NPA enhances steps to prosecute cases stemming from the TRC

Senior counsel Dumisa Ntsebeza has three months to assess and make recommendations, if necessary, to strengthen the National Prosecuting Authority's (NPA) handling of Truth and Reconciliation Commission (TRC) cases.

On Friday, the NPA announced the appointment of Ntsebeza to probe non prosecutions in TRC cases.

NPA spokesperson Mthunzi Mhaga said if Ntsebeza found evidence or information that amounted to interference in the work of the NPA it would be escalated to national director of public prosecutions (NDPP) Shamila Batohi.

“If necessary, the NPA will refer relevant matters for criminal investigation,” Mhaga said.

The NPA said on Friday it had taken  an important step to enhance its efforts to deal with and prosecute cases stemming from the TRC. Over the past two years it had focused on reopening and pursuing priority cases and enhancing its internal capacity and processes to ensure effective handling of these cases and prevent undue political influence.

It said 64 new cases had been registered for investigation and 25 prosecutors and 40 investigators had been appointed in the various divisions to deal with TRC matters. A detailed overview of these measures was presented to parliament in November last year.

Ntsebeza was appointed to review the measures adopted to deal with and prosecute TRC matters and to provide recommendations as needed.

Mhaga said this was in line with remarks made by the Johannesburg high court in the judgment of Rodrigues vs National Director of Public Prosecutions and Others in 2019.

In that case, the court was faced with the issue of political interference in the NPA in finalising the prosecution of Joao Rodrigues in connection with the murder of anti-apartheid activist Ahmed Timol.

The court held that the conduct  of the relevant officials and others outside the NPA at the time should be brought to the attention of the NDPP for her consideration and, in particular, to consider whether action was warranted.

The Rodrigues judgment also said there must be a public assurance from the executive and the NPA that the political interference that occurred in TRC cases would never occur again.

The court said the executive and the NPA should indicate the measures, including checks and balances, which would be put in place to prevent a recurrence of unacceptable breaches of the constitution.

Mhaga said the NPA would provide the necessary support to ensure Ntsebeza was able to finalise his report and recommendations within the timeline.

The move by the NPA has been welcomed by families of those who seek prosecutions of apartheid era cases. 

Imtiaz Cajee, the nephew of Timol, said the announcement by the NPA was long overdue.

Speaking to Newzroom Afrika, he said the allegations of political interference had been made before court since the mid-2000s by senior NPA officials.

Cajee said after the Rodrigues judgment he had written a letter to Batohi in February 2020, urging her to demonstrate a clear intent that the NPA was committed to investigating TRC cases and provide a detailed plan.

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