By Thapelo Molefe
Former police minister and ANC Secretary-General Fikile Mbalula has denied ever influencing investigations or prosecutions arising from Truth and Reconciliation Commission (TRC) cases, telling the Khampepe Commission of Inquiry that the minister of police has no authority over criminal investigations.
Testifying before the commission on Wednesday, Mbalula rejected allegations that he played any role in delaying or obstructing apartheid-era cases referred by the TRC.
The commission is investigating whether police officials and prosecutors unlawfully interfered with or delayed investigations and prosecutions stemming from the TRC process.
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Mbalula served as deputy minister of police from 2009 to 2010 and as minister of police from March 2017 to May 2018.
“As minister of police, I was never involved in TRC cases. I did not have authority to determine, direct or provide resources to any investigations relating to the TRC cases. Neither did I determine or influence decisions relating to the prosecution of TRC cases. I played no role whatsoever in the TRC cases,” Mbalula told the commission.
He said he never met with families connected to the cases and was never briefed by investigators or prosecutors handling TRC-related matters.
“I did not hold meetings or consultations with any member of the families related to the TRC cases. I did not receive a briefing from any member of the police investigating TRC cases, nor did I receive a briefing from any member of the National Prosecuting Authority responsible for prosecuting TRC cases,” he said.
Mbalula maintained that the minister of police is responsible for policy, not operational policing.
“The minister is responsible for policy, and not operations within the police portfolio. The minister of police therefore has no legal authority to determine or direct criminal investigations. The minister also plays no role in the allocation of operational resources to criminal investigations,” he said.
During cross-examination, evidence leader Advocate Howard Varney questioned Mbalula about reports that the Directorate for Priority Crime Investigation (DPCI) had postponed work on some TRC-related cases until after the 2010 FIFA World Cup.
Asked whether he had any knowledge of such a decision, Mbalula said he did not.
“I never had such a decision. From what you are presenting, counsel, it is quite clear that the Directorate for Priority Crime Investigation would be better placed to explain what informed that decision,” he said.
The commission also heard questions relating to the case of anti-apartheid activist Ahmed Timol, who died in police custody in 1971. Mbalula said he could not recall any delays in the matter during his tenure.
Addressing concerns raised by families of apartheid-era victims over reparations, Mbalula said compensation should be dealt with through the appropriate legal processes.
“I think we must follow the processes to the letter in relation to outstanding matters, and one of those is the matter of compensation, which has to be addressed in the right way. We need to be clear about what we are doing here,” he said.
Mbalula acknowledged that victims’ families had waited too long for justice and said they deserved answers on the handling of TRC-referred cases.
Proceedings were adjourned after another witness scheduled to testify was declared medically unfit.
The commission is expected to resume hearings on Thursday.
