TRC inquiry hears ANC prosecution fears may have delayed Apartheid cases

The TRC Cases Inquiry has heard that fears of possible prosecutions against senior African National Congress (ANC) leaders, including former president Thabo Mbeki, may have contributed to resistance within the South African Police Service (SAPS) to pursue apartheid-era investigations.

Retired General, Raymond Lalla, returned to the inquiry on Thursday for cross-examination over allegations of interference and delays in unresolved TRC prosecutions.

Families of apartheid victims, represented by Advocate Howard Varney, questioned Lalla about a confidential 2004 memorandum authored by then acting National Director of Public Prosecutions (NDPP), Silas Ramaite.

The memo allegedly suggested that SAPS was reluctant to investigate former Security Branch members and warned that prosecutions of apartheid-era operatives could trigger pressure to pursue senior ANC leaders.

During proceedings at the Khampepe Commission, Lalla denied knowledge of any coordinated effort within SAPS to shield former apartheid-era officers or target liberation movement figures.

The inquiry also heard that years of delays in apartheid-era investigations placed prosecutors under pressure, with victims’ families threatening legal action as cases remained unresolved long after the Truth and Reconciliation Commission concluded its work.

Cross-examination focused on efforts by former TRC prosecutor, Advocate Chris McAdam, to secure experienced investigators for unresolved apartheid-era matters.

Lalla confirmed that McAdam approached him in 2008 and 2009 seeking assistance in identifying investigators to work on the cases.

He told the inquiry he was concerned to discover that SAPS lacked a dedicated and systematic investigative capacity for TRC-related crimes despite ongoing pressure from prosecutors and victims’ families.

Lalla admitted he was troubled by the slow pace of progress and bureaucratic obstacles affecting investigations into apartheid-era crimes.

Proceedings later turned to a controversial 2004 Amnesty Task Team report bearing Lalla’s name as one of its members.

Evidence leader, Advocate Baitseng Rangata, questioned Lalla about the document, which allegedly contained discussions and recommendations linked to politically sensitive apartheid-era prosecutions.

Lalla admitted attending at least one Amnesty Task Team meeting but maintained that the discussions were largely legal in nature and outside his area of expertise.

He repeatedly told the inquiry that he could not recognise parts of the document or recall recommendations attributed to the task team.

Lalla further stated that he later informed his superiors that he was unable to meaningfully participate in the work of the task team.

The retired general also told the inquiry he had been informed that many apartheid-era intelligence documents were destroyed before South Africa’s democratic transition in 1994.

Proceedings have been adjourned and are expected to resume on Monday.

Written by: Lebohang Ndashe