Hope Ntanzi|Published
Former president Thabo Mbeki has denied allegations that he held secret meetings with apartheid-era military and police generals to find ways to prevent them from facing prosecution for crimes committed during apartheid, describing the claims as a “complete fabrication”.
Mbeki made the denial yesterday while testifying before the TRC Cases Inquiry, chaired by retired justice Sisi Khampepe, which is investigating allegations of political interference in the investigation and prosecution of apartheid-era crimes referred for further action after the Truth and Reconciliation Commission (TRC).
“It’s a complete fabrication; there is no such thing, there were no meetings that took place,” Mbeki told the inquiry.
The former president is expected to testify over two days as the commission examines what happened to cases referred to law enforcement authorities during and after his presidency, including allegations that political interventions obstructed prosecutions.
The allegations before the inquiry include claims that Mbeki initiated and participated in discussions with former South African Defence Force (SADF) and police generals from 1998 to find a mechanism to avoid prosecutions arising from apartheid-era crimes.
Although he rejected claims of secret meetings to secure amnesty for former security force members, Mbeki acknowledged that there had been a meeting involving generals from the former SADF and South African Police.
He said the generals had raised concerns that the people who carried out orders were appearing before the TRC Amnesty Committee, while the political leaders responsible for those decisions had not accounted for their role.
According to Mbeki, the generals proposed that their former political principals, including former president FW de Klerk and members of the Cabinet, should appear before the Amnesty Committee to explain the decisions taken during apartheid.
The proposal was intended to ensure that political leaders also accounted for their actions, rather than leaving lower-ranking operatives to face the process alone.
The ANC had subsequently decided that its political leadership should lead by appearing before the Amnesty Committee and accounting for decisions relating to matters before it.
Mbeki rejected the suggestion that his administration changed government policy on justice to protect itself from prosecution, arguing that such a move would undermine the justice system.
“I’m saying it can’t happen,” he said.
Mbeki also disputed claims that his address to Parliament in April 2003, when the government received the TRC's final report, was intended to open the way for political interference in prosecutions.
He said the address dealt with the conclusion of the TRC's work and did not refer to the alleged meetings with apartheid-era generals.
The inquiry is examining allegations that efforts were made to stop investigations and prosecutions of apartheid-era crimes, including cases involving people who did not receive amnesty through the TRC process.
Its work has included testimony from former National Prosecuting Authority (NPA) officials about the handling of these cases and alleged political interference during Mbeki's administration.
In March, former NPA director of public prosecutions advocate Anton Ackermann told the inquiry that mechanisms introduced during Mbeki's administration, including an Amnesty Task Team and a draft amnesty Bill, had sought to accommodate individuals who had not participated in the TRC process.
Ackermann argued that changes to the prosecution policy governing TRC cases amounted to another amnesty process and raised constitutional concerns.