TRC Inquiry | Kubayi rejects political interference claims as inquiry probes delayed apartheid-era prosecutions

Minister of Justice and Constitutional Development, Mmamoloko Kubayi, has rejected allegations that government deliberately interfered in apartheid-era prosecutions, telling the TRC Cases Inquiry she has never seen evidence of decisions to halt investigations or shield perpetrators.

Under cross-examination on Friday, Kubayi maintained that while court judgments and National Prosecuting Authority (NPA) documents refer to executive interference, she cannot accept those conclusions without examining the evidence herself.

Appearing before the Khampepe Commission, Kubayi said that since joining Cabinet in 2017, she has not seen any Cabinet resolution directing that Truth and Reconciliation Commission (TRC) cases be abandoned or discussed in a way that prevented prosecutions.

Her evidence came during questioning by Advocate, Howard Varney, who represents families of apartheid victims. Varney confronted the minister with a Supreme Court of Appeal judgment and National Prosecuting Authority documents that suggest executive interference contributed to delays in prosecuting apartheid-era crimes.

Kubayi maintained the events predated her tenure in government and said she could not endorse claims of political interference without assessing the underlying evidence. She added that the Khampepe Commission was established to determine what happened and that government would await its findings before drawing conclusions.

The minister also defended government’s efforts to implement the recommendations of the Truth and Reconciliation Commission, arguing that justice extends beyond criminal prosecutions.

She told the inquiry government has reopened apartheid-era inquests, overseen exhumation and reburial projects, expanded housing reparations, and introduced funding for victims’ families to travel and attend court proceedings.

Kubayi said the measures are aimed at strengthening accountability while helping families achieve long-awaited closure.

The Khampepe Commission is investigating whether political or institutional interference prevented the prosecution of apartheid-era crimes, leaving many victims and their families without justice decades after the Truth and Reconciliation Commission concluded its work. Friday’s proceedings focused on whether successive governments did enough to pursue those cases and whether political influence contributed to years of delay.

The Minister of Justice and Constitutional Development, Hon. Mmamoloko Kubayi, is appearing before the Khampepe Judicial Commission of Inquiry into the Investigation and Prosecution of Apartheid-Era Crimes

Minister Kubayi’s testimony covers matters relating to her role as… pic.twitter.com/p47XbgKc2E

— The DoJ & CD (@DOJCD_ZA) August 7, 2026

Written by: Lebohang Ndashe