KEY POINTS
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President Ramaphosa has initiated a judicial commission to probe delays in prosecuting apartheid-era crimes, addressing decades-long grievances from victims’ families.
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The inquiry follows a legal settlement with families but leaves unresolved demands for reparations and a formal declaration of state wrongdoing.
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The commission’s findings could reshape South Africa’s approach to transitional justice, amid criticism of the NPA’s historic inaction on TRC-referred cases.
President Cyril Ramaphosa has established a judicial commission of inquiry to investigate systemic delays and alleged political interference in prosecuting apartheid crimes referred by South Africa’s Truth and Reconciliation Commission (TRC).
The move follows years of pressure from victims’ families and activists demanding accountability for unresolved atrocities committed during the apartheid regime.
Announced on Wednesday, the commission will scrutinize claims that successive administrations improperly hindered investigations into crimes flagged by the TRC between 1996 and 2003.
Over 300 cases remain unresolved, including high-profile deaths such as activist Ahmed Timol and Black Consciousness leader Steve Biko, whose families have long criticized the National Prosecuting Authority (NPA) for inaction.
“Allegations of improper influence in delaying or hindering the investigation and prosecution of apartheid-era crimes have persisted from previous administrations,” the Presidency stated, emphasizing Ramaphosa’s commitment to transparency.
Victims’ families secure landmark agreement after decades of legal battles
According to The Citizen, the commission’s creation follows a landmark settlement between the government and victims’ families, who filed court applications accusing the state of violating their constitutional rights by failing to pursue justice.
While the parties agreed to establish the inquiry, they remain divided on demands for reparations. Families are seeking a declaration of state unlawfulness and constitutional damages, which the government has contested.
Presidential spokesperson Vincent Magwenya acknowledged the families’ anguish, stating, “President Ramaphosa continues to maintain that all affected families deserve closure and justice.” However, he confirmed unresolved disputes over reparations would be deferred until the commission concludes its work.
Legal experts and human rights groups have welcomed the inquiry but caution that its success hinges on independence. “This commission must confront systemic failures, including political meddling and resource gaps that stalled prosecutions,” said Yasmin Sooka, director of the Foundation for Human Rights.
The TRC, which concluded in 2003, identified over 21,000 victims but referred only 300 cases for prosecution—few of which reached trial.
