Former prosecutor testifies on Mbeki's role in TRC delays

Anton Ackermann, a former top prosecutor, testified at the Khampepe inquiry about how former president Thabo Mbeki's actions led to delays in Truth and Reconciliation Commission prosecutions. He described a systematic effort to protect apartheid-era perpetrators through policy changes and political interference. Ackermann highlighted the distinction between reconciliation and justice for victims.

Anton Ackermann, recovering from a heart attack, gave virtual testimony from Cape Town at the Khampepe inquiry into delays in Truth and Reconciliation Commission (TRC) prosecutions. As the first head of the National Prosecuting Authority's Priority Crimes Litigation Unit (PCLU), Ackermann pointed to a speech by Thabo Mbeki on 15 April 2003 as the starting point for these delays. In the speech, Mbeki publicly opposed a general amnesty but later supported 2005 amendments to prosecution policy, which Ackermann called a backdoor amnesty.

Ackermann described Mbeki's administration as engaging in behind-the-scenes efforts to create a moratorium on TRC cases, driven by a search for a political solution to shield security forces. He recounted a meeting with attorney Jan Wagenaar, who represented security force members and claimed discussions with ANC leaders, FW de Klerk, and Mbeki led to an agreement avoiding prosecutions. This included forming the Amnesty Task Team in February 2004, which excluded the PCLU and proposed political oversight of cases.

Practical obstacles emerged when the PCLU sought assistance from the Directorate of Special Operations and South African Police Service in 2003 for 16 cases; both refused without presidential instructions. A key example was the 1989 poisoning of Reverend Frank Chikane, where arrests were halted in November 2004 on orders from Acting National Director of Public Prosecutions Silas Ramaite, following political directives. This moratorium lasted from late 2004 to 2007, and the 2005 policy changes were later ruled unconstitutional in 2008.

Ackermann, who prosecuted figures like Dr Wouter Basson and Eugene de Kock, emphasized that victims deserve justice, not just reconciliation. He stated, 'Forgiveness cannot be demanded.' His 2007 removal from TRC duties followed the suspension of National Director Vusi Pikoli, which he linked to political instructions. Ackermann's account, including a 2015 affidavit, supports ongoing legal efforts by victims' families.

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Former acting SAPS commissioner Khomotso Phahlane testifies on political interference in policing before South Africa's parliamentary committee.
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Former acting police commissioner details political interference surge

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Former acting South African Police Service commissioner Khomotso Phahlane testified before Parliament's ad hoc committee on January 14, 2026, claiming political interference in policing escalated after the ANC's 2007 Polokwane conference. He accused figures like Robert McBride and Paul O'Sullivan of orchestrating a media campaign to discredit him. The testimony relates to allegations of cartel infiltration in the justice system raised by KwaZulu-Natal police commissioner Nhlanhla Mkhwanazi.

Families of apartheid-era victims have told the Truth and Reconciliation Commission Cases Inquiry in Pretoria that an informal agreement between old and new state players from 1998 to 2003 blocked investigations and prosecutions of TRC cases. The claim points to meetings involving figures like FW de Klerk, Thabo Mbeki, and Jacob Zuma. An application by Mbeki and Zuma to recuse the inquiry's chairperson was dismissed.

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The Khampepe Commission has heard testimony on the 1983 kidnapping and torture of anti-apartheid activist Nokuthula Simelane, whose case was stalled by political decisions. Investigator Andrew Leask detailed how security police officers were linked to her death, but prosecutions were halted by orders from former justice minister Brigitte Mabandla. Interference from police commissioner Jackie Selebi further obstructed efforts to bring suspects to trial.

Dr Wouter Basson, the former apartheid-era chemical weapons programme leader, is challenging the Health Professions Council of South Africa (HPCSA) in court to drop long-standing misconduct charges against him. The 75-year-old cardiologist argues that the proceedings, stemming from his role in Project Coast, are unfair and prejudicial after decades of delays. The case is set for argument in February 2026 in the Gauteng Division of the High Court in Pretoria.

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Former IPID head Robert McBride testified before Parliament's ad hoc committee on 21 January 2026, dredging up the Nkandla fire pool scandal involving former president Jacob Zuma. He accused officials of misusing funds and faced scrutiny over his ties to private investigator Paul O'Sullivan. The committee is probing alleged drug cartel infiltration in South Africa's criminal justice system.

Former IPID head Robert McBride testified on January 20, 2026, before Parliament's ad hoc committee, accusing KwaZulu-Natal police commissioner Nhlanhla Mkhwanazi of attempting to undermine an investigation into former acting national commissioner Khomotso Phahlane. McBride described Mkhwanazi and Phahlane as close associates and highlighted inconsistencies in Mkhwanazi's involvement in the 2020 murder of IPID investigator Mandla Mahlangu. The testimony raises questions about internal rifts in South Africa's law enforcement amid broader allegations of cartel infiltration.

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DA MP Dianne Kohler Barnard testified before Parliament's ad hoc committee on 5 February 2026, denying accusations from KwaZulu-Natal police commissioner Nhlanhla Mkhwanazi that she leaked sensitive Crime Intelligence information. She insisted her statements were based on public reports to expose potential cover-ups in the unit's operations. The committee is probing allegations of criminal infiltration in the justice system.

 

 

 

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