NPA slammed over delays in prosecution of apartheid atrocities

The country’s justice heads got rapped over the knuckles on Wednesday in parliament over delays in the prosecution of apartheid-era atrocities.

“The question we should all ask ourselves is whether we’ve met the threshold in dealing with the deaths
of those who lost their lives in pursuit of our democracy. And the answer is a very painful ‘no’,” said justice portfolio committee chair Gratitude Magwanishe, following a briefing by Justice Minister Ronald Lamola and National Director of Public Prosecutions Shamila Batohi.

The two had been called to appear before the committee to address various issues, including the National Prosecuting Authority (NPA) having missed a 2 December deadline to make a decision on charging anyone over the 1985 deaths of Fort Calata, Matthew Goniwe, Sparrow Mkhonto and Sicelo Mhlauli – “the Cradock Four” – at the hands of the apartheid state.

During her time in the hot seat, Batohi said the delay in coming to a decision was after lawyers for the victims’ families had identified a number of issues that required “further investigations”.

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Batohi insisted that Eastern Cape director of public prosecution Barry Madolo was working with the families’ own investigators to move the case forward.

Speaking to the broader issue of delays in prosecuting these types of crime, Batohi said it was “critically important” for the families of the victims and the survivors to receive justice.

“And the reality is, up until now, our country as a whole has failed in terms of holding accountable those responsible for atrocities committed during the apartheid era,” she said.

But she insisted this work was now a priority – pointing to the recent creation of a “dedicated capacity”.

Her address didn’t appear to allay the committee’s concerns, though, with the ANC member of parliament (MP) Qubudile Dyantyi saying the NPA had “a problem”.

Democratic Alliance MP Glynnis Breytenbach said: “We are 28 years down the line of our constitutional democracy and still those families are waiting.”

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