IN THE face of the almost total dearth of post-Truth and Reconciliation Commission (TRC) prosecutions, it was time to ask what kind of deals had been struck between the representatives of the old apartheid order and the representatives of the new, said the head of the TRC’s investigative unit, Dumisa Ntsebeza SC, on Thursday.
The apparent impunity of those who were not granted or did not apply for amnesty at the TRC continues to rankle. Though the TRC recommended 300 cases for prosecution, there have been fewer than five prosecutions for apartheid-era political crimes in 20 years since the TRC wrapped up its work.
On Tuesday, the National Prosecuting Authority (NPA) announced one more. After a prolonged battle by the family of Nokuthula Simelane — which included two court cases — four men have been charged with her murder.
Willem Coetzee, Msebenzi Radebe, Anton Pretorius and Frederick Mong will appear in the Pretoria Magistrate’s Court on February 26.
Ms Simelane was only 23 when she was abducted for the Carlton Centre in downtown Johannesburg, taken to farm near Northam and brutally tortured for five weeks. Her body has never been found.
Mr Coetzee, Mr Pretorius and Mr Mong had applied for amnesty at the TRC for her kidnapping, but not for her murder. They were refused amnesty for her torture.
On Thursday her sister, Thembisile Nkadimeng, described how the state had stonewalled the family’s efforts to see them prosecuted. In 2010, she was told there were no investigators available, as they were all busy with the 2010 soccer world cup. The family had to arrange for its own private investigation to follow up on the TRC’s work.
Ms Nkadimeng said the four men were implicated in 18 other cases.
Mr Ntsebeza said it was not a coincidence that there had been so few prosecutions. He referred to the explosive affidavit by former prosecutions head Vusi Pikoli who said political interference was to blame for the (NPA’s) failure to prosecute, and "powerful elements within government structures were determined to impose their will on my prosecutorial decisions".
Mr Ntsebeza said the men who had applied for amnesty for the murder of Sipho Hashe, Champion Galela and Qaqawuli Godolozi (the Pebco Three) did not receive amnesty. They sought to review the TRC’s refusal, a case that has remained pending in the courts since 2001, with the state attorney doing nothing to force an enrolment, said Mr Ntsebeza.
A "reasonable inference" could be drawn that deals had been struck, he said.
One of the Simelane legal team, Muzi Sikhakhane SC, said they would be monitoring the prosecution very closely. The fact that it had taken so long was a "scandalous indictment on the post-apartheid state", he said.
This case was not only about Ms Simelane. It was about Fort Calata, Matthew Goniwe, Sparrow Mkhonto, the Pebco Three and Neil Aggett, said Mr Sikhakhane.
Ms Nkadimeng said the prosecution was "a glimmer of hope", but she could not say she trusted it. However, she hoped it would open the lid to all the cases "sitting in a box at the NPA labelled ‘unresolved cases’".
She said that the accused had been given a ticket by the TRC to walk away free, provided they made full disclosure. The fact that they were being prosecuted today was their own choice, she said.
The only compensation she wanted was to bury her sister with dignity, so that her family could begin to heal she said.
"I should not be wiping my mother’s tears today, 20 years later".
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