investigate the extent of, and rationale behind, the political interference with the NPA between 2003 and 2017.
The NPA has refused to release Annexure 3 of Ntsebeza’s report into whether anyone should be charged with “interference” with the TRC cases.
The TRC Report made 15,000 findings, in 3,500 pages, and of the TRC’s 37 recommendations, most were ignored by government.
Of the 7,115 applications for amnesty, only 1,154 were granted, with a further 250 getting partial amnesty. Of those who were refused amnesty, nearly all escaped prosecution.