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South Africa establishes commission to probe delay in apartheid-era crime prosecutions

South Africa establishes commission to probe delay in apartheid-era crime prosecutions

May 31, 2025

Cape Town [South Africa], May 31: South African President Cyril Ramaphosa has signed a proclamation for the establishment of a judicial commission of inquiry to determine whether attempts were made to prevent the investigation and prosecution of apartheid-era crimes.
In a statement on Thursday, the Presidency revealed that the commission will be chaired by retired Constitutional Court Judge Sisi Khampepe.
According to the statement, the establishment of the commission of inquiry forms part of a settlement agreement reached during court proceedings brought by the families of victims of apartheid-era crimes.
In January, 25 families and survivors filed an application in the Pretoria High Court, seeking constitutional damages for the state's failure to adequately investigate and prosecute political crimes committed during apartheid, following the Truth and Reconciliation Commission (TRC) process.
The TRC was established in 1995 to uncover human rights violations and abuses by hearing testimonies from witnesses, victims, and perpetrators in public hearings.
It recommended that about 300 apartheid-era cases be investigated for possible prosecution, which were then referred to the National Prosecuting Authority (NPA). However, a decades-long delay has meant that many involved in apartheid-era crimes have either died or become unfit to stand trial.
"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," Ramaphosa said.
The commission will investigate whether there were attempts to influence the police or the NPA to avoid investigating or prosecuting cases identified by the TRC.
The commission will also recommend whether any action should be taken, including possible further investigations, prosecutions, or the payment of constitutional damages to any affected person.
It is expected to complete its work within six months from the date of this proclamation and to submit its report within 60 days of completing its work.
Source: Xinhua News Agency