WATCH | ‘Political interference delayed prosecuting TRC cases’

Political interference caused significant delays and weakened the prosecution of apartheid-era crimes, according to former National Prosecuting Authority (NPA) boss Shamila Batohi.

She revealed this on Wednesday while appearing before the Truth and Reconciliation Commission inquiry in Johannesburg.

The inquiry is probing why many cases referred by the TRC — particularly those where perpetrators were denied amnesty — were never fully investigated or prosecuted.

Batohi highlighted the Joao Rodrigues 2019 court judgment, saying it flagged serious concerns about interference in the handling of these cases.

Rodrigues was implicated in the murder of anti-aparthied activist Ahmed Timol, who was arrested at a roadblock and later died at the then John Voster Square police station, known today as Johannesburg Central.

The apartheid police said at the time that he had taken his own life by jumping out of a window, something his family vehemently denied.

“As I indicated earlier, when I took office in February 2019, the South Gauteng High Court was seized with this matter, and judgment was delivered on June 3 2019,” Batohi said.

“The court found that political interference had materially affected the NPA’s ability to deal with TRC cases due to a lack of resources. Although the form of interference was not specified, the court emphasised the NPA’s duty to act in the public interest,” she said.

Batohi said the judgment prompted immediate engagement with the government on how to respond. She then reached out to then justice minister Ronald Lamola regarding the way forward, she said. “In 2022, I received legal opinions suggesting that a panel chaired by a senior counsel would be appropriate to investigate possible interference.”

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She said this process led to the appointment of senior counsel Dumisa Ntsebeza in 2023. “He provided a draft opinion in June 2023 and a final opinion in November 2023.”

Despite these efforts, Batohi warned that delays over the years had already caused lasting damage to the prospects of successful prosecutions.

“The delays in dealing with these matters, expeditiously, definitely impacted on the ability to properly investigate and prosecute these matters. In the prosecution of any matter, delays create challenges. And if these matters, given that they were already old matters in the 2000s, had been dealt with earlier, the possibility of more success would have been there,” she said.

“But because of the time factor and what has happened over the years, it has indeed seriously hampered the ability to investigate and prosecute these matters.”

Batohi added that shifting priorities, including the focus on state-capture investigations, may also have affected capacity.

“I think it’s a reasonable inference to be drawn from the fact that resources were allocated to dealing with state capture. I’m aware of evidence leaders from the Zondo commission taking statements from NPA staff members who deposed to affidavits regarding what transpired at the time,” she said.

Batohi maintained that limited capacity at the national level further complicated matters, despite attempts to decentralise and strengthen regional capabilities.

“I’m still of the view that the capacity at the national office was insufficient … the decentralisation model resulted in enhancing capacity in the regions, together with dedicated DPCI [Hawks] investigative support,” she said.

Batohi said any political interference in prosecutions should be treated as a serious offence.

“If there was political interference by a member of the executive, the national director would first engage that person and explain that such interference could amount to a criminal offence.

“If the interference continued, the NDPP [national director of public prosecutions] would have no option but to ensure that the matter is investigated and potentially prosecuted. It is important to make it clear that such conduct is unacceptable and unlawful,” she said.