The National Prosecuting Authority (NPA) has appointed Adv Dumisa Ntsebeza to review the measures it has adopted to deal with and prosecute TRC cases and make recommendations where necessary.
According to NPA spokesperson Adv Mthunzi Mhaga on Friday, the move is in line with comments made by the Full Bench in Rodrigues v National Director of Public Prosecutions South Africa and Others 76755/2018) (2019) in the South Gauteng High Court in 2019 where the court stated “that the actions of relevant officials and others outside the NPA at that time must be brought to the attention of the National Director of Public Prosecutions for consideration and especially, to consider whether there are actions in terms of Section. Article 41(1) of the NPA Law is guaranteed.
political interference
“There must be a public assurance from the Executive and the NPA that the type of political interference that occurred in the TRC case will not happen again. In this regard, they must show the measures, including checks and balances, that will be taken to prevent the recurrence of the violation of the Constitution cannot be accepted.
In recent years, the NPA has focused on reopening and pursuing priority cases, and improving internal capacity and processes to ensure effective handling of these cases and to prevent unwanted political influence.
Also read: Hawks and NPA to hold official inquiry into TRC-related matters
64 new cases have been registered for investigation. 25 prosecutors and 40 investigators have been appointed in various divisions to deal with TRC issues.
Three months to report on TRC matters
According to the NPA, the appointed adviser will conduct an assessment and make recommendations,
if necessary, to strengthen the NPA that handles TRC cases.
“Furthermore, if the Counsel finds any evidence or information that may violate Section 41 (1) of the NPA Act, the matter will be forwarded to the National Director of Public Prosecutions (NDPP) for further action.”
Also read: TRC case progress – NPA’s Shamila Batohi briefs Parliament
If necessary, the NPA will refer relevant matters for criminal investigation.
The senior adviser has three months to complete his report and recommendations.
“The NPA has engaged with the relevant Executive on this matter. The Executive is expected to release its own statement in due course, according to the Court’s comments highlighted above.