The Judicial Commission of Inquiry into apartheid-era crimes got off to a rocky start after lawyers for the Department of Justice and the National Prosecuting Authority (NPA) raised concerns about evidence leader, Advocate Ishmael Semenya.

In their application for Advocate Semenya’s recusal, the parties cited Semenya’s previous involvement in prosecutorial matters involving the NPA, with the lawyers of the concerned parties indicating this would cloud his judgement.

As a result, the Chairperson of the Commission, retired judge Sisi Khampepe, was forced to postpone Monday’s sitting to November 26.

“It may well be that we are going to move on to an application for recusal. We are not blowing hot and cold. We are clear that our objection indicates that the submissions have taken the objection further. If I might be allowed, we agree that it is the decision of the Commission that must be upheld. The decision, in terms of rule 3.1, says the Commission is empowered to make decisions about who calls whom and when, and it is not Mr Semenya. Therein lies our objection,” advocate Kgomotso Moroka said.

Advocate  Makhosi Gwala for the NPA  said it has taken issue with Semenya, who was a central figure in the NPA policy, as one of its advisors.

“Our issue is that once upon a time, advocate Semenya SC, advised the NPA  on the prosecution policy. We now know that this was set aside because it was unconstitutional. The NPA  is unsettled by the fact that the very same policy is said to have brought about the interference in the prosecution of the Apartheid-era crimes. That policy is central to these proceedings,” said Moroka.

Reacting to the postponement,  and speaking on behalf of the Simelane family, Human Settlements Minister Thembi Simelane described the delay as unfortunate, adding that they were looking forward to the start of the Commission.

Simelane, whose sister Nokuthula Simelane was abducted in 1983, said her family is anxious to know where her sister is buried.

“We are representing the elders. My mother is 85 years old, I was invited to come and share the experience. But here we are, and we have adjourned until further notice. If the pace can be picked up, that would be much appreciated. What angers me more is that the State did not discover the registration of Advocate Semenya this morning. They knew, and they could have approached the chairperson and the Commission and filed their papers if they were not in agreement,” she said. 

The Truth and Reconciliation Cases Commission, which is investigating the political suppression of investigations and prosecutions related to TRC cases, was established by President Cyril Ramaphosa in May in response to pressure from families demanding justice for apartheid-era crimes.

siyabonga.sithole@inl.co.za

Source link