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Ex-prosecutions boss implicates former minister in obstructing TRC case

Siyabonga Sithole|Published

Brigitte Mabandla.

Image: Etienne Creux

FORMER Justice Minister Brigitte Mabandla has been named among the leaders who allegedly interfered with the prosecution of apartheid-era human rights violations.

This emerged when former Acting National Director of Public Prosecutions (NDPP), Dr Silas Ramaite, testified before the the Truth and Reconciliation Commission (TRC) Cases Inquiry, saying that Mabandla had in November 2004, instructed the National Prosecuting Authority (NPA) to cease all TRC case prosecutions.

Dr Ramaite served as deputy for 15 years before President Cyril Ramaphosa appointed him to an acting capacity in August 2018.

Dr Silas Ramaite has testified before the TRC Cases Inquiry on Monday, where he revealed that he received an instruction from then justice minister, Bridgette Mabandla, to stop TRC cases investigations.

Image: GCIS

His name was mentioned last week in connection with an allegation that then-president Thabo Mbeki had blocked the imminent arrest of the accused in the poisoning of anti-apartheid activist Reverend Frank Chikane.

"The former minister of Justice, Brigitte Mabandla, called to inform me not to proceed with the prosecution of the TRC cases. She said a Director-Generals' Forum is looking into the cases. The defence attorney Jan Wagener, who represented apartheid police officers in the attempted murder case of Rev Frank Chikane, informed the prosecutors that Minister Mabandla will contact them to halt the prosecution," he stated.

Ramaite revealed that he was subsequently contacted by Minister Mabandla, who told him that she had found a way of dealing with the TRC cases through a task team.

"My reaction was to express a concern. I told her I was concerned about an external mechanism to address this matter. I was not happy with the executive's involvement in these cases. Hearing that there was an outside mechanism was deeply concerning, as we were already seized with the cases, including the Chikane matter," he told the commission.

Ramaite indicated that the alleged interference from Mabandla was triggered by the NPA’s imminent arrest of three accused in the 1999 attempted murder of Chikane.

His testimony echoed the sentiments of Lukhanyo Calata, the son of Fort Calata, one of the Cradock Four victims, who last week stated that in 2003, Mbeki took receipt of the TRC’s Final Report, referring 300 cases to the NPA for investigation and prosecution.

Over the years, Mbeki has denied any form of interference with the NPA's work to stall progress on TRC cases.

However, Calata insisted that the former president had two terms of office, from 1999 to 2008, to ensure justice for those who were at the receiving end of apartheid-era human rights violations.

Cape Times