Siyabonga Sithole|Published
Former Minister of Justice and Constitutional Development, Brigitte Sylvia Mabandla, has indicated that she instructed the former acting National Director of Public Prosecution (NDPP), Dr Silas Ramaite, to halt Truth and Reconciliation Commission (TRC)-related matters until the development and adoption of prosecutorial guidelines.
However, Mabandla on Wednesday denied allegations levelled against her by the former acting NDPP, who, during his appearance before the Khampepe Commission of Inquiry, testified that former leaders, including Mabandla, were responsible for interference with TRC-related investigations.
During his testimony, Dr Ramaite levelled serious allegations against Mabandla, asserting that political interference obstructed the prosecution of apartheid-era human rights violations. Specifically, he revealed that in November 2004, Mabandla instructed the National Prosecuting Authority (NPA) to cease all TRC case prosecutions.
"I instructed Dr Ramaite that all TRC cases must be placed on hold until the development and adoption of prosecutorial guidelines," Mabandla told Chairperson Justice Sisi Khampepe on Wednesday.
The former minister further attributed delays in the finalisation of the guidelines to being at the centre of delays that affected the prosecution of TRC matters, resulting in numerous failures, including the arrest of three security officials.
"This formulation of the guidelines took two years. In early 2006, the guidelines were approved. This shows, amongst other things, that Dr Ramaite had already stopped the arrest of perpetrators and thus the prosecution of TRC cases on the 9th November 2004. Before the alleged phone call and instruction by me, which I deny, on the 11th November, 2004."
She also recounted a meeting from May 3, 2007, where it was discussed how the NPA was managing the TRC cases.
Advocate Anton Ackerman and Advocate Vusi Pikoli were present, and during the proceedings, Ackerman revealed that he had been impeded from arresting the three implicated security officers on November 9, 2004, further corroborating Mabandla’s statements regarding the timeline of events.
"Advocate Ackerman told Parliament that on the 9th October November 2004, he was stopped when trying to arrest three security, she asserted," she added.
Mabandla further asserted that during her tenure as minister, which ran from 2004 to 2008, she established the TRC Unit to ensure TRC matters were prioritised.
"The TRC Unit was established during my tenure. The purpose of setting up the unit was to come up with policies that would assist the victims and the government."
Mabandla concluded her testimony shortly after lunchtime. The commission is set to resume its proceedings on Thursday.
siyabonga.sithole@nationalmg.co.za