Justice and Correctional Services Minister Ronald Lamola said he was mulling over the recommendations to form a commission of inquiry into political interference with the National Prosecuting Authority (NPA) in apartheid-era crimes prosecution.
“The minister is still considering all the options with regards to the recommendations for commission of inquiry,” Lamola said.
He was responding to parliamentary questions from GOOD Party MP Brett Herron after a recent report of Advocate Dumisa Ntsebeza SC made damning findings against the NPA for its handling of the prosecution of the apartheid-era crimes.
Ntsebeza was commissioned by the NPA in January 2022 to review its truth and reconciliation component, established in September 2021, and advise whether there was political interference in the work of the TRC prosecutions between 2003 and 2017.
In his report made public in February, Ntsebeza said the NPA, which is mandated to bring justice to the victims and survivors of apartheid-era crimes between March 1, 1960, and December 5, 1993, failed in its mandate.
He recommended, among others, that the NPA pursue the establishment of an independent commission of inquiry to investigate the extent of, and rationale behind, the political interference with the NPA between the period 2003 and 2017.
Ntsebeza said in his recommendations: “The inquiry should take into consideration the multiple state entities involved, including the executive, the SAPS, South African intelligence agencies and politically exposed (connected) persons and specifically the 16 individuals named in the Calata affidavit filed before the Zondo Commission.
“It is important that any inquiry is public and is empowered with sufficient authority to carry out the investigation and is clothed with powers of search and seizure and is able to subpoena people of interest.”
The NPA previously said the establishment of a commission of inquiry was the preserve of the Minister of Justice and Correctional Services. Lamola’s spokesperson, Crispin Phiri, said at the time the ministry was perusing the report.
In written questions to Lamola, Herron asked if he has established the reasons why the NPA failed to prosecute the cases referred for prosecution by the TRC and whether he requested President Cyril Ramaphosa to establish a commission of inquiry as recommended by the Ntsebeza report.
Herron also enquired whether the alleged political interference with the NPA had been referred to the SAPS and/or the Directorate for Priority Crime Investigation (DPCI), among other things.
In his written response, Lamola said the NPA did not fail to prosecute cases emanating from the Truth and Reconciliation Commission.
“In fact, a total of nine Priority Crimes Litigation Unit prosecutions were noted between 2003 and 2017.
An additional six seminal TRC cases were subsequently enrolled by the NPA,” he said.
Lamola also said the decision to appoint Ntsebeza was taken by the NPA leadership in line with the late apartheid police officer Joao Rodrigues judgment.
“His mandate was to review the measures that the NPA had adopted to deal with the TRC matters, and assess whether they were adequate, if they were found not to be, to make recommendations to strengthen them.
“However, in the process of review, said senior counsel had reason to believe that there was information that would amount to a violation of Section 41(1) of the NPA Act, 32 of 1998.”
Lamola noted that Ntsebeza was, however, unable, due to “lack of an investigative arm” to make a recommendation in respect of an investigation and recommended instead a commission of inquiry to allow implicated individuals to be given a platform to respond to the grave allegations against them.
“A determination on whether there was a violation of Section 32(1)(b) read with Section 41(1) of the NPA Act has not been made as of yet. Such can only be made once the allegations have been properly canvassed by either a commission of enquiry, or a criminal investigation conducted by the SAPS or the DPCI,” he added.
Cape Times