No need to fear lack of judges in TRC-related cases, NPA tells MPs

The National Prosecuting Authority (NPA) on Tuesday allayed fears in connection with the availability of judges to consider scores of inquests and the need for special courts to deal with cases arising from investigations into Truth and Reconciliation Commission (TRC) matters.

Briefing the justice and portfolio committee, deputy director of public prosecutions Rodney de Kock said the majority of the matters would be dealt with in the high courts.

De Kock explained that the allocation of judges for the inquests would happen in collaboration with the director of public prosecutions of a particular jurisdiction after engagements with the Judge President.

“So there is no cause for concern. It is a normal practice in terms of enrolment of cases and the Judge President will certainly allocate an appropriate judge in each of the matters we have,” De Kock said.

He was responding to MPs after he informed them of reopened inquests that were awaiting the appointment of judges amid reports of backlogs in Gauteng that some cases may take years to be enrolled in court.

De Kock said some of the reopened inquests include those of Chief Albert Luthuli, Dr Rick Turner, advocate Griffiths Mxenge, Booi Mantyi, Moss Morudi and the Northcrest Five.

The inquest to be reopened for the Cradock Four was postponed due to legal representation challenges.

Earlier, De Kock said the TRC matters were overseen by the defunct Priority Crime Litigation Unit prior to September 2021, before a dedicated TRC component was created.

He said the component was led by a special director of public prosecutions and a national co-ordinator was also appointed.

“Since the establishment of the TRC component a great deal of work has been done and a lot of good progress has been made,” he said.

De Kock also said 104 new investigations stemming from the TRC have been added to the list of matters that have been reopened as part of their ongoing work.

The new matters are referred either by families or added through the investigations being conducted.

“A total of 126 cases are under investigation,” he said.

Responding to reported 300 cases referred for investigation by the TRC, De Kock said there was no specific total number of referrals by the erstwhile commission.

There were 16 prosecutors and 29 investigators handling the 126 cases.

The majority of matters are in the Western Cape with 11, Makhanda 12, KwaZulu-Natal 24, Johannesburg 21, Pretoria 13 and Limpopo 14.

The cases have been categorised and 45 matters were potentially ready for a decision.

Justice and Constitutional Development Deputy Minister Andries Nel said they were cognisant that their department had been entrusted with one of the most painful tasks arising out of some of the darkest chapters of the country’s very painful history.

NPA head Shamila Batohi said they had really tried very hard to ensuring that the last two years bring a level of justice and accountability with regard to atrocities committed during the apartheid years and help many families on their road to healing.

Cape Times

• R53m paid to apartheid crime victims