TRC Inquiry Frustrated by Government Departments’ Lack of Cooperation Ahead of November Hearings

Pretoria, South Africa – 28 October 2025 – The Judicial Commission of Inquiry into Truth and Reconciliation Commission (TRC) cases has voiced strong frustration over the lack of cooperation from key government bodies, including the police, Justice Department, Presidency, and Parliament. These institutions have failed to provide requested information, such as affidavits and reports on old apartheid-era cases, despite repeated calls. Commission spokesperson Lionel Adendorf says this has not stopped plans, with public hearings set to start as scheduled on 10 November 2025. Led by former Constitutional Court Justice Sisi Khampepe, the inquiry aims to uncover why many TRC-recommended prosecutions were never pursued, including possible political interference from 2003 onwards.

This setback highlights ongoing challenges in dealing with South Africa’s painful past, where hundreds of cases involving gross human rights violations remain unresolved nearly 30 years after the TRC ended. Families of victims, whistleblowers, and civil society groups have stepped up with submissions, but the absence of official input raises questions about commitment to justice. As the commission pushes ahead without subpoenas, relying on goodwill, it calls on all with knowledge to come forward in the search for truth and closure.

Background on the TRC Inquiry and Its Mandate

The Judicial Commission of Inquiry into TRC Cases was set up by President Cyril Ramaphosa on 29 May 2025, following a settlement in a Constitutional Court case brought by families of apartheid victims, including the Timol family. The inquiry probes why cases referred by the TRC for investigation by the South African Police Service (SAPS) and prosecution by the National Prosecuting Authority (NPA) stalled or were dropped. It focuses on the period from 2003 to the present, examining claims of political interference, suppression of evidence, or other barriers to justice.

Chaired by Emeritus Justice Sisi Khampepe, the commission includes Honourable Mr Justice Frans Diale Kgomo and Advocate Andrea Gabriel SC as members. Its terms of reference, published in the Government Gazette on 29 May 2025, task it with gathering evidence from various sources to recommend steps for ensuring accountability. This includes hearing from victims’ families, former officials, and experts on how to revive dormant cases involving torture, killings, and other atrocities.

The TRC, which ran from 1996 to 2003, heard testimonies from over 21,000 people and granted amnesty to some perpetrators who fully disclosed their actions. However, it referred about 300 cases without amnesty applications to the NPA for prosecution. Many of these, involving high-profile figures from the apartheid regime, have languished due to alleged meddling, lost files, or lack of will. The inquiry seeks to expose these reasons and suggest fixes, aligning with South Africa’s constitutional duty to uphold human rights and reconciliation.

Details of the Frustration with Government Cooperation

Adendorf confirmed that despite multiple requests, the SAPS, Department of Justice and Constitutional Development, the Presidency, and Parliament have not responded with the needed documents. These include affidavits from investigators, reports on case progress, and details on decisions not to prosecute. The lack of input has hampered preparations, forcing the commission to rely heavily on other sources.
“We continue to call on all those who can help us with our terms of reference,” Adendorf said. “Our commissioners, led by former Constitutional Court Justice Sisi Khampepe, are adamant that we should not go the route of subpoenas as we continue to rely on the goodwill and cooperation of those who can help us in our common search for justice.”

This stonewalling echoes past criticisms. In earlier statements, the commission noted similar delays in responses from former presidents and ministers. For instance, on 13 October 2025, it blasted key institutions for stonewalling and granted extensions to figures like former presidents Jacob Zuma and Thabo Mbeki, and former Justice Minister Brigitte Mabandla, amid a drought of submissions. Despite these hurdles, the inquiry has received input from civil society, like AfriForum’s response on 14 October 2025, which the commission addressed publicly.

The frustration comes after a pre-inquiry meeting on 8 September 2025, where stakeholders discussed the road ahead. Regulations were published on 19 August 2025, and rules on 29 August 2025, setting the stage for hearings. Without full cooperation, however, the process risks missing crucial insights into why justice was delayed for so long.

Public Hearings Set to Begin on 10 November

Despite the challenges, the commission is pressing forward with public hearings starting on 10 November 2025. These sessions will allow oral testimonies from interested parties, building on written submissions received so far. The inquiry has invited families of victims, whistleblowers, former security officials, and others with knowledge to share their stories.

A preliminary timetable was considered in September 2025, following consultations. The hearings aim to uncover patterns of interference, such as decisions in 2003-2007 under then-NPA head Vusi Pikoli, who alleged political pressure to drop cases. Evidence leaders, announced in August 2025, will guide the process to ensure fair and thorough examination.

The commission encourages submissions via its website, where forms and guidelines are available. It has already held virtual and in-person engagements to gather input, emphasising the need for transparency to heal old wounds.

Broader Context: Unfinished Business of the TRC

The TRC, chaired by Archbishop Desmond Tutu, was a cornerstone of South Africa’s transition to democracy, offering amnesty for truth but recommending prosecutions for unrepentant perpetrators. Yet, many cases – like the killings of the Cradock Four, Steve Biko, or Ahmed Timol – saw inquests reopened only recently, often through family-led efforts.

Critics argue political deals, fear of instability, or corruption stalled progress. A 2024 report by the Foundation for Human Rights noted over 100 TRC cases still pending, with victims’ families feeling abandoned. The inquiry, stemming from a 2024 court order in the Timol case, represents a renewed push for accountability.

Human rights groups welcome the hearings but warn that without full state cooperation, the truth may remain buried. “This is about justice for those who suffered under apartheid,” said one activist. “Delays only prolong the pain.”

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