NPA AND DPCI ENHANCE COLLABORATION TO INVESTIGATE AND PROSECUTE TRC CASES
The National Prosecuting Authority (NPA) and the Directorate for Priority Crime Investigation (DPCI / Hawks) welcome the judgment of the Supreme Court of Appeal (SCA) on Monday 21 June 2021 in the Rodrigues matter. This important SCA decision confirms the decision of the full bench of the Gauteng Division to dismiss an application for stay of prosecution, based on the delay before the accused was indicted.
The judgment is an important step towards honouring those who gave their lives for our constitutional democracy. It aligns with both the Hawks and NPA's commitment to end impunity as it enables the NPA to move ahead to prosecute Rodrigues and other perpetrators of apartheid era crimes where there is sufficient evidence, and where prosecutions have not taken place, for various reasons.
This judgment bolsters the NPA's determination under the current National Director of Public Prosecutions (NDPP), Adv Shamila Batohi and unwavering commitment of the National Head of theHawks, Lieutenant General Godfrey Lebeya, to revive these investigations and initiate prosecutions.
The earlier Rodriguez judgment of the Gauteng Local Division of High Court, on 03 June 2019, directed the NDPP to enquire into improper influence brought to bear on the NPA. This is a complex and complicated matter and the NDPP has been engaging with the Minister of Justice to determine the most effective course of action.
South Africans in general, and families of victims in particular, need to understand why these crimes were not prosecuted in the past. This will also provide important lessons regarding the need to ensure a robust framework to protect the independence of the NPA.