President Cyril Ramaphosa establishes a Commission of Inquiry into delay in investigation and prosecution of Truth and Reconciliation Commission (TRC) cases
The commission will be chaired by retired Constitutional Court Judge Sisi Khampepe. She will be assisted by retired Northern Cape Judge President Frans Diale Kgomo and Adv Andrea Gabriel SC.
The establishment of the commission of inquiry is part of an agreement reached in settlement discussions in a court application brought by families of victims of apartheid-era crimes.
President Ramaphosa said: 'For many years, there have been allegations of interference in these cases. This alleged interference is seen as the cause of an unacceptable delay in the investigation and prosecution of brutal crimes committed under apartheid. This has caused the families of victims great anguish and frustration.
'All affected families – and indeed all South Africans – deserve closure and justice. 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.'
The Commission must inquire into, make findings, report on and make recommendations on:
- whether, why, to what extent and by whom attempts were made to influence members of the South African Police Service or National Prosecuting Authority not to investigate or prosecute cases identified by the Truth and Reconciliation Commission;
- whether any members of the SAPS or the NPA improperly colluded with such attempts to influence or pressure them;
- whether any action should be taken by an Organ of State, including possible further investigations or prosecutions, of persons who may have acted unlawfully;
- whether the payment of any amount in constitutional damages to any person is appropriate.
The commission will cover the period from 2003 to the present.
Interested parties include victims or families of victims in TRC cases who have a substantial interest in these matters, including parties in the current application proceedings against the President and government.
The commission will be expected to complete its work within six months from the date of this proclamation and submit its report within 60 days after the completion of its work.
While the families of victims and government have agreed to the establishment of the Commission of Inquiry, we were not able to reach a settlement on other matters in the application.
Government believes that these matters will be addressed through the commission of inquiry while the families want the matters to be determined by a court.
The President respects the decision of the families to seek a court order on the violation of their rights and constitutional damages through the courts. However, government is seeking a stay of application on these outstanding matters pending the conclusion and outcomes of the commission of inquiry.
'As the commission undertakes this important task, we welcome the firm commitment by the NPA and the South African Police Service to investigate and, where appropriate, to prosecute the outstanding TRC cases. In recent years, the NPA has reopened and pursued priority cases. It has assigned dedicated resources to ensure these cases are dealt with effectively.
'As this government, we are determined that those individuals responsible for apartheid crimes and who were not granted amnesty by the TRC be held to account.
'This commission of inquiry is an opportunity to draw a line under a painful period in our country's history. It is an opportunity to establish the truth and take steps, to the extent possible, to put right what may have gone wrong.
'I thank the Commission chairperson and two assistants for agreeing to take on this responsibility and wish them well in their work,' President Ramaphosa said.
Distributed by APO Group on behalf of The Presidency of the Republic of South Africa.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Zawya
5 hours ago
- Zawya
South Africa: Human Settlements Committee Receives Update on Petitions With Varying Degrees of Satisfaction
The Portfolio Committee on Human Settlements has received updates from the Department of Human Settlements, the Gauteng Department of Human Settlements, and the City of Johannesburg, City of Tshwane and City of Cape Town on various petitions the committee is considering and has highlighted mixed reactions to the reports. The committee remains of the view that all stakeholders must not rest on their laurels in bringing finality to the petitions. SLOVO PARK INFORMAL SETTLEMENTS UPGRADING The committee welcomed the progress made by both the Gauteng Department of Human Settlements and the City of Johannesburg, including the completion of the electrification of households. Also, the committee welcomed the appointment of Joburg Water for the installation of water and sewage infrastructure. The committee has highlighted that in the context of the history of the promises made to the residents of Slovo Park, the movement is welcomed, albeit long overdue. The committee also welcomed the collaboration between the City of Johannesburg and the provincial department to achieve the medium and long-term interventions planned for the area. The committee has also urged all stakeholders to expedite procurement and other related processes to ensure the achievement of targets. Also, the committee welcomed the assurance that community engagements and sharing of information with residents have been enhanced to ensure a free flow of information between the government and the people. 