TRC cases: Calls for inquiry to be independent

South Africa

Johannesburg Minister of Justice Ronald Lamola has launched an inquiry into the more than 300 Truth and Reconciliation cases handed over for prosecution more than 20 years ago.

These were mostly state-sponsored murders for which the perpetrators either did not apply for or were not granted amnesty but former commissioners don’t believe this inquiry goes far enough.

Former TRC commissioner Yasmin Sooka said they want assurances that the inquiry will be independent of government influence.

“What we have learnt from some of the cases that families of victims have brought is that, in fact, the executive deliberately suppressed the investigation and the prosecution of these cases in the last 23 years,” said Sooka.

“This has now of course been confirmed by the full bench decision in the Rodrigues matter and of course then later confirmed by the Supreme Court of Appeals.

“That is why we have asked as former TRC commissioners and victims of apartheid-era crimes that in fact the minister set up an independent commission of enquiry. Now granted at the event that the Calata foundation held last Friday, the minister announced that he will be appointing a judge to investigate this matter,” she said.

“But the thing that he didn’t say was under what legal procedure this will be and what we suspect is that in fact a retired judge will be appointed to handle a behind-closed-doors enquiry.

“This will really lead to the suppression of the truth behind what held the executive back from investigating these cases before. And that will be a tragedy. This runs contrary really to the whole question of the separation of powers.”

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