Question NO35 to the Minister of Justice and Constitutional Development
05 March 2025 - NO35
Nomvalo, Mr S to ask the Minister of Justice and Constitutional Development
Whether, since her department’s media statement on 5 January 2024, wherein it was stated that she acted on the recommendation of the National Prosecuting Authority to approach the Judge President of the Eastern Cape Division, in terms of section 17A (1) of the Inquests Act, Act 58 of 1959, to appoint a judge to reopen and direct the reopened inquest into the brutal murder of the Cradock Four, Mr Mathew Goniwe, Mr Sparrow Mkonto, Mr Fort Calata and Mr Sicelo Mhlauli by security forces of the apartheid government, in respect of which not a single police official responsible for the atrocity has been brought to book to date, despite their names being publicly known, leaving the families of the victims yearning for justice and closure, she has taken any steps to ensure that the inquest is conducted with a sense of urgency to bring closure to this matter, so that the families of the victims can finally get justice and emotional closure; if not, why not; if so, what are the full details of the (a) timeline for the conclusion of the inquest and (b) communication she has had with the families of the Cradock Four?
Reply:
The preamble of constitution says among other things that “We, the people of South Africa, Recognise the injustices of our past and Honour those who suffered for justice and freedom in our land. It further commits all of us that we need to “Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights”.
Dealing with the matters of the TRC is fundamentally about healing the injustices of the past. It is our responsibility to do whatever is within our power and capability to ensure that the victims who suffered the pain of loss of their loved ones get justice, the truth about what happened to their loved ones and closure. The inquest into the brutal murder of the Cradock four Mr Matthew Goniwe, Mr Sparrow Mkhotho, Mr Fort Calata and Mr Sicelo Mhlauli by the security forces of the apartheid government is receiving our utmost attention.
The NPA has been liaising with the families and legal representatives since early 2023. During 2023, the legal representatives and families of the Cradock four were consulted and informed of the decision by the DPP, EC Mr Madolo to reopen the inquests into the deaths of the Cradock four. The decision was supported by the legal representatives and the families.
When it came to my attention that the inquest was delayed as a result of the inability of some of the victims to secure financial support, I immediately instructed the Department to make resources available so that the inquest can proceed on the 2nd of June 2025. Through the Legal Aid South Africa we have made resources available to support the victim family with legal representation. Given our interest in seeing justice prevail for the victims and for this situation not to repeat, we are reviewing the funding regulations of the Legal Aid South Africa to allow for funding of the TRC identified victims of apartheid.
The inquest is scheduled to commence on 02 June 2025 and is set down for 3 weeks. As this is a court process, we cannot determine the timeframe for the conclusion of the inquest.