Apathy and Delays: NPA Struggles to Resolve Apartheid-Era Cases from TRC

After nearly three decades since the Truth and Reconciliation Commission (TRC) completed its mission, the National Prosecuting Authority (NPA) of South Africa is under scrutiny for its failure to adequately address and resolve cases related to Apartheid-era crimes. Advocates Dumisa Ntsebeza SC and Sha’ista Kazee have delivered a damning report reflecting on the inefficacy of the NPA’s TRC component. The findings suggest a dire need for systemic reform and a possible probe into political meddling.

The NPA, the key justice body accountable for prosecuting these crimes, is far from reaching conclusions in the investigations of these cases. In September 2021, with promise and purpose, the dedicated TRC component was established within the NPA. Despite being equipped with 25 prosecutors and 40 investigators, their performance has been dismal. With a vast majority of cases still stagnating at the initial investigation stage—Category A—it raises critical concerns over the capacity and the efficiency of the teams involved.

As advocates Ntsebeza and Kazee delved deeper, several issues came to the forefront. One primary hurdle is the accessing of vital documentation and witnesses—a task made arduous by the passage of time. More troubling is the non-cooperation of former police Special Branch members, with some even holding back despite previously granted amnesty during the TRC hearings.

The duo addressed further obstructions such as the SAPS hindering forensic work through delays and bureaucracy—affecting case progress. The procedural impasses are alarming when considering the five-year deadline set by the NPA for these investigations, hinting that the system might be teetering towards failure.

Delays have not just been administrative; allegations of political influence have also been a point of concern. This has prompted Ntsebeza and Kazee to propose a comprehensive commission of inquiry to scrutinize and bring clarity to these claims. Once politically charged subjects enter the equation, justice is prone to obstruction, as inferred from the legal opinion delivered in the report.

The human side of these delays must not be forgotten—the victims and their families. The trust in the NPA’s capability has waned, leaving them disillusioned. Among them is Lukhanyo Calata, son of the slain Fort Calata of the “Cradock Four,” who embraces the idea of an inquiry for transparency and resolution.

Calata's views mirror the frustration felt among many South Africans awaiting justice. The NPA’s delay sends a disparaging message to the affected families: that their need for justice is relegated to the organization's backlog, another file gathering dust. This sentiment is echoed by former NPA head Vusi Pikoli, who stresses the legal obligation to probe allegations of interference and calls for political will for an effective inquiry.

In conclusion, the NPA must heed Ntsebeza and Kazee's advice to act promptly and decisively. Strenghtening efforts, efficient processes, and perhaps most significantly, independence from external pressures, are necessary for ensuring justice prevails. As the NPA deliberates over the recommendations, South Africans look on in the hope that their arduous wait for justice will not be in vain.