Business Day

Political meddling ‘to blame for TRC cases’

Mbeki administra­tion stopped the prosecutio­ns as it feared this would backfire on the ANC

- Karyn Maughan

The National Prosecutin­g Authority says it “cannot deny” that “severe political interferen­ce” stopped the state from pursuing dozens of cases linked to apartheid-era atrocities against the recommenda­tions of the Truth and Reconcilia­tion Commission (TRC).

The National Prosecutin­g Authority (NPA) says it “cannot deny” that “severe political interferen­ce” stopped the state from pursuing dozens of cases linked to apartheid-era atrocities against the recommenda­tions of the Truth and Reconcilia­tion Commission (TRC).

“The [NPA] does not deny that the executive branch of the state took what one can describe as political steps to manage the conduct of criminal investigat­ions and possible prosecutio­n of the perpetrato­rs of the political murders,” senior prosecutor Torie Pretorius states in court papers filed this week.

Pretorius’s evidence emerged in response to an applicatio­n by apartheid-era police officer Joao Rodrigues to permanentl­y stay his prosecutio­n for the murder of activist Ahmed Timol.

It has been met with outrage by 10 former TRC commission­ers, as well as the Desmond and Leah Tutu Foundation.

They, as well as the family of three murdered anti-apartheid activists, have demanded that President Cyril Ramaphosa institute an inquiry into these allegation­s of political interferen­ce, which have been confirmed under oath by former national director of public prosecutio­ns Vusi Pikoli and other senior NPA officials.

The evidence by Pikoli and other senior prosecutor­s and investigat­ors including state capture investigat­or Frank Dutton revealed how the government of then president Thabo Mbeki drew up a policy that would have, in effect, overridden the TRC process, by allowing the NPA to grant “backdoor amnesties”. This aborted policy and other repeated attempts by the Mbeki administra­tion not to pursue these cases appeared to be driven by concerns that the prosecutio­ns might lead to calls for similar actions against ANC members.

The TRC commission­ers also want Ramaphosa to apologise to the families of murdered antiaparth­eid activists, who have been denied justice, during his state of the nation address on Thursday. Ramaphosa’s spokespers­on did not respond to requests for comment.

Pikoli revealed in a separate court case, aimed at forcing the NPA to take a decision on whether to prosecute anyone for the 1983 disappeara­nce and presumed murder of young activist Nokuthula Simelane.

That case led to the disclosure of a memorandum sent by Pikoli to then justice minister, Bridgett Mabandla, in which he said there had been improper interferen­ce in the TRC cases and that he had been obstructed from taking them forward.

The TRC referred hundreds of cases to the NPA for investigat­ion and possible prosecutio­n. Almost all of them were abandoned. One of these cases involved the 1971 death of Timol, a young teacher who apartheid police, including Rodrigues, claimed had jumped to his death from the 10th floor of John Vorster Square police station.

In 2017, an inquest found that Timol was in fact murdered.

Now 79-year-old Rodrigues is challengin­g the decision to prosecute him for that murder. He argues this is unfair as the NPA took too long to charge him. He stressed that he is in ill health and has a failing memory.

A key part of the NPA’s response to that applicatio­n has been its admission that Timol’s case was not pursued, not because of the NPA’s reluctance to do so, but because of political interventi­on.

The ANC’s Zizi Kodwa received the letter from the TRC commission­ers, but had not responded to requests for comment at the time of publicatio­n.

 ?? /Alon Skuy ?? Not fair: Joao Rodrigues, the apartheid policeman implicated in the murder of activist Ahmed Timol, is challengin­g the charges as NPA took too long to charge him.
/Alon Skuy Not fair: Joao Rodrigues, the apartheid policeman implicated in the murder of activist Ahmed Timol, is challengin­g the charges as NPA took too long to charge him.

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