Question NW646 to the Minister of Justice and Correctional Services
30 April 2024 - NW646
Herron, Mr BN to ask the Minister of Justice and Correctional Services
In what total number of the 137 Truth and Reconciliation Commission (TRC) cases under investigation has the Directorate for Priority Crime Investigation (DPCI) and National Prosecuting Authority (NPA) component (a) identified potential suspects who are still alive and may potentially be prosecuted, (b) established definitively that there are no living suspects who may be prosecuted and (c) is yet to establish whether there are living suspects who may be prosecuted; (2) whether the Department of Justice, NPA and/or DPCI is in possession of a definitive list of cases that were transferred from the TRC; if not, what is being referenced when he refers to cases that were referred by the TRC; if so, (a)(i) who compiled the specified list and (ii) on what date was it completed, (b)(i) on what date was the list transferred to the NPA and (ii) to whom, (c) what fields are included in the list and (d) what total number of cases are included?
Reply:
1(a) Thus far, there are eight (8) cases which are on the criminal court roll where suspects are being prosecuted for multiple offences emanating from TRC matters.
(b) In addition, two (2) matters are pending, as indictments are being prepared to charge suspects who are still alive. An additional two (2) matters, post the re-opening of inquests, have been identified where the NPA is considering possible decisions to prosecute.
(b)Establishing whether a suspect is still alive or not, form 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, NPA cannot, at this stage, advise as to which living suspects may be prosecuted.
(c) The purpose of all investigations is 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 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.
2(a) The TRC Component is not in possession of a definitive list of cases that were transferred from the TRC. Fifty-nine (59) matters were identified by the Priority Crimes Litigation Unit (PCLU) by extracting the matters from the TRC Final Report.
2(b) and (c) Identification of additional matters from recommendations made in the TRC Final Report is an ongoing process. Currently the total number of identified cases is one hundred and fifty-eight (158). Twenty-one (21) 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. One hundred and thirty-seven (137) matters are 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 (8) matters which are presently on the criminal court roll. As indicated above 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.