Justice and Correctional Services Minister Ronald Lamola said there were eight cases on the criminal roll where suspects were being prosecuted for offences emanating from the Truth and Reconciliation Commission (TRC).
Lamola was responding to GOOD party MP Brett Herron who asked about the total number of the 137 TRC cases under investigation by the Directorate for Priority Crime Investigation and National Prosecuting Authority (NPA) and identified potential suspects who were still alive and may potentially be prosecuted.
“Thus far, there are eight cases which are on the criminal court roll where suspects are being prosecuted for multiple offences emanating from TRC matters,” he said.
“In addition, two matters are pending as indictments are being prepared to charge suspects who are still alive.
“An additional two matters, post the re-opening of inquests, have been identified where the NPA is considering possible decisions to prosecute,” Lamola said.
He said establishing whether a suspect was still alive or not, formed part of the investigation phase.
“Suspects are approached during the investigation, to obtain warning statements.
“This is informed by the evidence collated by an investigator. As such, the NPA cannot, at this stage, advise as to which living suspects may be prosecuted.”
The minister explained that the purpose of all investigations was to ascertain whether a crime, which has not yet prescribed, was committed.
“If it has been established that there is enough evidence to charge a suspect, that person/s will be prosecuted. This decision can only be made once the investigation is finalised.
“Those matters that are on the criminal court roll, are cases where it has been established that there are living suspects who must be charged.”
Lamola said the TRC component in the NPA was not in possession of a definitive list of cases that were transferred from the TRC.
“Fifty-nine matters were identified by the Priority Crimes Litigation Unit (PCLU) by extracting the matters from the TRC final report.”
He said the identification of additional matters from recommendations made in the final TRC report was an ongoing process.
“Currently the total number of identified cases is 158. Twenty-one matters have been finalised. This include the overturning of four re-opened inquests into deaths of detainees and a conviction of murder where the accused was sentenced to ten years direct imprisonment,” he said.
He added that 137 matters were still under investigation.
“This includes re-opened inquests and inquests where the appointment of a judge is awaited to preside over the matter and eight matters which are presently on the criminal court roll.
“As indicated... a complete list of cases was not transferred to the NPA.
The NPA is therefore not in a position to answer who received a definitive list of cases.”
Cape Times