'The issue of stakeholder engagement is critical to allay fears and eliminate any flare-up of protests. It is critical that as new developments arise and some impediments delay projects, people are informed,' said Mr Nocks Seabi, the Chairperson of the committee. MAWIGA PETITION Members of the committee were disappointed with the slow response to finding solutions to the petitioners' challenges. While the committee acknowledged that there is progress with sites identified and agreed to by two petitioners, the fact that the building of top structures will only commence next year is concerning. Despite this, the committee called for clear monitoring of the progress to ensure that timelines are adhered to, especially in the context of the length of time it has taken to get to this point. The MAWIGA (Mabopane, Winterveld and Ga-Rankuwa petitioners) submitted a petition alleging maladministration against the City of Tshwane and North West Housing Corporation officials for illegally selling and transferring their properties without their consent. The committee has called on the City of Tshwane and the Gauteng Provincial Government to expedite the processes to obtain the clearance certificate on the identified land for Mr Mere. The committee has mandated the city to provide regular progress reports on processes to obtain the clearance certificate. With regards to the North West Provincial Government, the committee is concerned that the Rustenburg Municipality does not have the appetite to approve a house on the military veteran's quantum on the site identified because the site is on prime land. The committee has called on the department to heighten engagement to ensure that an alternative site is found and that Mr Kgasoe is engaged to ascertain that he agrees with the site. Despite these challenges, the committee noted that commendable work has been done to resolve the petitions. New Mandela Square (Western Cape) The committee has welcomed commendable progress in achieving the project milestones promised to the committee. Despite this, the committee has called for mechanisms to ensure that the implementation of the projects is not hampered by inter-departmental dependencies, such as the procurement of private land and installation of bulk services. The committee is cognisant that in most cases, projects are affected by delays from varying spheres of government and has called for proactive measures to ensure that this does not hamper progress. The committee remains committed to receiving regular reports to ensure the resolution of the various petitions being considered by the committee. Distributed by APO Group on behalf of Republic of South Africa: The Parliament.
Zawya
12 hours ago
- Zawya
South Africa roots for relaxed global bank rules to allow African lenders fund mega projects
South Africa now says it will use its position as the President of the G20 to push for the relaxation of stringent capital requirements for banks globally, in a bid to allow African banks much more wiggle room to lend to the continent's infrastructure needs. The Group of Twenty (G20) is an international forum comprising both developing and developed countries that seeks to find solutions to global economic and financial issues. South Africa assumed the presidency of the G20 on December 1, 2024, taking the mantle from Brazil, and will be hold it until November 30, 2025 under the theme 'Solidarity, Equality and Sustainability'. Sim Tshabalala, the co-chair of the Business 20's Finance and Infrastructure Taskforce, which is placed under the G20 umbrella, and chief executive of South Africa's largest lender, Standard Bank, says there is a pressing need for Africa's banks to step in and plug the continent's $85 billion infrastructural gap. Mr Tshabalala says there is a need to relax the stringent capital requirements attached to the globally recognised Basel III standards.'South Africa has the privilege to be the President of the G20 and under the G20 you have the B20 which exists to support the outcomes that will be in the communique that will be issued by the G20. Africa needs $170 billion a year for infrastructure, but can only raise $85 billion, where is the remaining $85 billion going to come from? It will come from making it easier for the private sector to lend,' he said at the second edition of the Africa Unlocked Summit in Cape Town, South Africa.'One of the recommendations we are making is that the Basel III rules need to change so that the risk weighted assets that one holds result in you holding less capital. If you are holding less capital, you will be able to do more projects.'Basel III regulations are an internationally agreed set of measures developed by the Basel Committee on Banking Supervision in response to the fragility experienced in the global banking system during the 2007-09 global financial crisis. Under the rules, banks determine how much capital they need to retain by assigning a risk weighting to every asset they hold. Risk-weighted assets essentially refer to a bank's assets adjusted to reflect their level of risk. Basel III requirements are seen as challenging the ability of African banks to lend towards infrastructure due to the increase in the minimum amount of capital that banks are required to hold based on their assets and loans. Despite the call for Basel III reform, South Africa says it will not be a blank cheque for governments to use the banking sector capital to underwrite their infrastructure needs.'The other recommendation is in reducing the cost of capital and governments need to be more transparent and improve their fiscal and monetary management as well as their investor relations,' Mr Tshabalala said.' © Copyright 2022 Nation Media Group. All Rights Reserved. Provided by SyndiGate Media Inc. (
