TRC cases inquiry | Mabandla disputes claims she halted prosecutions, points to 2007 report

Former Justice Minister, Brigitte Mabandla, has disputed allegations that she instructed officials to suspend prosecutions of apartheid-era crimes, arguing that a parliamentary report indicates the process had already been halted before she was allegedly involved.

Mabandla took the stand at the Khampepe Commission of Inquiry on Wednesday, which is probing allegations of political interference in the prosecution of crimes arising from the Truth and Reconciliation Commission (TRC) process.

The allegations centre on claims that Mabandla instructed former acting National Director of Public Prosecutions (NDPP), Silas Ramaite, on 11 November 2004 to put TRC-related prosecutions on hold pending the development of prosecutorial guidelines.

Ramaite previously testified that the alleged instruction led to the suspension of investigations and prosecutions. Former prosecutor, Anton Ackermann, also told the inquiry he had been informed that the cases should be placed on hold.

However, Mabandla pointed to a 2007 parliamentary report which, she argued, indicates that Ramaite had already halted arrests in November 2004, before the alleged instruction from her.

Mabandla also denied knowing the attorney who was allegedly told that she would make contact regarding the matter. She argued that no official from her department had been identified as communicating a decision to halt the prosecutions.

She further maintained that her department would not have intervened in prosecutorial decisions, which fall under the National Prosecuting Authority (NPA).

Explaining her working relationship with the NPA, Mabandla said she relied on formal meetings and established government channels to communicate with prosecuting officials.

She said routine policy matters and issues requiring input from prosecutors were generally discussed at scheduled meetings. Her familiarity with former NDPPs, Bulelani Ngcuka and Vusi Pikoli, also allowed her to contact them directly when necessary, although meetings were arranged through officials in her office who communicated the purpose of the engagement.

Mabandla also told the commission that she could not recall all the details surrounding the handling of TRC cases during her tenure as Justice Minister from 2004 to 2008, citing the passage of time and her lack of access to official records.

She recalled being briefed on the NPA’s work by then-NDPP, Bulelani Ngcuka, but said she could not remember whether she received subsequent updates on the TRC cases.

Her testimony also touched on the Justice Department’s efforts to implement TRC recommendations, including reparations and investigations into missing persons.

The Khampepe Commission is examining whether political interference obstructed the prosecution of apartheid-era crimes after the TRC process. It has yet to make findings on the allegations against Mabandla.

The inquiry adjourned on Wednesday and is expected to resume on Thursday.

@TRC_inquiry
Former minister Mabandla testifies that Dr Ramaite had already stopped the arrest of three apartheid security policemen on 9 November 2004 prior to the alleged “instruction from me” on 11 November 2004.

— TRC_inquiry (@TRC_inquiry) October 21, 2026

Written by: Lebohang Ndashe