By Simon Nare
Former justice and constitutional development minister Dr Penuell Maduna has denied that a moratorium was imposed on the investigation and prosecution of apartheid-era crimes during his tenure, telling the Truth and Reconciliation Commission (TRC) inquiry that any delays were linked to the National Prosecuting Authority (NPA) developing a lawful prosecution policy.
Giving evidence on Tuesday before the commission of inquiry chaired by retired Constitutional Court Justice Sisi Khampepe, Maduna said there was no official decision to halt investigations or prosecutions while he served as minister from 1999 to 2004.
Instead, he said prosecutors had to wait until the NPA finalised a policy governing the handling of TRC-related cases in line with the Constitution and the law.
Maduna also outlined the resource constraints facing the new democratic government, saying it inherited an under-resourced justice system from the apartheid administration while experienced personnel were leaving the public service.
The commission is investigating whether there were attempts to delay, obstruct or prevent the investigation and prosecution of apartheid-era crimes referred by the TRC, and whether state officials or institutions interfered in those processes.
Maduna said he had no knowledge of any collusion, influence or pressure exerted on members of the South African Police Service (SAPS) or the NPA to stop investigating or prosecuting TRC cases.
He also rejected claims that he had devised or enforced a moratorium on such prosecutions.
“As I understand it, the moratorium that is alleged to have been put in place against the prosecution of TRC cases was not an official, documented moratorium, but a practical stance adopted until such time the prosecution policy amendment was finalised,” said Maduna.
“For the record, I restate that I have never influenced or pressured anyone to investigate or prosecute the TRC cases because of this so-called moratorium. Further, I have not been implicated in such malfeasance.”
Maduna said that in preparing for his testimony he consulted former national director of public prosecutions Advocate Bulelani Ngcuka and former justice department director-general Advocate Vusi Pikoli, who later also headed the NPA. Both, he said, confirmed that he had never interfered in their work relating to TRC cases.
He told the commission his only direct involvement with TRC-related matters stemmed from the Convention for a Democratic South Africa (Codesa), where he represented the ANC during negotiations that paved the way for the country’s democratic transition.
Reflecting on the negotiations, Maduna described the process as challenging and said negotiators had underestimated the level of political violence that would continue despite progress towards democracy.
He referred to the withdrawal of the Inkatha Freedom Party (IFP), led by Mangosuthu Buthelezi, from the negotiations before eventually agreeing to participate in the 1994 elections.
Maduna said the negotiations laid the foundation for the TRC’s amnesty process, under which perpetrators of apartheid-era crimes could receive amnesty if they made full disclosure and met the required criteria.
He said expectations that perpetrators would voluntarily come forward proved unrealistic, with many choosing not to participate in the TRC process.
“Maybe we were naïve when we started the process of talks about talks. We thought human beings would suddenly stop being human beings,” said Maduna.
“Some of us were completely surprised that this country was so much more violent after the release of Nelson Mandela. The so-called black-on-black violence. So we had to understand human beings totally from scratch. We thought that all of us from either side of the struggle against apartheid would behave totally differently.”
Maduna concluded his evidence-in-chief on Tuesday.
The commission is still considering an application by legal representatives of victims’ families to cross-examine him.
He is expected to return to testify if the application is granted.
INSIDE POLITICS
