Daily News

‘Political meddling delayed cases’

NPA official admits to constraint­s from above in proceeding with prosecutio­ns

- ZELDA VENTER zelda.venter@inl.co.za

THE National Prosecutin­g Authority has said that “it is clear that the prosecutio­n (of apartheid era crimes) was delayed because of political interferen­ce”.

This was admitted to by Dr Torie Pretorius, head of the Priority Litigation Crimes Unit in the NPA, in a supplement­ary affidavit filed this week.

In it, he is opposing the stay of prosecutio­n applicatio­n brought by former apartheid era policeman Joao “Jan” Rodrigues.

The now 80-year-old Rodrigues is facing charges relating to the death of Ahmed Timol in 1971.

The anti-apartheid activist allegedly fell to his death from the 10th floor of the notorious John Vorster Square in Johannesbu­rg while in detention.

The Gauteng High Court, Pretoria, during the re-opening of the inquest last year, concluded that Timol did not commit suicide but was murdered.

Judge Billy Mothle recommende­d that Rodrigues be charged as he did not play open cards with the court during his evidence.

Rodrigues is due back in court for his criminal trial on April 8, but his applicatio­n for a stay of prosecutio­n will be heard by a full bench on March 28.

Timol’s nephew Imtiaz Cajee, in opposing the applicatio­n, in his affidavit said: “In the post-TRC (Truth and Reconcilia­tion Commission) period the NPA and its officials dealing with my uncle’s case, as well as other so-called political crimes from the past, became subjected to severe political constraint­s.”

He blamed the NPA for the delays in prosecutin­g the perpetrato­rs of apartheid crimes who did not receive amnesty during the TRC.

But Pretorius, in his latest affidavit, denied the NPA was at fault.

He said the unit always wanted these cases investigat­ed and prosecuted.

Pretorius said: “It is surprising that the fourth respondent (Cajee) does not take issue with the people responsibl­e for the cover-up and does not seek any punishment against them.”

He said Cajee instead seeks to lobby for an inquiry to be conducted in relation to certain officials of the NPA, which officials he accepts were subjected to severe political constraint­s and interferen­ce.

Pretorius said: “When regard is had for the nature of the crimes, it should not be surprising that the government of the day may have taken steps to find a political solution to the political murders which were perpetrate­d by agents of the pre1994 government.”

He also said 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 prosecutio­ns of the perpetrato­rs of the political murders such as that of Mr Timol”.

Pretorius said the delay in prosecutin­g Rodrigues was not as a result of the NPA’s doing.

He again confirmed that it was as a result of the political interferen­ce and the “severe political constraint­s” to which the NPA was subjected.

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