Khampepe commission hears threats and challenges in TRC prosecutions

The Khampepe Commission of Inquiry into delays in Truth and Reconciliation Commission prosecutions has heard testimony on threats faced by investigators and progress made in handling cases. Advocate Shubnum Singh detailed active interference, including phone hacks and surveillance by persons of interest. Former NPA head Shamila Batohi outlined strategies to fast-track the cases.

Advocate Shubnum Singh, head of the National Prosecuting Authority’s TRC unit, testified at the Khampepe inquiry on Thursday that investigators faced "active interference" such as "communication hacking", "organised counter-surveillance", security leaks and direct threats from persons of interest seeking to evade prosecution. She described instances including a person of interest using dogs to chase investigators and a WhatsApp group alerting suspects to investigators' arrivals. Singh noted 130 cases remain active, with caution exercised due to leaks in sensitive discussions.

Singh highlighted challenges like the extreme lapse of time over 40 years, deceased witnesses, destroyed evidence by the apartheid state, and capacity shortages, with 16 prosecutors handling 126 investigations despite 19 new permanent posts. She attributed delays partly to political interference from 2003 to 2017. Historical cases discussed included the 1989 deaths of MK activists Robbie Waterwitch and Coline Williams from a booby-trapped mine.

On Wednesday, former NPA head Shamila Batohi testified about strategies implemented since 2019, including migrating cases to regional offices, establishing a dedicated TRC component in 2021, and converting contracts to permanent posts in 2024. The caseload grew from 59 to 157 matters by March 2025. Achievements include inquests for Neil Aggett and Ahmed Timol, a murder conviction for Wesley Madonsela, and ongoing cases like the Cradock Four.

Batohi said joint sessions with the Directorate for Priority Crime Investigation since June 2022 addressed blockages, while the Missing Persons Task Team recovered remains of 179 individuals.

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