Parliament, Tuesday, 20 May 2025 – The Portfolio Committee on Justice and Constitutional Development is cautiously optimistic regarding the progress made in relation to prosecutions stemming from recommendations arising out of the Truth and Reconciliation Commission (TRC).
The committee today received briefings from several stakeholders including the National Prosecuting Authority (NPA), the Department of Justice and Constitutional Development (DOJ&CD), the Directorate for Priority Crime Investigations (Hawks), Legal Aid South Africa (LASA) and the Foundation for Human Rights.
Committee Chairperson Mr Xola Nqola said: “We note the positive impact and positive progress. These matters have been delayed for too many years. The committee will closely monitor the commitments that were made, especially with next month’s inquest relating to the Cradock Four.”
LASA, the NPA and the Hawks assured the committee that they are ready to proceed with the Craddock Four trial, allaying concerns regarding funding for legal representation for former security police officers. “We however note with disappointment the absence of the South African National Defence Force (SANDF) from this meeting. We will write to the Minister of Defence and Military Veterans to outline the impact of that absence, as one of the persons of interest in the Cradock Four matter was formerly in the SANDF. Hopefully, this will not lead to another delay in the matter,” emphasised Mr Nqola.
The committee heard from the NPA’s TRC unit that 194 matters are under investigation. In 35 of these, decisions have been taken not to proceed for various reasons while 159 others are in hand. Two convictions have been secured. Seven criminal cases are on the High Court roll, including the case of the COSAS Four.
Six inquests have been concluded, including that of Messrs Ernest Dipale, Zama Sokhulu, Mthunsi Vlemeseni Njakazi and Abdullah Haron, and Drs Aggett and Haffejee, where the original court findings were reversed after evidence was led. The inquests into the death of several other anti-apartheid activists are still ongoing, the committee was informed.
The committee also heard that although the NPA is working to finalise more indictments, additional matters have been lined up for the inquests to be re-opened or formal inquests to be conducted once investigations are finalised. The NPA is concerned that with the elapse of time and despite diligent investigation, it may be unable to find the necessary evidence to reconstruct scenes, obtain expert opinion and witness statements, or similar factual evidence to work from.
Regarding allegations of political interference hampering prosecution of these matters, the committee heard that the new Commission of Enquiry announced by President Cyril Ramaphosa will investigate this.
The committee was also informed that monthly monitoring meetings include comprehensive reports to both NPA and Hawks national coordinators to gauge progress.
The DOJ&CD said 21 676 people were identified by the TRC as eligible for reparations, of whom 17 432 have received individual grants to date. The committee heard that in some instances victims refused reparations on the basis that their actions were part of the struggle for freedom and not for money. In other instances, beneficiaries could not be traced due to the lapse of time. A total of 477 exhumations or reburials were identified by the TRC and to date 184 have taken place.
The DOJ&CD said it has experienced several challenges in implementing the TRC recommendations, including several unresolved TRC matters. These include calls to re-open the victim registration process by the South African Coalition for Transitional Justice – an umbrella body for NGOs providing support to victims of apartheid atrocities. In addition, litigation in several TRC prosecutions, including the Cradock Four matter and 22 others, is still underway, and applicants are claiming constitutional damages from government due to delayed prosecution of TRC-related cases.
Mr Nqola said the committee is clear on the delay of investigations and prosecutions. “We are unanimous on that front. The delay is unacceptable. Evidence disappears, witnesses die, victims pass on and family members die without getting justice. Families need this closure. We will closely monitor what happens next month in the Cradock Four matter,” he reiterated.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT, MR XOLA NQOLA.
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