South Africa Launches Judicial Inquiry into Alleged Obstruction of Apartheid-Era Prosecutions

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South African President Cyril Ramaphosa has officially announced the creation of a judicial commission of inquiry to investigate whether there were deliberate attempts to hinder the investigation and prosecution of apartheid-era crimes, particularly those highlighted by the Truth and Reconciliation Commission (TRC) for further legal action.

According to a statement from the Presidency on Thursday, the commission will be chaired by retired Constitutional Court Justice Sisi Khampepe. Its formation is a key outcome of a recent court-approved settlement between the state and families of apartheid victims.

The announcement follows a legal application submitted in January 2025 by 25 families and survivors to the Pretoria High Court. They sought constitutional damages, accusing the state of a prolonged failure to pursue justice in cases identified by the TRC. Established in 1995, the TRC was mandated to uncover human rights abuses during apartheid by gathering public testimony from victims, witnesses, and perpetrators.

In its final report, the TRC recommended around 300 cases for potential prosecution. However, over two decades of inaction by the state have left most of these cases unresolved. In some instances, alleged perpetrators have died or become unfit for trial, raising serious concerns about institutional accountability and political will.

The Presidency confirmed that the commission will operate under broad and detailed terms of reference. It will assess whether undue influence was exerted on the South African Police Service (SAPS) or the National Prosecuting Authority (NPA) to delay or block investigations and prosecutions. The commission will also be empowered to propose further legal action—such as prosecutions, additional investigations, or compensation for victims and their families.

President Ramaphosa underscored the importance of the inquiry, stating: “A commission of inquiry with broad and comprehensive terms of reference is an opportunity to establish the truth and provide guidance on any further action that needs to be taken.”

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The commission is expected to complete its work within six months and submit its report within 60 days thereafter. This inquiry marks a critical step in South Africa’s ongoing pursuit of transitional justice and could offer long-overdue redress for victims of apartheid-era political violence.

The initiative reinforces South Africa’s commitment to meaningful justice and accountability, emphasising that transitional justice must go beyond symbolic gestures to include effective mechanisms for truth, redress, and state responsibility.