President Cyril Ramaphosa
By Thabo Mosia
President Cyril Ramaphosa has announced the establishment of a Judicial Commission of Inquiry to investigate whether deliberate attempts were made to obstruct the investigation and prosecution of apartheid-era crimes referred by the Truth and Reconciliation Commission (TRC) to the National Prosecuting Authority (NPA). This landmark decision follows persistent allegations of improper influence that have delayed justice for victims of apartheid atrocities, offering hope to families who have waited decades for closure.
The announcement, made through the president’s spokesperson, Vincent Magwenya, underscores Ramaphosa’s commitment to uncovering the truth and addressing long-standing grievances. “President Cyril Ramaphosa is in the process of establishing a Judicial Commission of Inquiry to establish whether attempts were made to prevent the investigation or prosecution of apartheid-era crimes referred by the Truth and Reconciliation Commission (TRC) to the National Prosecuting Authority,” Magwenya said. The commission aims to bring finality to a matter that has haunted South Africa’s democratic journey for over three decades.
A Response to Families’ Pursuit of Justice
The decision to establish the commission stems from a court application brought by 25 families of victims and survivors of apartheid-era crimes, including murder, torture, and abductions by security forces. These families, supported by the Foundation for Human Rights and law firm Webber Wentzel, filed a case in the Pretoria High Court in January 2025, seeking R167 million in constitutional damages and an order compelling the government to investigate political interference in TRC-recommended prosecutions. The lawsuit highlighted the state’s failure to pursue hundreds of cases referred by the TRC, which concluded its work in 2002.
Following out-of-court settlement discussions involving The Presidency, the families, and other government bodies, a joint agreement was reached to establish the commission. This breakthrough was described as “bittersweet” by advocates, as it addresses the families’ call for an inquiry but leaves unresolved issues such as the declaration of unlawful government actions and the payment of damages. The government has maintained that these matters should fall under the commission’s terms of reference, a stance that has drawn criticism from the Foundation for Human Rights, which argues that the commission lacks the authority to rule on constitutional damages.
Addressing Decades of Inaction
South Africa’s TRC, established in 1996 under former President Nelson Mandela, was hailed globally as a model of restorative justice. It provided a platform for victims and perpetrators to share their stories, offering amnesty to those who fully disclosed their crimes while recommending prosecution for others. The TRC handed over approximately 300 cases to the NPA for further investigation, but only a handful have been pursued, leaving many families without justice.
Allegations of political interference in these prosecutions have persisted across multiple administrations. A 2019 Johannesburg High Court ruling found that the NPA’s failure to prosecute apartheid-era crimes was effectively stalled by political meddling, a finding that bolstered the families’ case. The Cradock Four case, involving the 1985 murder of four anti-apartheid activists, has become a focal point, with the NPA reopening an inquest in 2024 at the recommendation of Justice Minister Ronald Lamola.
“Allegations of improper influence in delaying or hindering the investigation and prosecution of apartheid-era crimes have persisted from previous administrations,” Magwenya noted. “Through this Commission, President Ramaphosa is determined that the true facts be established and the matter brought to finality.”
The Commission’s Scope and Challenges
The Judicial Commission of Inquiry will have broad terms of reference, encompassing not only the investigation of alleged obstructions but also guidance on appropriate remedies for affected families. The government has proposed including the families’ demands for a declaration of rights violations and constitutional damages in the commission’s mandate, a move opposed by the applicants. The Presidency has indicated it will seek a court stay on these outstanding matters until the commission completes its work.
President Ramaphosa has expressed deep empathy for the families’ plight, acknowledging their “anguish and frustration” after years of fighting for justice. “President Ramaphosa continues to maintain that all affected families deserve closure and justice,” Magwenya said. The president respects the families’ decision to pursue their claims through the courts while emphasizing the commission’s role as a critical step toward truth and reconciliation.
The Presidency is expected to announce the head of the commission, its timeframes, and full terms of reference in the coming weeks.
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