Justice Sisi Khampepe, chair of the Judicial Commission of Inquiry into apartheid-era crimes, has revealed that she and her team are ready to lead a “sympathetic and non-adversarial” Commission of Inquiry into the attempts to interfere with the Truth and Reconciliation Commission (TRC) and apartheid-era crimes.

The commission was established by President Cyril Ramaphosa in May this year after it emerged that there had been efforts to block the prosecution of Truth and Reconciliation Commission cases.

Speaking during a media briefing held at the Hector Petersen Memorial in Orlando West, Soweto, Justice Khampepe indicated that the commission will ensure that victims of apartheid era crimes find the closure they deserve, adding that anyone who wishes to participate will be given a chance to present their case before her commission.

“Upon full disclosure, the applicants would then receive amnesty for all their crimes. We do not want to make this inquiry adversarial. Those perpetrators of those cruel injustices and atrocities who did not participate in the TRC processes, as well as those who failed to make full and complete disclosures regarding their part in the perpetration of these human rights violations, were to be investigated and where evidence was obtained to support the prosecution, those individuals were supposed to have been prosecuted,” she said.

The commission, which has been given a six-month mandate to probe crimes from 2003 to present, also includes retired Judge President Frans Diale Kgomo and senior counsel Advocate Andrea Gabriel.

“The TRC cases inquiry will adopt a more sympathetic, engaging and empowering approach and will bring together all interested persons and institutions to a pre-hearing meeting, as it is in the interest of justice for the victims and their families to find closure,” she added.

More than three decades after the country’s democracy, many families affected by unresolved apartheid-era cases are still searching for justice, with many hoping this process will finally deliver closure.

One of these is Mpolokeng Madibe, who said she was 19 years old when she was arrested by the security forces in the 70s, and having worked with other families seeking closure, she welcomes the recently established process.

“Families want closure and want to bury their loved ones. There have been many repatriation processes over the years that have more or less helped families find closure. Even though the perpetrators of these crimes can never return our loved ones, a simple apology, full disclosure, and repatriation of the remains of loved ones helps grieving families find peace with what has happened,” she said.

Ramaphosa, who signed tghe proclamation for the establishment of a judicial commission, indicated that the establishment of the commission is part of an agreement reached in settlement discussions in a court application brought by families of victims of apartheid-era crimes.

“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.”

siyabonga.sithole@inl.co.za

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