Zawya
12 hours ago
- Zawya
Fragmented, weakened Africa braces for impact as US tariffs strike
As global superpowers clash over trade, Africa stands at a crossroads, faced with rising tariffs, disrupted exports and shifting supply chains. It's also the end of an era as the Africa Growth Opportunity Act (Agoa) expires in two months' time. Faced with weakened bargaining power against the Trump administration's aggressive tariff onslaught, African nations may have to prepare individual, direct negotiations with the US after President Donald Trump re-imposed higher trade tariffs from August 1. Economists say trade wars and the attendant fragmentation is hurting sub-Saharan Africa more than the rest of the world. According to Standard Bank's chief economist Goolam Ballim, Africa is set to forego four percent of its GDP over a decade. Trump has already written letters to six countries across the globe, including South Africa, giving them three weeks to reach a deal with the US or pay a higher premium. International trade has been crucial in propelling African growth over the past two decades, and experts have highlighted the relationship between gains in per capita income and openness to trade. But the ongoing trade wars not only herald a new world order but also signals the fraying of trans-Atlantic ties. For Africa, the new wave of tariffs, coming after the 90-day pause, mean that Trump is interested in dealing directly with countries, rather than cutting a bloc-wide tariff arrangement. President Trump this week met with leaders of Gabon, Guinea-Bissau, Liberia, Mauritania and Senegal and said the five nations were unlikely to face US tariffs. His Trade Representative Jamieson Greer said Washington would look at a possible extension of Agoa, which provides duty-free access to over 1,800 products from sub-Saharan African countries, but would need to address many tariffs and non-tariff barriers still in place on the continent. Oil initially dominated Agoa trade but it has recently been surpassed by manufacturing and mining. Greer, asked about a possible extension of the Agoa beyond September, said that would be up to Congress, but said the decision should factor in the existing tariff and non-tariff barriers in place in Africa.'We still see a lot of tariff and non-tariff barriers in Africa, so I think any discussion about that act would also have to think about how we address those kinds of barriers,' he said. But South Africa continues to face a threat from Washington after Trump, on July 7, in a letter addressed to the country's President Cyril Ramaphosa, announced Pretoria's exports to the US market would be subjected to a new 30 percent tariff with effect from August 1. The US had set a July 9 deadline for countries to agree to a trade deal, but US officials now say tariffs will begin on August 1, with only a few countries coming to the negotiation table. Trump's new wave of tariffs has relegated discussions on Agoa to the backburner, and trade experts advise that the 33 sub-Saharan countries that trade with the US under Agoa seek alternatives. African business leaders are pushing for a continental response to the tariff threat. Economic powerAt the Standard Bank Africa Unlocked 2025 Conference in Cape Town this week, speakers pushed for the continent to claim its economic power in the face of Trump's tariffs, amid fractured alliances, consolidation of digital power and climate-shaped industry. They recommended a continental response prioritising acceleration of the African Continental Free Trade Area, increased participation in the global value chains and increased service trade. They also want Africa to improve the domestic investment climate, deepen financial markets and spread the tax base. Speaking on the sidelines of the conference, he expressed optimism that America's new tariff policy was going to 'save the international order.''African nations, realising that they will have to foster relationships with allies -- that they will have to encourage relationships with near geographies -- will need to increase their participation in global value chains where we've been underrepresented,' he said. He sees the brewing trade war as an opportunity. On the 30 percent tariff on South African goods, he is optimistic that it will settle lower than the 30 percent Trump announced – 'an equilibrium that is not as penalising as it now appears.'But he acknowledges that the relationship between Pretoria and Washington is materially changed.'We must operate under the notion that the benefits from Agoa will be whittled down, if not substantially reduced. That said, strengthening ties and almost finding opportunities brought out of America's friction with Europe and with the Far East could mean that South African firms can insert themselves into the global supply chains at the expense of the United States. I'm already seeing anecdotes emerge where our clients are telling us that they are getting orders emanating, for instance, out of the Middle East and the Far East, and I think in this craziness of the moment is a certain opportunity South African manufacturers are harnessing,' the economist said. Johnson Weru, who was Kenya's Trade Principal Secretary when Nairobi began trade talks with Trump 1.0 under President Uhuru Kenyatta's tenure, said that Trump's contempt for the World Trade Organisation, which granted a waiver for Agoa 25 years ago, and his latest tariffs on six countries including Japan and South Korea, signals the end of an era. 