By Staff Reporter
A judicial commission of inquiry is being established to probe whether investigations or prosecutions of apartheid-era crimes referred by the Truth and Reconciliation Commission to the National Prosecuting Authority have been obstructed.
The Presidency said on Wednesday that President Cyril Ramaphosa was determined that the matter be brought to finality following decades of allegations on the matter.
The establishment of the commission is the outcome of settlement discussions in a court application brought by families of victims of apartheid-era crimes.
Following discussions involving the Presidency, the families and other government bodies cited in the application, there was a joint agreement to establish the commission.
This follows the Presidency’s statement in February 2025 in support of a commission that would investigate delays in the prosecution of these cases.
While the parties have agreed to the establishment of the commission, they have not been able to reach a settlement on other matters in the application.
It said these included the application for an order that declared the actions of various government entities unlawful and a violation of the applicants’ rights, as well as the payment of constitutional damages by the state.
“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,” the Presidency aid in a statement.
It said a commission with broad and comprehensive terms of reference was an opportunity to establish the truth and provide guidance on appropriate remedies.
Ramaphosa appreciated the anguish and frustration of the victims’ families and respected their decision to continue to seek an order on the violation of their rights and constitutional damages through the courts, the presidency said.
The government would seek a stay of application on these outstanding matters pending the conclusion and outcomes of the commission.
The Presidency will shortly announce the head of the commission, its timeframes and full terms of reference.
INSIDE POLITICS