TRC inquiry hears apartheid-era case classification hampered investigations

By Simon Nare

The inquiry into the handling of Truth and Reconciliation Commission (TRC) cases has heard that the National Prosecuting Authority’s (NPA) classification of apartheid-era crimes as “special offences” frustrated and hindered investigations into cases referred by the TRC.

Advocate Howard Varney, representing the families of the Cradock Four, told the inquiry, chaired by retired Constitutional Court Justice Sisi Khampepe, that the NPA incorrectly classified apartheid-era crimes instead of treating them as organised crimes as defined in law.

However, former deputy head of the Directorate of Special Operations (Scorpions), Geophrey Ledwaba, maintained that the legislation was open to interpretation and that then National Director of Public Prosecutions Bulelani Ngcuka had the authority to classify the cases as special offences.

Ledwaba, who was under cross-examination on Monday, said the classification neither disrupted nor delayed investigations. He argued that when the cases were later transferred to another unit outside Ngcuka’s office,