Latest news with #SisiKhampepe
News24
21 hours ago
- Politics
- News24
Unfinished business: Uncovering the buried crimes of apartheid regime
EDITORIAL: Unfinished business - Uncovering the buried crimes of apartheid regime Lukhanyo Calata never had the chance to know his father. In 1985, when he was just three years old, his father, Fort Calata, was brutally murdered alongside Matthew Goniwe, Sparrow Mkonto, and Sicelo Mhlauli. Collectively, they became known as the Cradock Four. Despite two inquests into their deaths, no one has ever been held accountable for their kidnapping, assault, or the gruesome act of setting their bodies alight following their arrest at a roadblock set up by the Security Branch near Port Elizabeth (now Gqeberha). In 1999, six former police officers connected to the Cradock Four's arrests and murders appeared before the Truth and Reconciliation Commission (TRC), seeking amnesty. Their application was denied. Yet, even after this, no prosecutions followed. For decades, Calata has sought answers, questioning why - more than 30 years after the democratic election of the ANC - justice remains elusive for the Cradock Four. This week, a third inquest got under way, seeking to uncover who was truly responsible for the death of the anti-apartheid activists. This inquest comes shortly after the announcement that retired Constitutional Court justice Sisi Khampepe will lead a judicial inquiry into whether there were deliberate attempts to block the investigation and prosecution of apartheid-era crimes. Beyond the Cradock Four, there are an estimated 400 unsolved cases from South Africa's apartheid era. In this week's Friday Briefing, News24's legal journalist, Karyn Maughan, delves into the law enforcement paralysis that followed the TRC and its devastating impact on the families of victims. Lukhanyo Calata, in his contribution, writes poignantly about his family's anguish and the pain of asking questions when no one remains alive to provide answers. Additionally, in this week's edition, in-depth writer Muhammad Hussain interviews ActionSA parliamentary leader Athol Trollip regarding the party's proposal to amend the Constitution. Explore these insightful contributions below. The apartheid government got away with murder... and SA needs to know why There is compelling evidence that apartheid-era atrocity cases were not prosecuted because of alleged political interference from the ANC government. And, Karyn Maughan writes, it's crucial this toxic subversion of accountability is finally explained – and confronted. Read the rest of the submission here. An ANC failure: The long journey for justice for the Cradock Four Lukhanyo Calata, son of Fort Calata - one of the Cradock Four who were brutally murdered - shares his reflections on a renewed inquest into apartheid-era atrocities. He argues that these proceedings, including an inquest into the Cradock Four's deaths, will expose the harm inflicted by the ANC and unravel the reasons behind the historical obfuscation. Read the rest of the submission here. Q&A with Athol Trollip | ActionSA constitutional change: 'If people want to call it xenophobic, so be it' ActionSA parliamentary leader Athol Trollip speaks to in-depth writer Muhammad Hussain and defends his party's submission to modify the Constitution's 'South Africa belongs to all who live in it' principle.
Zawya
29-05-2025
- 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.
Bloomberg
29-05-2025
- General
- Bloomberg
South Africa's Ramaphosa Sets Up Panel to Probe Apartheid Crimes
South African President Cyril Ramaphosa has signed a proclamation to establish 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 led by retired Constitutional Court Judge Sisi Khampepe and will be expected to complete its work within six months and submit its report within 60 days of the completion of its work, the Presidency said in a statement.
