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Zawya
4 days ago
- General
- Zawya
Justice Committee Chairperson Commends Appointment of Judge Khampepe to Head TRC Inquiry
The Chairperson of the Portfolio Committee on Justice and Constitutional Development, Mr Xola Nqola, is pleased to note the appointment of retired Constitutional Court Judge Sisi Khampepe as head of the judicial commission of inquiry to determine whether attempts were made to prevent the investigation and prosecution of apartheid-era crimes. Mr Nqola said the move to appoint Judge Khampepe is welcomed as survivours and families of victims can see some urgency from government on this matter. 'This is indeed a positive step. Too many families and survivours of apartheid-era crimes have waited to long for justice. 'Claims of attempts to prevent the investigation and prosecution of such crimes have been doing the rounds for years. The announcement by President Cyril Ramaphosa of the commission to investigate these claims, followed by the speedy appointment of the head of the inquiry, is indeed progress the country needed,' emphasised Mr Nqola. Yesterday, President Ramaphosa announced that Judge Khampepe will chair the commission. Retired Northern Cape Judge President Frans Diale Kgomo and Adv Andrea Gabriel SC will assist her. Mr Nqola further stated that the committee noted that the establishment of the commission of inquiry is part of an agreement reached in settlement discussions in a court application brought by families of victims of apartheid-era crimes. 'On our part, since the establishment of this committee in the 7th Parliament last year, we have held a few engagements with the National Prosecuting Authority to get updates on the progress of prosecuting TRC [Truth and Reconciliation Commission] matters. Earlier this month we were informed of positive progress by all the stakeholders that presented to the committee and the committee resolved to further monitor closely the commitment made to us. We are committed to ensure that justice is done without unnecessary delays,' said the Chairperson. Distributed by APO Group on behalf of Republic of South Africa: The Parliament.
Zawya
5 days ago
- General
- Zawya
President Cyril Ramaphosa establishes a Commission of Inquiry into delay in investigation and prosecution of Truth and Reconciliation Commission (TRC) cases
President Cyril Ramaphosa has signed a proclamation for the establishment of a judicial commission of inquiry to determine whether attempts were made to prevent the investigation and prosecution of apartheid-era crimes. The commission will be chaired by retired Constitutional Court Judge Sisi Khampepe. She will be assisted by retired Northern Cape Judge President Frans Diale Kgomo and Adv Andrea Gabriel SC. The establishment of the commission of inquiry is part of an agreement reached in settlement discussions in a court application brought by families of victims of apartheid-era crimes. President Ramaphosa said: 'For many years, there have been allegations of interference in these cases. This alleged interference is seen as the cause of an unacceptable delay in the investigation and prosecution of brutal crimes committed under apartheid. This has caused the families of victims great anguish and frustration. 'All affected families – and indeed all South Africans – deserve closure and justice. A commission of inquiry with broad and comprehensive terms of reference is an opportunity to establish the truth and provide guidance on any further action that needs to be taken.' The Commission must inquire into, make findings, report on and make recommendations on: - whether, why, to what extent and by whom attempts were made to influence members of the South African Police Service or National Prosecuting Authority not to investigate or prosecute cases identified by the Truth and Reconciliation Commission; - whether any members of the SAPS or the NPA improperly colluded with such attempts to influence or pressure them; - whether any action should be taken by an Organ of State, including possible further investigations or prosecutions, of persons who may have acted unlawfully; - whether the payment of any amount in constitutional damages to any person is appropriate. The commission will cover the period from 2003 to the present. Interested parties include victims or families of victims in TRC cases who have a substantial interest in these matters, including parties in the current application proceedings against the President and government. The commission will be expected to complete its work within six months from the date of this proclamation and submit its report within 60 days after the completion of its work. While the families of victims and government have agreed to the establishment of the Commission of Inquiry, we were not able to reach a settlement on other matters in the application. Government believes that these matters will be addressed through the commission of inquiry while the families want the matters to be determined by a court. The President respects the decision of the families to seek a court order on the violation of their rights and constitutional damages through the courts. However, government is seeking a stay of application on these outstanding matters pending the conclusion and outcomes of the commission of inquiry. 'As the commission undertakes this important task, we welcome the firm commitment by the NPA and the South African Police Service to investigate and, where appropriate, to prosecute the outstanding TRC cases. In recent years, the NPA has reopened and pursued priority cases. It has assigned dedicated resources to ensure these cases are dealt with effectively. 'As this government, we are determined that those individuals responsible for apartheid crimes and who were not granted amnesty by the TRC be held to account. 'This commission of inquiry is an opportunity to draw a line under a painful period in our country's history. It is an opportunity to establish the truth and take steps, to the extent possible, to put right what may have gone wrong. 'I thank the Commission chairperson and two assistants for agreeing to take on this responsibility and wish them well in their work,' President Ramaphosa said. Distributed by APO Group on behalf of The Presidency of the Republic of South Africa.
