The Foundation for Human Rights (FHR) and the 25 families and survivors of the apartheid era crimes have expressed frustration after the Khampepe Commission of Inquiry postponed its proceedings to 26th November. This after the National Prosecuting Authority (NPA) and the Justice and Constitutional Development Department raised reservations over the suitability of Advocate Ismael Semenya as the commission’s evidence leader.The much-anticipated hearings got off to a legal argument after issues of conflict of interests were raised.
Speaking on YOUFM Newshour, FHR’s Executive Director, Dr. Zaid Kimmie, said the families and survivors were left disappointed by the NPA and the department’s last-minute challenge. “Well as the Foundation, and the families we are very disappointed and frustrated that just as the commission was about to commence with its work, this issue regarding the evidence leader came up.This has effectively derailed the proceedings and will wait for further three weeks, waiting for this issue to be resolved. They’re particularly frustrated because the NPA and the department had known for many months that Advocate Semenya was the evidence leader and if they had concerns about his suitability for the post or the fact that he may have been conflicted. It was incumbent upon them to raise those points as soon as they became aware and not wait until the start of the hearings today (Monday),” said Kimmie.
The proceedings were adjourned after some deliberations and directives from a retired Constitutional Court Justice Sisi Khampepe who allowed them to make a formal application for Semenya’s recusal.NPA’s legal representative Makhosi Gwala SC argued that Semenya has previously represented the NPA and participated in the formulation of policy around the subject of the commission, the cases recommended for further investigation and prosecution by the Truth and Reconciliation Commission (TRC).
Kimmie said that there is iron-clad evidence that should be obvious to anyone that the TRC cases were not prosecuted. “What we are dealing with here is a question of why and how and we believe there was a deliberate interference in the prosecution and hoping that when the commission finally gets to turn its attention to the actual matters before it, we hope that evidence will be put before it,” appealed Kimmie. Furthermore, he said that the families of the victims and the survivors feel hard done by the current government, which they hoped will understand their pain of losing family members at the hands of the cruellest apartheid government.
“Yes, I have said this quite often but if you read the preamble to our constitution it talks about honouring and respecting those who gave their lives for the democracy that we enjoy today.I’m failing to see how the conduct of the NPA and the department in anyway honours or respect the lives of those activists who gave up their lives for our democracy, and I challenge anyone to show me how their action is showing respect and honour of our family members,” remarked the Executive Director. The opening statements were expected to be followed by oral evidence by the Cradock Four led by Lukhanyo Calata, son of the late anti-apartheid activist Fort Calata, as well as Nokuthula Simelane’s sister, Thembi Simelane.Others expected to make statements are former TRC Commissioners Yasmin Sooka and Dumisa Ntsebeza, former National Directors of Public Prosecutions Bulelani Ngcuka and Vusi Pikoli, former PCLU head Anton Ackermann, and senior prosecutor Advocate Chris Macadam.
