NPA accused of failing constitutional duties in apartheid-era crime cases

The TRC cases inquiry, probing delays in the prosecution of apartheid-era crimes, has heard that the National Prosecuting Authority was swayed from carrying out its constitutional and statutory duties.

Testifying before the inquiry, Advocate Dumisa Ntsebeza said that his 2023 review of the NPA’s work found that prosecutors failed to adequately pursue cases arising from the TRC despite clear legal obligations to do so.

Ntsebeza was appointed by former NPA head Shamila Batohi to assess how TRC matters were being handled by the NPA following years of inaction after the commission concluded its work.

Renowned activist and human rights lawyer advocate Dumisa Ntsebeza has told the inquiry, chaired by Judge Sisi Khampepe, that his review of the NPA’s handling of the TRC case was severely constrained.

Ntsebeza said that his mandate was limited only to the NPA, adding he did not have the powers to subpoena witnesses, compel documents, or conduct search and seizure operations.

As a result, a full investigation into allegations of political interference could not be conducted.

When she appeared before the inquiry previously, former NPA boss Shamila Botohi defended the NPA's efforts in dealing with these cases during her tenure, saying she had done everything in her power to do right by the affected families.

Adding that the NPA can only pursue matters where prosecutorial standards are met.

However, during his testimony, Ntsebeza says the failures undermine accountability for apartheid-era crimes.

Further stating that the work done to bring perpetrators of apartheid-era crimes who don't have amnesty to book was just disappearing with no accountability.

He hopes this inquiry, established in part because of recommendations from the review in 2023, will finally uncover the true reasons behind the delays in prosecuting these cases.