'The Agoa waiver was granted by WTO on the request of USA in 2015. It was extended to September 2025. So, unless USA seeks another waiver from WTO -- which is highly unlikely -- the duty-free, quota-free market access for sub-Saharan African countries will come to an end,' he said.'Agoa will officially elapse on 30th September 2025. So, the choice of August 2025 by President Trump is quite strategic. Legally speaking, USA will not be bound by any international instrument not charge higher tariffs.'The trade talks between Trump's first administration and Kenya were not completed but President Joe Biden, who took over from Trump started new talks which suffered a similar fate. Mr Weru suggested that Trump's preference for bilateral trade agreements was consistent with policy in his first term in office. In his latest letter to President Ramaphosa, Trump said he wanted to move away from 'long-term, and very persistent, trade deficits engendered by South Africa's tariff and non-tariff policies and trade barriers.''Our relationship has been, unfortunately, far from reciprocal. Starting on August 1, 2025, we will charge South Africa a tariff of only 30 percent on any and all South African products sent to the United States, separate from all sectoral tariffs,' he said. He further warned that any retaliatory tariffs from Pretoria would be met with further hikes, indicating his relentless pursuit of tariffs even after countries such as China declined to fight over them. In response, in a statement on Monday night, Ramaphosa said South Africa maintained that a '30 percent reciprocal tariff is not an accurate representation of available trade data.''This 30 percent tariff is based on a particular interpretation of the balance of trade between South Africa and the United States. This contested interpretation forms part of the issues under consideration by the negotiating teams from South Africa and the United States,' the president's office said in a statement. South Africa and other countries around the world, have been pushing to negotiate trade deals with the US to prevent Trump's sweeping tariffs. But only two preliminary deals -- with the UK and Vietnam -- have since been announced. A significant number of countries have remained silent or sent emissaries with the hope that the tariffs would be lowered. Trump said he would send letters to countries telling them what the tariff rate would be if an agreement is not reached. Other near-identical letters with varying tariff rates were sent to the leaders of Japan, South Korea, Myanmar, Laos, Kazakhstan and Malaysia. Trump said another 10-15 letters would be sent to countries. Dr Kizito Sabala, a lecturer at the University of Nairobi's School of Diplomacy and International Studies, said Trump is sinking multilateralism.'It wasn't there in the first place, but we believed it was. Agoa will only survive if in the mind of Trump, the US is benefiting. if not, he will just crush it and go bilateral,' Dr Sabala told The EastAfrican. Trump has also warned that countries that side with the Brics+ alliance, which goes against US interests, will be hit with an extra 10 percent tariff. 'That is precisely why Africa should prioritise integration. That way, Trump and his ilk would have no option but to negotiate with the continent through such a framework – exactly what is happening in his engagement with members of the EU,' said Dr Benson Musila, a lecturer at Riara University in Nairobi.'He cannot, for instance, circumvent the EU to negotiate with, say, Germany. He must do so within the EU framework.'Meanwhile, China is still offering 53 African countries duty-free entry into its market. According to Reuters, President Trump, reacting to this, on Wednesday told African leaders that he was shifting the US approach to the continent from aid to trade and that the United States is a better partner for Africa than China. Trump has shuttered the US Agency for International Development and slashed funding for programmes that help Africans.'We're shifting from aid to trade,' he said at the White House meeting. 'There's great economic potential in Africa, like few other places. In many ways, in the long run, this will be far more effective and sustainable and beneficial than anything else that we can be doing together.'Mr Ballim predicts that Africa could become the epicentre of the global manufacturing system, affording the continent clout to look Far East, West to South America, 'and hopefully to the United States too.''It's possible to manage all of these new relationships. Economic diplomacy has become a lot more ardent. There are going to be trade-offs that governments are going to have to make, and clearly the United States is choosing a very assailing position.' © Copyright 2022 Nation Media Group. All Rights Reserved. Provided by SyndiGate Media Inc. (
