By Akani Nkuna
President Cyril Ramaphosa has signed a proclamation establishing a judicial commission of inquiry to investigate delays in the prosecution of apartheid-era crimes, in a move hailed as a potential breakthrough for long-suffering families of victims, yet one that is also attracting scepticism from some quarters.
Ramaphosa, while admitting the frustration of justice, signed the proclamation in an attempt to stay the application of a court case brought by families of apartheid-era victims.
“For many years, there have been allegations of interference in these cases. This alleged interference is seen as the cause of an unacceptable delay in the investigation and prosecution of brutal crimes committed under apartheid,” said Ramaphosa in a statement on Thursday.
The commission, which will cover the period from 2003 to the present, will be chaired by retired Constitutional Court Justice Sisi Khampepe.
She will be supported by retired Northern Cape Judge President Frans Diale Kgomo and Senior Counsel Andrea Gabriel.
The inquiry seeks to determine whether deliberate attempts were made to suppress investigations and prosecutions of cases identified by the Truth and Reconciliation Commission (TRC), and whether any members of the South African Police Service (SAPS) or National Prosecuting Authority (NPA) were complicit in such efforts.
The decision to establish the commission stems from a court case brought by families of apartheid-era victims.
These families, including the relatives of prominent figures such as Fort Calata of the Cradock Four, have accused successive post-apartheid administrations of obstructing justice in favour of political stability.
The commission’s mandate is broad, investigating whether attempts were made to prevent SAPS or the NPA from acting on TRC-referred cases; and whether any state officials colluded in these efforts.
In addition, it will find what further actions, including prosecutions, may be necessary; and whether constitutional damages should be paid to affected families.
The commission is expected to complete its work within six months, with a report due within 60 days thereafter.
The TRC, established in 1996, documented widespread human rights violations under apartheid and referred numerous cases for prosecution, particularly where amnesty was denied.
However, only a handful of those cases ever reached the courtroom.
High-profile matters such as the 1985 murders of the Cradock Four remain unresolved, despite damning testimony presented at the TRC and public calls for accountability.
Among the leading voices calling for justice is Lukhanyo Calata, the son of Fort Calata.
He has long argued that post-1994 governments deliberately buried the TRC’s work.
The group of families pursuing litigation sees the new commission as a partial victory, though their broader legal effort, seeking constitutional damages and official acknowledgment of rights violations, remains unresolved.
While both the government and victims’ families agreed to the commission’s formation, they remain at odds over the path to accountability
The government argues that unresolved issues can be addressed through the commission, while the families maintain that only a court can ensure justice.
Imtiaz Cajee, nephew of murdered activist Ahmed Timol, has expressed deep scepticism, reportedly stating that it does not make sense to hold the commission of inquiry to investigate the allegations.
Cajee maintained that a simple criminal case would have made a finding on whether NPA officials failed to execute their duties and warned that the commission could mirror costly but inconclusive inquiries such as the State Capture and Marikana commissions.
Still, the Presidency insists the commission is an opportunity to restore faith in the justice system and advance national healing.
The NPA and SAPS have also reaffirmed their commitment to prosecuting outstanding TRC cases.
In recent years, several cases have been reopened, and dedicated resources have been allocated to pursue them.
The president described the commission as an opportunity to draw a line under a painful period in the country’s history, establish the truth and facilitate the possibility of righting any wrongs.
INSIDE POLITICS