NPA UNDER ITS CURRENT LEADERSHIP HAS PRIORITISED JUSTICE IN TRC CASES
5 March 2024
The National Prosecuting Authority (NPA) has noted the media statement attributed to former President Thabo Mbeki released on 1 March 2024.
As highlighted in previous statements, the NPA under its current leadership has taken important steps to ensure the investigation and prosecution, in appropriate cases, of cases stemming from the Truth and Reconciliation Commission (TRC). In recent years, the NPA has reopened and pursued priority cases and enhanced its internal capacity to ensure effective handling of these cases. As of January 2024, the NPA has 15 prosecutors supported by 32 SAPS investigators based in various divisions to deal specifically with TRC matters. This has been done under difficult and demanding conditions in general, and particularly complicated circumstances relating to the TRC matters.
Notwithstanding, a total of 137 cases have been registered for investigation; 21 matters finalised with a decision and 10 matters on the court roll. A detailed overview of progress in cases and the measures in place was presented to Parliament in November 2022 and in November 2023.
As part of this effort, the NPA appointed Adv D Ntsebeza SC to review the measures that the NPA adopted to deal with and prosecute TRC matters, and to provide recommendations as needed. This was in line with the remarks made by the Full Bench in Rodrigues v National Director of Public Prosecutions of South Africa and Others 76755/2018) in the South Gauteng High Court in 2019 where the court held:
"It is also for these reasons that the conduct of the relevant officials and others outside the NPA at the time should be brought to the attention of the National Director of Public Prosecutions for her consideration and in particular, to consider whether any action in terms of Section 41(1) of the NPA Act is warranted. Finally, there must be a public assurance from both the Executive and the NPA that the kind of political interference that occurred in the TRC cases will never occur again. In this regard they should indicate the measures, including checks and balances, which will be put in place to prevent a recurrence of these unacceptable breaches of the Constitution."
The report, which has since been released and was published on our website in February 2024, found that the measures adopted and implemented by the NPA to deal with TRC matters - namely, the structure and checks and balances that form part of the TRC component - are largely adequate.
The NPA took note of the recommendations made in the Ntsebeza report, including that which refers to "the establishment of an independent commission of inquiry under either section 84(2)(f) of the Constitution, or the Commissions Act, 1974 to investigate the extent of, and rationale behind, the political interference with the NPA between the period 2003 and 2017' (Ad paragraph 9.9 page 7). The establishment of such a commission is a decision that needs to be taken by the Executive - the latter has been appraised of this finding.
The current leadership of the NPA has on numerous occasions expressed a firm commitment to ensure that there is accountability for the atrocious crimes referred by the TRC. The NPA's recent actions in this regard bear testament to this commitment and serve a reminder that the NPA will deliver on its constitutional mandate without fear, favour or prejudice. In line with the NPA's victim responsive approach, the NPA will prioritise the interests of victims, regardless of when the alleged crimes were committed.
Statement issued by Adv Mthunzi Mhaga, NPA Spokesperson, 5 March 2024
