South Africa: TRC Prosecutions and Investigations Ground to a Halt After 'Moratorium' Declared, Inquiry Hears

By Marianne Thamm

A declared 'moratorium' on prosecutions under the TRC left justice stalled as critical investigations were derailed, highlighting contentious alleged political interference.

Dr Silas Ramaite, former Special Director of Public Prosecutions at the National Prosecuting Authority (NPA), has told the Khampepe inquiry into delayed Truth and Reconciliation prosecutions that the "Chikane matter" was "a red herring" to halt all cases.

Ramaite returned to the commission on Monday for cross-examination by legal representatives of the NPA and the South African Police Service (SAPS), advocates Yanela Ntloko and Motlalepule Rantho, who have challenged him on various points.

The NPA noted that Ramaite had alleged that in 2004 he had received an "unconstitutional" instruction from then minister of justice and constitutional development Bridget Mabandla, but had failed to "resist it, seek legal advice, or report it to an oversight authority".

Ripe for prosecution

Ramaite, the senior official who oversaw TRC cases, previously informed the panel that the criminal case involving former minister of police Adriaan Vlok, police commissioner Johan van der Merwe and three others, for orchestrating the 1989 poisoning of Reverend Frank Chikane, had been "ripe for prosecution".

That is, until Mabandla stepped in. At the time, Ramaite said he had adopted a "wait and see" attitude concerning her order.

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