Cape Town – The National Prosecuting Authority (NPA) has yet to make a decision over whether it will prosecute or not in the deaths of anti-apartheid activists despite a commitment made three months ago.
In June Parliament heard that investigations into the deaths of the Cradock Four – Fort Calata, Matthew Goniwe, Sparrow Mkonto and Sicelo Mhlauli – were at an advanced stage.
National Director of Public Prosecutions Shamila Batohi at the time said they hoped to make a decision “within a month to six weeks, it won’t be longer than that”.
However, it emerged on Sunday that Batohi’s deadline, which was July 15, has not been met and the affected families have not been contacted.
This was despite Justice and Correctional Services Minister Ronald Lamola saying in a recent written parliamentary reply that the NPA had already taken steps to improve the communication process with families of victims emanating from Truth and Reconciliation Commission (TRC) matters.
On Sunday, the son of Fort Calata said there was no communication from the NPA on whether they would prosecute or not since Batohi made her commitment.
“Six weeks came and went and another six weeks came and went. We still have not heard anything from the NPA,” Lukhanyo Calata told the Cape Times.
Calata said the failure by the NPA to make a decision was yet the latest failed commitment from the prosecuting body.
“They have not kept their word. They say one thing and do a completely different thing. It speaks to the lack of respect they have not only for us as the families, but also for the people who died in the Struggle for freedom,” he said.
Contacted for comment, NPA spokesperson Mthunzi Mhaga said he could “only get a response from colleagues tomorrow”.
Calata’s comments came as Lamola said the Directorate for Priority Crime Investigation (DPCI) has investigated a total of 129 cases that arose from the Truth and Reconciliation Commission (TRC).
GOOD MP Brett Herron wrote to Lamola to enquire about the position regarding 200 cases of apartheid-era atrocities that were recommended by the TRC for investigation and/or prosecution after Police Minister Bheki Cele said 100 cases were referred to the DPCI for investigation.
Herron also wanted to know the criteria the NPA used to select and prioritise cases that were referred to the DPCI for investigation.
Lamola said that prior to September 2021, a total of 59 TRC cases were under investigation by the DPCI and a further 55 were identified for re-opening by the former head of Priority Crimes Litigation Unit until they were migrated to the respective provinces.
“These cases pertained to deaths in detention where detainees, detained mainly under security legislation, died under circumstances which necessitated further investigation,” he said.
Lamola also said the matters were identified based on the information that was available at the time.
“Between September 2021 and July 2022, a total of 129 cases are now under investigation,” he said.
Cape Times
