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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