The Judicial Commission of Inquiry Into Truth and Reconciliation Commission (TRC) cases has revealed frustration and feel undermined by lack of compliance by certain government departments and agencies.
The commission said various requests for information, notices and directives made over the last two months, have been ignored by these stakeholders.
The commission is investigating why there have been delays and obstacles in prosecuting TRC cases or apartheid-era crimes and to determine if political interference was a factor.
President Cyril Ramaphosa has in May this year, appointed the commission chaired by the retired Constitutional Court Judge, Justice Sisi Khampepe, and co-commissioners Advocate Andrea Gabriel, SC, and retired Judge President Frans Diale Kgomo.
According to the commission, interested and affected parties were requested to submit witness statements, memoranda, reports, and other documentary evidence by October 10, 2025, but they all failed to comply prompting another set of letters issued out.
“These letters were directed at the former and current presidents, ministers of police, minister of justice, national and provincial directors of public prosecutions, provincial and national police commissioners and directors of special investigations.
They were requested to furnish the commission with an affidavit, containing the account of any discussions, decisions or considerations during their tenure, as it relates to cases that were referred by the Truth and Reconciliation Commission’s amnesty committee for investigations or prosecutions,” read a statement from the commission.
Meanwhile, speaking on YOUFM Newshour, the commission’s spokesperson Lionel Adendorf said that they are disappointed that they continue to experience delays in compliance with their rules and directives.
“We are where we are, because we have expected government departments and officials to really work with us because as you can remember the president has promulgated the TRC Cases Inquiry at the end of May already.
By that time, we thought that government departments and government leaders would be ready and anticipate at least what we would expect.
We issued various letters to them, we even issued rule 3.3 notices to them and then three weeks ago we again issued a directive in which we ask them again to comply, and still up to date all we received from them were applications for further extensions and that is impacting negatively on our work, the preparations for the public hearings that we are hoping to start on November 10, 2025 and obviously on the entire program of the commission,” said Adendorf.
He however highlighted that despite all these delays and applications for further extensions, that will not hamper their plans to begin with the public hearings in the next three weeks.
“We want everyone to cooperate with us even though there are elements of undermining, we hope that we can resolve this matter.
But we are resolute, we are prepared to start on an anticipated date.
There are however other interested and affected parties as well who are equally frustrated because they don’t know how to prepare their witnesses, they don’t know how to prepare their statements and that has a dire impact on the preparations for the hearings, but we are starting on 10th November 2025,” added Adendorf.
In addition, the spokesperson said the commissioners have however undertaken not to subpoena witnesses and interested parties to appear before it.
“Our commissioners are very adamant that we should not go the route of subpoenas.
They’re experienced; very talented and experienced legal experts and they think that we can get the best out of our witnesses when they cooperate voluntarily.
We do not want a situation where they will be hostile on the stand or where they would feel that they’re there for any other reason, sometimes maybe because they didn’t want to be there.
So that is why we want to avoid the situation where we subpoena them even though we have the right to do so, but we will continue to rely on their good will, on their cooperation and sense of justice and that would at the end of the day encourage them to comply and work with us,” concluded Adendorf.
