Thabo Mbeki, Brigitte Mabandla lose bid to intervene in TRC prosecutions lawsuit
Mbeki and Mabandla argued their intervention into the matter was vital to protect their reputations, as their rights may be violated by the court's finding that they were involved in suppressing the investigation and prosecution of TRC cases.
Judge Anthony Millar disagreed.
In his judgment on Friday, he referred to rulings handed down in the case of Joao Rodrigues, a security branch police officer who was facing charges related to the 1971 death of anti-apartheid activist Ahmed Timol.
From 2003 to 2017, the Gauteng high court and the appeal court found, political interference hampered the ability of the National Prosecuting Authority to properly deal with TRC cases, as the resources necessary to conduct proper investigations were not forthcoming.
Consequently, Millar said, 'it cannot be in issue that there was political interference in the prosecution of the TRC cases. Our courts have found this to be so and those findings stand and are binding'.
'For this reason, the argument advanced for the Calata applicants that there would be no need for a specific finding against either Mr Mbeki or Ms Mabandla, is to my mind entirely sound. The issue has been decided,' he said.
'While it is alleged in general terms in the main application by the Calata applicants that the government respondents are responsible for the failure to prosecute TRC cases, the proverbial ship to challenge that has sailed.'
Millar said Mbeki and Mabandla had 'no direct and substantial interest in the granting of any declaratory order against the government respondents and would have no obligation in respect of the granting of that order or any damages awarded in consequence thereof'.
The appropriate forum for them to 'tell their side of the story' would be at the commission of inquiry which government has agreed to set up, he said.
'The application for intervention fails.'
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