Ramaphosa not summoned to TRC inquiry on apartheid cases - TimesLIVE

President Cyril Ramaphosa has not been summoned to appear before Justice Sisi Khampepe after submitting an affidavit explaining why he did not agree to a request, endorsed by the late Desmond Tutu, for six years to establish an inquiry to investigate allegations of political interference to stop the investigation or prosecution of apartheid-era atrocities.

Imtiaz Ahmed Cajee, the nephew of murdered anti-apartheid activist Ahmed Timol, testified at the Truth and Reconciliation Commission (TRC) cases inquiry chaired by Khampepe and alleged Ramaphosa ignored the pleas of the victims of apartheid atrocities and their families to have the TRC cases investigated and prosecuted.

The TRC is investigating allegations that political leaders interfered to ensure deliberate suppression of the bulk of apartheid-era cases from the TRC.

Documents before the commission show that in February 2019, former TRC commissioners Yasmin Sooka and Adv Dumisa Ntsebeza wrote a letter endorsed by TRC chair Tutu to Ramaphosa urging him to establish a commission to investigate a “shameful story of terrible neglect” and claims of political influence into the failure of prosecution of apartheid-era cases.

Ramaphosa, in an affidavit before the Khampepe commission, concedes his office received the letter and did not establish an inquiry when the request was made because there were plans by the department of justice and former National Prosecuting Authority (NPA) head Shamila Batohi during her tenure to resolve the prosecution delays.

“I did not accede to requests to establish a commission, because the NPA, justice ministry were committed to addressing the complaint of a delay in prosecutions and the suspicion that the delay was due to political interference in legitimate ways, other than a commission of inquiry,” Ramaphosa said.

The president established the commission in May 2025, three decades after the TRC concluded its work and referred about 300 cases for prosecution to the NPA, with only a few cases before court.

“The ministry of justice tried to find ways to address the delay complaint and the suspicion that the delay was the result of political interference by members of the government. They could not and did not do that by interfering with the prosecutorial work of the NPA. Neither did I,” Ramaphosa’s affidavit reads.

Ramaphosa argues the allegation by Cajee of ignoring pleas does not form part of the terms of reference of the commission, adding that in law he is not under a constitutional, statutory or other legal obligation to establish a commission.

“The terms of reference do not include the investigation of the allegation that I ignored pleas to have TRC cases investigated and prosecuted. As far as I am aware, no allegation has been made against me of efforts or attempts to influence or pressure the South African Police Service or NPA to stop investigating or prosecuting TRC cases,” Ramaphosa said.

TRC cases inquiry spokesperson Lionel Adendorf told Business Day that Ramaphosa has not been invited to appear before the commission yet.

“He has submitted an affidavit already and the evidence leaders do not think that there is a need for him to testify. He has not been sent any invitation,” Adendorf said.

The allegations investigated by the commission centre on the tenures of former president Thabo Mbeki and Jacob Zuma’s ANC leadership facing claims of attending secret talks with former South African Defence Force (SADF) generals and police generals aimed at finding a mechanism to avoid prosecutions arising from apartheid human rights violation crimes.

Former president FW de Klerk’s foundation in 2021 issued a statement in which it claimed there was “an informal agreement between the ANC leadership and former operatives of the pre-1994 government, the NPA suspended its prosecutions of apartheid-era crimes”.

In his rebuttal Ramaphosa says: “I do not know of such an agreement. As far as I am aware, there is no agreement as alleged or suspected.”

Addressing why he did not respond to letters flagging prosecution issues, Ramaphosa said “the fact that there was no response to previous letters does not mean that nothing was done to address the root cause of the concerns in those letters.”

He said action was taken by the NPA to resolve the prosecution dilemma of TRC cases when he took over as president.

“Even before Ms Batohi took over, the justice ministry had inquired from her predecessors why TRC prosecutions were taking so long. I was informed and aware that the justice ministry had inquired of the NPA about delays in prosecutions after the first letter by former TRC commissioners. The justice ministry was satisfied that the NPA was working at reducing delays and speeding up prosecutions,” Ramaphosa said.

“If I tried to influence the NPA in prioritising TRC or any other cases, or if I intervened by attempting to get the NPA to speed up their prosecutions, that could and would be seen as executive interference with the prosecutorial independence and work of the NPA.”