The Herald
15-05-2025
- The Herald
Witness 'doesn't believe' Usindiso fire accused was forced to confess
A woman who survived the Usindiso fire in which 76 people were killed doesn't believe Lawrence Sithembiso Mdlalose, accused of setting the building alight, was coerced into confessing by an alleged Tanzanian drug dealer. Noluthando Khumalo-Mzizi testified at the Johannesburg high court sitting in Palm Ridge magistrate's court on Wednesday, a day after Mdlalose's confession was read in court. Mdlalose is accused of setting fire to the Usindiso building in Johannesburg in 2023, resulting in the deaths of 76 people and leaving 12 others injured. After the incident, a commission of inquiry led by former justice Sisi Khampepe to probe, among other aspects, the circumstances that led to the deaths was established in September 2023. Mdlalose gave testimony on January 23 2024, allegedly implicating himself as the person who started the fire, resulting in an order by Khampepe that he be taken to a magistrate to reduce his confession to writing. He is facing 76 counts of murder, one count of arson and 12 counts of attempted murder. Khumalo-Mzizi testified that she knew the alleged Tanzanian drug dealer as she used to do her hair at his salon. She told the court that she only knew tenants who were living on floor one, where she was staying, and didn't know Mdlalose. She said that night of the fire, she heard noise from the basement, where Master stayed, late in the evening before the fire started. 'I said to myself that those are Tanzanians, they had already started as they used to fight and make noise and hurt one another,' she testified, adding that it was normal for them to make noise. 'Upon hearing the noise, I ignored it.' She said that was around 11pm and she subsequently heard people screaming around 2am. She peeped through the window and realised that the smoke was emanating from Master's side, who lived on the ground floor. 'I took the phone, the gown and ended up opening the door. After that, I tried to run towards the west direction. I took two steps and I could feel there was heat on my face,' she testified, adding that she had been sleeping naked. 'I made a turn, heading to the other side where there is another gate. I could feel I was stepping on bodies.' She testified that she stumbled upon about 11 bodies while naked in the darkness. She said it was dark as there was no electricity in the building. She added that she jumped over the balcony from the first floor when one of the tenants advised her to put on her gown. She testified that she last saw the alleged Tanzanian drug lord, Master, three months after the incident. She testified that she didn't know who could have burnt the building, but she knew that it was set alight. When asked about Mdlalose's confession during cross-examination, she testified that she did not believe he was forced to confess. When asked if Master was responsible for the fire, she told the court that she didn't know anything. 'He is lying. Do you think someone will threaten you to do that, and agree to go to jail? If he was threatened, why didn't he go to the police and inform them? 'We are talking about Master, who is a foreign national, and when we talk about Sithembiso, we are talking about a South African citizen. How come he was threatened by a foreign national?' she asked. 'We were left with nothing because of him. We are left with no friends, no families, and some of the children have lost their parents. He must just come forth and tell the truth,' she said. She added that she knew Master was selling drugs, but she did not know who was selling drugs on his behalf. In his confession, Mdlalose said the man he had asked to sell R300 merchandise for him had not returned and he had already told Master that he gave the merchandise to KB and Master wasn't really happy with this explanation. 'I had to find him as my life was at risk. We found him on Wednesday evening,' he said in his confession. He said that he and Siwe took KB to Usindiso Building, ground floor, where they had a room called Slaghuis — a room where people are tortured. He said at the time he didn't squander the proceeds and had to prove himself to Master by assaulting KB. 'Based on the fact that I acted in rage, I think I overdid the assault. I returned later, saw he was conscious, so I started beating him again. There was a kettle cord which I used to strangle him,' he said in his confession. He said he wasn't intending on killing KB, but when he realised that he was no longer breathing, he was in a state of confusion and panic he had to devise a way to get rid of the body or move it. 'I decided to go buy petrol. I didn't expect my actions would lead to innocent people dying and being injured. I came back after buying the petrol and I doused his [KB's] body with petrol and I went to stand near the doorway, struck a match and threw it at his body,' read the confession. The trial was adjourned until Friday. TimesLIVE
The Herald
13-05-2025
- The Herald
Confession in Usindiso fire case is admissible, court rules
The Johannesburg high court on Monday ruled that the confession made by Lawrance Sithembiso Mdlalose, accused of starting the Usindiso building fire, is admissible as evidence. 'The judgment was made after an interlocutory application by the state, requesting a trial within a trial to determine the admissibility of the accused's confession, which was reduced to writing before a magistrate at Johannesburg magistrate's court,' National Prosecuting Authority spokesperson Phindi Mjonondwane said. Mdlalose is accused of setting fire to the building in Johannesburg in 2023, resulting in the deaths of 76 people and leaving 12 others injured. After the incident, a commission of inquiry led by former justice Sisi Khampepe to probe, among other aspects, the circumstances that led to the deaths was established in September 2023. Mdlalose gave testimony on January 23 2024, allegedly implicating himself as the person who started the fire, resulting in an order by Khampepe that he be taken to a magistrate to reduce his confession to writing. He is facing 76 counts of murder, one count of arson and 12 counts of attempted murder. 'Despite the defence's argument that the accused's confession was made under duress and when he was high on drugs, state advocates Thamsanqa Mpekana and Percy Monareng submitted that the statement given to the magistrate was made voluntarily and in sound and sober senses an unequivocal admission of guilt,' Mjonondwane said. They asserted that all legal requirements had been satisfied and, therefore, the statement should be admitted as evidence. Judge Cassim Moosa ruled that the accused's confession was admissible evidence. He found that the statement was made freely and voluntarily and in sound and sober senses without any undue influence. The case will continue on Tuesday with the main trial. TimesLIVE
