ActionSA welcomes announcement of NPA review of TRC cases
15 January 2023
ActionSA welcomes the announcement made by the National Prosecuting Authority (NPA) to appoint Advocate D. Ntsebeza SC to review the measures that have been adopted to deal with and prosecute unresolved TRC matters and to provide recommendations as needed to bring some form of finality to these historical crimes.
The delay in doing so is, however, regrettable. The decision to implement the above emanates from the Rodrigues case decided in the South Gauteng High Court in 2019, which called for the investigation of alleged political interference in the TRC cases.
Subject to the Constitution and the NPA Act, no organ of state and no member or employee of an organ of state nor any other person should improperly interfere with, hinder or obstruct the prosecuting authority or any member thereof in the exercise, carrying out or performance of its, his or her powers, duties and functions.
The NPA Act goes on to state that any person who interferes as envisaged above, is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 10 years or to both such fine and such imprisonment.