Question NW226 to the Minister of Justice and Correctional Services

Reply:

(1)

As a point of departure, we wish to draw the attention of the honourable Minister to the fact that the NPA is required to present on a continuous basis progress made in TRC matters to the Justice Portfolio Committee. The latest presentation can be made available to Mr B N Herron if he has not been privy thereto.

Specifically, regarding the “Cradock 4” matter a fully motivated request for the reopening of the inquest was submitted to the Minister which led to the Minister’s announcement on 5 January 2024. The NPA submitted in the application that new evidence consisting of primarily the amnesty applications and evidence obtained during the evidence during the TRC amnesty hearings of several SAPS Security Branch members and not placed before the two previous inquests rendered a reopening of the inquest in the interest of justice. This is especially important that finality and closure is brought to the families of the deceased who have waited decades for the truth of who murdered their loved ones.

(2)

As to measures, checks and balances TRC matters has since September 2021 been prioritised within the NPA, resulting in the creation of a separate TRC Component, within the office of the Deputy National Director of Public Prosecutions (DNDPP) Adv RJ de Kock.

Pertaining to capacity at national level a Special Director and a National TRC co-ordinator were appointed to assess the progress on all TRC matters and account directly to the DNDPP. There is strict monitoring and accountability.

Dedicated prosecutors and investigators were appointed within the divisions to specifically deal with TRC matters to expedite investigations and decisions. Deviation was obtained from DPSA for prosecutors to be appointed on a contract basis for a period of three years.

An audit of all outstanding matters migrated to the divisions in 2019 were done. It was important to gauge as to how far the investigation had progressed, what was outstanding, and provide a time frame for investigations to be finalised. Decisions in matters are made by the Directors of Public Prosecutions and submitted to the national office where it is carefully assessed, and due consultation and further engagement takes place where required. The NDPP retains her powers of review regarding all decisions. This is important to ensure checks and balances.

Additional matters emanating from the TRC were identified, and provided they had not prescribed, were referred formally for investigations to DPCI. Thereafter they were referred to DPPs for appointment of prosecutors to guide investigations.

Certain matters were identified for fast tracking. Factors considered were age of the matter, age of witnesses/persons of interest, availability of dockets or inquest records etc.

There are regular meetings and updates to the families, as per the instructions of the NDPP. There is also ongoing involvement of relevant stakeholders and government departments.

Accountability sessions are a joint initiative between NPA/DPCI to drive progress on TRC matters. There has been a demand and increase in sessions for upskilling of both prosecutors and investigators in relation to TRC matters.

At National level, comprehensive reports are submitted monthly where progress from all divisions, are accurately gauged. Accountability is stressed. Divisions are held to account. Interventions are staged in non-performing divisions. DPCI/NPA interactions and workshops are critical in so far as training/evaluation and progress is concerned.