NPA ready to proceed with Cradock Four inquest, MPs told

THE inquest into the deaths of Fort Calata, Sparrow Mkonto, Matthew Goniwe, and Sicelo Mhlauli, famously referred to as the Cradock Four, is set to finally get under way next month following delays over the legal representation for former security police officers.

This emerged when the National Prosecuting Authority (NPA), the Department of Justice and Constitutional Development (DOJ&CD), the Hawks, Legal Aid South Africa (LASA) and the Foundation for Human Rights appeared before the Portfolio Committee on Justice and Constitutional Development on Tuesday. 

The committee was briefed on progress made to prosecute in Truth and Reconciliation Commission (TRC) related cases.

“We note the positive impact and positive progress. These matters have been delayed for too many years. The committee will closely monitor the commitments that were made, especially with next month’s inquest relating to the Cradock Four,” said committee chairperson Xola Nqola. 

The historic re-opening of the inquest was due to sit from September 2 to 20 last year, following the announcement by former Minister of Justice, Ronald Lamola, on January 5 of the same year, that the decision had been taken to re-open the inquest, almost 40 years since their assassination at the hands of the apartheid regime on June 27, 1985.

June will mark the 40th anniversary of their deaths.

Initially, over 49 people had been identified as having some direct interest in the case or an indirect link. However, many of these individuals have since died. There are now only five people left, most of them are over the age of 80 and two of them in their mid 70s.

Nqola said: “The delay is unacceptable. Evidence disappears, witnesses die, victims pass on and family members die without getting justice. Families need this closure. We will closely monitor what happens next month in the Cradock Four matter.”  

He said the committee noted with disappointment the absence of the South African National Defence Force (SANDF) from Tuesday’s meeting as one of the persons of interest in the Cradock Four matter was formerly in the SANDF. 

“Hopefully, this will not lead to another delay in the matter,” he said.

The NPA’s TRC unit told MPs that 194 matters were under investigation. Decisions have been taken not to proceed with 35 of these for various reasons while 159 others are in hand. 

Two convictions have been secured. Seven criminal cases are on the High Court roll, including the case of the COSAS Four.

The NPA also said it was concerned that with the elapse of time and despite diligent investigation, it may be unable to find the necessary evidence to reconstruct scenes, obtain expert opinion and witness statements, or similar factual evidence to work from.

The DOJ&CD said it has experienced several challenges in implementing the TRC recommendations, including several unresolved TRC matters. These include calls to re-open the victim registration process by the South African Coalition for Transitional Justice – an umbrella body for NGOs providing support to victims of apartheid crimes. 

Cape Times