Cape Town - The National Prosecuting Authority (NPA) opened more than 100 new investigations in connection with Truth and Reconciliation Commission (TRC) cases as of the end of October.
This was revealed by acting National Director of Public Prosecutions, Rodney de Kock when the NPA briefed the justice and correctional services portfolio committee recently.
De Kock said there had been substantial progress in the management of TRC cases since they last briefed the committee in June.
“We have increased dedicated capacity both in terms of investigators and prosecutors. We also had engagements with the families,” he said.
De Kock said 38 new investigations were opened between September and April 2022. He said an additional 32 investigations were opened between May and October 2022.
“In September 2021, 59 TRC matters were under investigation. As of October 2022, 64 new investigations stemming from the TRC have been re-opened.
“There is thus a total of 129 cases are presently under investigation in different stages or in court,” he said.
According to De Kock, the missing person task team has recovered 179 remains of missing persons.
“The work continues, and it (missing persons task team) is an important institution in the NPA to bring closure to families and victims of apartheid offences.”
De Kock told the committee that there were 25 prosecutors assigned to the TRC-related cases.
“They work as a cohesive unit nationally although placed in divisions and only do TRC work. They don’t do other work.”
He also said there were 40 investigators assigned by the Directorate of Priority Crime Investigation to work on the TRC cases.
The highest volumes of TRC matters were reported in KwaZulu-Natal with 29, Gauteng and Limpopo with 25 and Eastern Cape with 25. In 64 of the matters, statements have been obtained, witnesses have been traced, exhibits, dockets and records of inquest have been sought.
“In most matters, families have been informed, where traceable. Fifty-six matters occurred between 1980 and 1989. Twenty-seven matters occurred between 1970 and 1979.”
Meanwhile, Justice and Correctional Services Minister Ronald Lamola said according to the NPA statistics, prior to September 2021, a total of 59 TRC cases were under investigation by the Directorate Priority Crime Investigation (DPCI).
“These cases pertained to the deaths in detention where detainees, detained mainly under security legislation, died under circumstances which necessitated further investigation. These matters were identified on the available information at that stage. The process to review the TRC Recommendations is ongoing, and relevant information is extracted from the multiple volumes of the Final TRC Report.
“The criterion currently used is to first establish if the charge/s against person/s has not prescribed. Once it has been ascertained that the matter was referred by the TRC and the charges have not prescribed, then the matter is referred for re-opening to DPCI for the allocation of an investigator.
“After an investigator is appointed, the matter is referred to the office of the relevant Director of Public Prosecutions (DPP), where a dedicated TRC prosecutor is assigned the matter for prosecution-guided investigation to take place.”
Cape Times