South Africa sets up inquiry into slow apartheid justice

South African President Cyril Ramaphosa. [AFP]

South African President Cyril Ramaphosa announced Wednesday a judicial inquiry into claims of deliberate delays in prosecuting apartheid-era crimes three decades after the end of white-minority rule.

The Truth and Reconciliation Commission (TRC) created in 1996 exposed crimes, including murder and torture, carried out during apartheid but few of these cases have progressed to trial.

"Allegations of improper influence in delaying or hindering the investigation and prosecution of apartheid-era crimes have persisted from previous administrations," the presidency said in a statement.

"Through this commission, President Ramaphosa is determined that the true facts be established and the matter brought to finality," it said.

Led by the late Archbishop Desmond Tutu, the TRC heard over two years harrowing accounts from hundreds of victims and perpetrators of apartheid-era abuse.

It granted amnesty to 850 people who confessed to their crimes and also recommended more than 300 cases for prosecution.

Ramaphosa would soon announce who would head the new inquiry as well as its timetable and terms of reference, the statement said.

The announcement came after 25 families of victims and survivors sued Ramaphosa and the government in January over a lack of justice.

They included the son of Fort Calata, among anti-apartheid activists known as the Cradock Four who were abducted and killed by security police in 1985.

Lukhanyo Calata, whose father Fort was stabbed to death and burnt, said they looked forward to the hearings and finding out who interfered with the work of the National Prosecuting Authority.

"Their dark and dastardly deeds must be brought into light. This is yet another crucial step to help the long suffering families on their journey towards truth, justice and closure," told AFP.

Compensation

The victims' legal suit sought constitutional damages for the government's alleged failure to investigate and try the case.

"Following discussions involving the presidency, the families and other government bodies cited in the application, there was a joint agreement to establish the commission," Ramaphosa's office said.

"Government will be seeking a stay of application on these outstanding matters pending the conclusion and outcomes of the Commission of Inquiry," it said.

The rights group representing the victims said welcomed Ramaphosa's move but expressed displeasure at the mediation not ceding to all their demands.

The Foundation for Human Rights (FHR) said it rejected the proposal to use the commission to address victims' rights and constitutional damages, arguing that only a court can determine such matters.

"The applicants are very disappointed at the about-turn of the president," FHR said in a statement.

Critics have long alleged a covert agreement between the former white-minority government and the post-apartheid leadership of the African National Congress to prevent prosecutions.

The foundation of the country's last white president, FW de Klerk, suggested in 2021 that prosecutors halted the trials due to an "informal agreement" between the post-apartheid leadership of the African National Congress and the former government.