The Democratic Alliance (DA) on Friday expressed support for the establishment of a commission of inquiry into delays in investigation and prosecution of Truth and Reconciliation Commission (TRC) cases, noting concerns about allegations of interference with South African Police Service (Saps) and National Prosecuting Authority (NPA) processes.

On Thursday, President Cyril Ramaphosa signed a proclamation for the establishment of a judicial commission of inquiry to determine whether attempts were made to prevent the investigation and prosecution of apartheid-era crimes.

The commission will be chaired by retired Constitutional Court Judge Sisi Khampepe, assisted by retired Northern Cape Judge President Frans Diale Kgomo and Advocate Andrea Gabriel.

“The delay of investigations and prosecutions of these cases flies in the face of the ideals upon which the TRC was established. As a country, we need to heal from the atrocities committed during the previous dispensation, so that we can move forward together. It is unacceptable that decades later, the families of many of the victims have received neither closure nor justice,” said DA spokesperson on Justice and Constitutional Development Advocate Glynnis Breytenbach.

The Presidency explained that the establishment of the commission of inquiry was part of an agreement reached in settlement discussions in a court application brought by families of victims of apartheid-era crimes.

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 Saps or NPA not to investigate or prosecute cases identified by the TRC.

The commission will look into whether any members of the Saps or the NPA improperly colluded with organs of State, including possible further investigations or prosecutions of persons who may have acted unlawfully.
 
The commission will further investigate 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, and it is 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.

The DA noted that such a commission would take a long time to finalise its findings, as well as implementation, with Breytenbach saying this is not ideal, but is perhaps the only route to an answer.