Calls have been made for the prosecution of leaders of the former liberation movement for offences related to “the conflict of the past”.
The call has been made by the Foundation for Equality for Law, which wants former president Jacob Zuma and former PAC president and Azanian People’s Liberation Army (Apla) commander Letlapa Mphahlele to be among those who should be prosecuted.
The foundation made the call in an open letter to Justice and Constitutional Development Minister Ronald Lamola.
In his letter, the foundation’s chairperson Johan Botha said Lamola’s recent statements that the National Prosecuting Authority (NPA) lacked capacity to prosecute those responsible for state capture was disingenuous.
“Millions of rand are being wasted by the NPA due to ineffective planning and politically motivated and selective prosecution of only certain persons for offences related to conflict of the past,” he wrote.
He also decried the re-opening of inquests into the death of political activists Ahmed Timol and Dr Neil Agget, saying people who were directly involved in the incidents had long ago died.
Botha charged that there was no primary evidence and “anecdotal hearsay” presented was inadmissible in court.
Botha said the NPA disregarded the provision of the constitution which provided for equality before the law.
He said members of the apartheid government and its security forces, such as former minsiter of defence Magnus Malan and Dr Wouter Basson had already been prosecuted.
“In stark contrast with these prosecutions, not a single member of the national executive committee of the ANC, to whom amnesty has been denied, has ever been prosecuted despite the fact that abundant evidence is available to prove that according to the principle of common purpose in our law.
Neither Zuma’s spokesperson Vukile Mathabela nor ANC spokesperson Pule Mabe responded to
questions sent to them.