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.
“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 members of at least 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 given 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 anti-apartheid 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 he was put under significant pressure not to pursue TRC-linked cases.
That case led to the disclosure of a memorandum sent by Pikoli to the then justice minister, Bridgett Mabandla, in which he concluded there had been improper interference in relation to the TRC cases and that he had been obstructed from taking them forward.
The TRC referred hundreds of cases in which it had either not granted amnesty or amnesty had not been applied for, to the NPA for investigation and possible prosecution. According to the letter sent by TRC commissioners to Ramaphosa this week, these cases involved “gross human rights violations such as torture, murder and enforced disappearances”.
Almost all of them were abandoned.
One of these cases involved the 1971 death of Timol, a young teacher who apartheid police officers, 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 the prosecution 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 going to print.
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