There's 'no deal not to prosecute perpetrators of apartheid crimes'

Al Jama-ah leader slams slow pace of prosecutions

Nomazima Nkosi Senior reporter
Fort Calata, second from right, and Matthew Goniwe, far right, two of the Cradock Four who were murdered by security police in 1985, are accompanied home by two activists after being released from detention in 1984. A government official said there was no agreement to not prosecute apartheid crime suspects.
Fort Calata, second from right, and Matthew Goniwe, far right, two of the Cradock Four who were murdered by security police in 1985, are accompanied home by two activists after being released from detention in 1984. A government official said there was no agreement to not prosecute apartheid crime suspects.
Image: Lightbox

Deputy justice minister John Jeffrey has denied any knowledge of an agreement between the NP and ANC not to prosecute perpetrators of apartheid crimes.

Jeffrey was addressing MPs during Wednesday's sitting of the justice and correctional services portfolio committee.

“If there had been a secret deal, it's strange that the NPA [National Prosecuting Authority] chose to prosecute apartheid era police minister Adriaan Vlok for [attempting to kill] Reverend Frank Chikane,” Jeffrey said.

The alleged partnership was brought to the attention of the committee by Al Jama-ah leader Ganief Hendricks who criticised the NPA's slow pace in prosecuting those implicated in the killings of liberation fighters during the apartheid era.

Hendricks said it had been 27 years since the dawn of democracy.

“There are 57 cases on the radar and we're very concerned that these families haven't even been given case numbers because it would give families some kind of closure or peace.

“There have been reports that there was an agreement between the NP and ANC not to prosecute those who committed crimes during the apartheid era and this agreement was reached during the Codesa negotiations.

“We feel the agreement was to delay these prosecutions and those accused of the atrocities are busy dying out. It's been 27 years of democracy and there have been no arrests.

“Government is busy defending negotiators of Codesa and not giving the NPA resources to conduct these investigations and prosecutions,” Hendricks said.

The NPA has come under pressure to prosecute suspects in the Cradock Four murder cases.

The families of the Cradock Four approached the NPA in May last year to make a final prosecutorial decision.

A deadline of July 10 last year passed. A further date of December 2 was given but the NPA missed that deadline too.

Fort Calata, Matthew Goniwe, Sicelo Mhlauli and Sparro Mkonto, known as the Cradock Four, were abducted in June 1985 after coming from a meeting of the United Democratic Front in Gqeberha, formerly Port Elizabeth, when they were intercepted at a police roadblock before being abducted, tortured and their bodies later burnt.

National director of public prosecutions Shamila Batohi told parliament that Truth and Reconciliation Commission (TRC) matters need a dedicated investigative capacity and they could not move without this.

“TRC matters have, for various reasons, not received focus and attention they needed. It's important for families and victims to receive justice.

“Our country as a whole has failed to bring those responsible to face justice. It was only in 2017 where investigations on paper were set to begin but during that time our institutions were deeply weakened and there was no capacity to deal with these cases that required a dedicated focus,” she said.

During the meeting, justice minister Ronald Lamola revealed the department had approached retired Constitutional Court judge Kate O'Reagan to look into alleged political interference in TRC cases, however, she declined.

ANC MP Nomethemba Maseko-Jele said families of victims of apartheid crimes have been waiting for a long time.

“We want to see perpetrators of apartheid in orange overalls, as old as they are. Progress is what is needed,” she said.

DA MP Glynnis Breytenbach said the Cradock Four matter had been dragging on for a long time.

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