By Lehlohonolo Lehana.
President Cyril Ramaphosa has agreed to establish a judicial commission of inquiry into alleged political interference to prevent the investigation or prosecution of apartheid-era crimes referred by the Truth and Reconciliation Commission (TRC) to the National Prosecuting Authority (NPA).
Ramaphosa made the concession after he and several government agencies were sued by 20 victims or representatives of families impacted by the murder, torture and abductions meted out by apartheid security forces.
The families alleged that successive governments since the late 1990s had failed to properly investigate unresolved killings, disappearances and other crimes during the time of forced racial segregation despite recommendations made by the post-apartheid TRC.
The African National Congress (ANC) was the organization at the forefront of the battle against the system of white minority rule and led South Africa to democracy. Apartheid ended in 1994.
“Allegations of improper influence in delaying or hindering the investigation and prosecution of apartheid-era crimes have persisted from previous administrations. Through this Commission, Ramaphosa is determined that the true facts be established and the matter brought to finality, presidency said in a statement.
“The establishment of the Commission of Inquiry is the outcome of settlement discussions in a court application brought by families of victims of apartheid-era crimes.”
“Government has maintained that these outstanding matters would be most appropriately addressed through the Commission of Inquiry, and will therefore be included in the Commission’s terms of reference, read the statement.”
One of the most prominent unresolved cases is that of the Cradock Four, a group of Black anti-apartheid activists who were abducted and murdered by security forces in 1985. Their bodies were burned and security officers are suspected of torturing them.
Fullview learnt that the plaintiffs have rejected the suggestion by the president’s team that the commission deal with a claim for R167 million in damages as the commission “has no power to determine rights and remedies” and can only offer advice.
In response, the President said, he respects the decision of the families to continue to seek an order on the violation of their rights and constitutional damages through the courts.
However government will be seeking a stay of application on these outstanding matters pending the conclusion and outcomes of the Commission of Inquiry, added presidency.
“The Presidency will shortly make an announcement on the head of the Commission of Inquiry, the time frames and the full terms of reference, concluded the statement.