Cross-examination of former NPA boss postponed at TRC inquiry

The Truth and Reconciliation Commission (TRC) Cases Inquiry resumed on Monday with a procedural ruling postponing the cross-examination of former National Director of Public Prosecutions Bulelani Ngcuka, despite an earlier directive permitting it.

The inquiry, chaired by Justice Sisi Khampepe, is probing allegations of political interference in the prosecution of apartheid-era crimes that were not pursued after the work of the Truth and Reconciliation Commission.

Ngcuka, who led the National Prosecuting Authority from 1998 to 2004, had been expected to begin testimony when his legal representative, Advocate Rafik Bhana, objected to the timing and basis of the proposed cross-examination by families linked to unresolved TRC matters.

Bhana argued that the Calata Group – representing 25 families of apartheid-era victims – does not have the necessary legal standing to cross-examine Ngcuka, saying his February 2026 statement does not directly implicate them, a requirement under the commission’s regulations.

He further submitted that cross-examination is not automatic and remains subject to the discretion of the commission’s chairperson.

Counsel for the families opposed the objection, arguing there was no basis to revisit the earlier ruling permitting cross-examination.

In her ruling, Khampepe clarified that her earlier decision allowing cross-examination still stands. However, she said it would not proceed on Monday and would instead be scheduled for a later date to allow adequate preparation time.

Khampepe indicated that a two-week preparation period would be reasonable and directed that any documents intended for use during cross-examination be provided to Ngcuka’s legal team by 4 March.

Following the ruling, the commission briefly adjourned before Ngcuka was sworn in.

Under oath, Ngcuka confirmed his February 2026 statement and began outlining his personal and political background, including his student activism following the death of Steve Biko, as well as his detentions and imprisonment during apartheid.

Ngcuka told the inquiry he appeared voluntarily to account for decisions taken when TRC-related cases were referred to his office. He said he was determined that apartheid-era crimes revealed through the TRC process would not collapse due to weak prosecution.

He testified that when he took office in August 1998, the NPA was newly established and faced significant resource constraints, low morale within the prosecution service and high levels of violent crime nationally.

Ngcuka said these challenges required cooperation with other state institutions and the private sector to establish specialised units, including the Investigating Directorate on Organised Crime and Corruption.

He also explained that he centralised sensitive TRC-related matters in his office to avoid prosecutorial failures that had previously led to cases being dismissed.

Proceedings have adjourned and will resume on Tuesday morning.

Written by: Lebohang Ndashe