NPA FURTHER ENHANCES EFFORTS TO ENSURE EFFECTIVE HANDLING AND
PROSECUTION OF TRC CASES
The National Prosecuting Authority (NPA) has taken an important step to further
enhance its efforts to deal with and prosecute cases stemming from the Truth and
Reconciliation Commission (TRC). Over the last couple of years, the NPA has
focused on reopening and pursuing priority cases, and enhancing its internal capacity
and processes both to ensure effective handling of these cases and to prevent any
undue political influence. 64 new cases have been registered for investigation. 25
prosecutors and 40 investigators have been appointed within the various divisions to
deal specifically with TRC matters. A detailed overview of these measures was
presented to Parliament in November 2022.
As part of this effort, the NPA has appointed Adv D Ntsebeza SC to review the
measures that have been adopted to deal with and prosecute TRC matters and to
provide recommendations as needed. This is in line with the remarks made by the Full
Bench in Rodrigues v National Director of Public Prosecutions of South Africa and
Others 76755/2018)(2019) in the South Gauteng High Court in 2019 where the court
held:
“It is also for these reasons that the conduct of the relevant officials and others
outside the NPA at the time should be brought to the attention of the National
Director of Public Prosecutions for her consideration and in particular, to
consider whether any action in terms of Section 41(1) of the NPA Act is
warranted. Finally, there must be a public assurance from both the Executive
and the NPA that the kind of political interference that occurred in the TRC
cases will never occur again. In this regard they should indicate the measures,
including checks and balances, which will be put in place to prevent a
recurrence of these unacceptable breaches of the Constitution.”
The Senior Counsel will conduct a thorough assessment and make recommendations,
if necessary, to strengthen the NPA’s handling of TRC cases. Further, if Counsel finds
evidence or information that could amount to a violation of Section 41(1) of the NPA
Act, such issues will be escalated to the National Director of Public Prosecutions
(NDPP) to take forward as appropriate. If necessary, the NPA will refer relevant
matters for criminal investigation.
Senior Counsel has three months to finalise his report and recommendations. The
NPA will provide the necessary support to ensure that this timeline is kept and relevant
interventions and improvements are implemented without delay.
The NPA has engaged with the Executive as appropriate on this matter. The Executive
is expected to release its own statement in due course, as per the remarks by the
Court highlighted above.
