By Simon Nare
Former Justice and Constitutional Development Department Director-General Advocate Doctor Mashabane has told the inquiry into the handling of Truth and Reconciliation Commission (TRC) cases that the National Prosecuting Authority (NPA) faced a shortage of investigators but never approached him for additional funding.
Testifying before the inquiry chaired by retired Constitutional Court Justice Sisi Khampepe, Mashabane said he was aware, even before his appointment as director-general in 2019, that the National Director of Public Prosecutions (NDPP) was building the capacity of a special project to deal with TRC cases.
He said expanding the project would have required support from the Department of Public Service and Administration to create the necessary structure, as well as additional funding from the National Treasury.
However, Mashabane said that as the department’s accounting officer, responsible for administrative and financial matters, he could not recall ever receiving a request from the NPA for resources to strengthen its investigative capacity.
“I don’t recall ever the NDPP in this regard seeking assistance from me after engaging both departments,” he said.
Mashabane also rejected suggestions that he was involved in any political interference relating to the investigation or prosecution of TRC matters.
He said discussions about alleged political interference existed within the department when he assumed office, but maintained that prosecutorial decisions fell solely within the mandate of the NPA.
“Prosecutorial matters are the exclusive responsibility of the National Director, who reports to both the minister and Parliament. The director-general reports only on administrative matters because of the budget allocated to the NPA,” he told the commission.
Mashabane said he became aware of some TRC-related matters only when victims’ families sought inquests, but his involvement remained strictly administrative.
He cited the case of slain South African Communist Party General Secretary Chris Hani as one that came to his attention only in an administrative capacity.
“As a director-general, I have no direct interaction or involvement in such processes. These matters fell squarely within the office of the minister,” he said.
He argued that the NPA, not the department, was constitutionally responsible for accounting to Parliament for delays in prosecuting TRC cases.
Mashabane said neither the Constitution nor the National Prosecuting Authority Act gave him any authority to direct, supervise, influence or participate in prosecutorial decision-making.
“The National Director of Public Prosecutions, in terms of the Act, has a responsibility to report to both the minister and Parliament, and never to the director-general.
“The director-general is never expected to report on prosecutorial matters, delays, the slow pace of prosecutions, or non-prosecution whatsoever,” he said.
The inquiry, established by President Cyril Ramaphosa, is investigating whether there was political interference or undue delays in the investigation and prosecution of TRC-related cases.
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