Cape Town - Despite referring 129 cases from the Truth and Reconciliation Commission (TRC) to the Hawks for further investigations, the National Prosecuting Authority (NPA) has yet to conclude its re-assessment of the TRC cases.
This emerged from Justice and Correctional Services Minister Ronald Lamola’s response to parliamentary questions from GOOD party MP Brett Herron.
He had enquired whether the NPA had concluded its assessment of the TRC cases as was envisaged, that the NPA would take a decision on the remaining cases.
He also asked the reasons for the remaining cases that were not referred for investigation and/or prosecution and which have already been referred to the Hawks.
“It is not possible to stipulate a specific date as it is an ongoing process. However, efforts are made to ensure that the matters are referred as speedily as possible,” he said.
Prior to September 2021, a total of 59 TRC cases were under investigation by the Hawks. These were overseen by the Priority Crimes Litigation Unit (PCLU) until the matters were migrated to the respective provinces in April, 2019.
Lamola said a further 55 cases were identified for re-opening by the PCLU.
“These pertain to the deaths in detention, where detainees who were detained for contravention of security legislation or died under circumstances which necessitated further investigation.
“Some investigations also pertain to deaths where the deceased died in alleged confrontations with the police,” Lamola said.
The KwaZulu-Natal and Johannesburg divisions have the most cases at 29 and 25, respectively. The Eastern Cape division has 13 cases, Pretoria 11, Mthatha and Limpopo 10 each, Western Cape nine, North West five, Mpumalanga four, Northern Cape three and Free State two.
Lamola said his department has a list of the matters that were under investigation.
“It must be emphasised that this information is confidential, and the risk in the release of this information is that it might compromise further investigations.
This creates challenges for investigators and prosecutors alike, once suspects/witnesses/persons of interest are made aware of matters under investigation.”
In June, MPs heard from NPA head Shamila Batohi that the prosecuting authority had established a dedicated TRC component, in the place of the defunct Priority Crime Litigation Unit (PCLU).
Batohi said at the time they had contracted 16 TRC prosecutors whom they planned to hire permanently.
According to Lamola, Batohi has sent an internal memorandum to all NPA divisions that in all TRC matters under investigation, dedicated prosecutors should ensure that contact was made with the families.
“It was also emphasised that families must be updated regularly on the progress made in their matters,” the minister said.
Cape Times