South African President Cyril Ramaphosa has formally announced the establishment of a judicial commission of inquiry to examine whether deliberate efforts were made to obstruct the investigation and prosecution of apartheid-era crimes, particularly those recommended for further legal action by the Truth and Reconciliation Commission (TRC).
In a statement issued by the Presidency on Thursday, the commission was confirmed to be chaired by retired Constitutional Court Justice Sisi Khampepe. The formation of the commission constitutes a central element of a recent court-sanctioned settlement agreement between the state and families of victims of political violence during apartheid.
The announcement follows a legal application filed in January 2025 by 25 families and survivors at the Pretoria High Court. The applicants sought constitutional damages against the state, citing its prolonged failure to pursue justice in apartheid-era cases identified by the TRC—a body established in 1995 to investigate human rights violations during apartheid through public testimony from victims, witnesses, and perpetrators.
The TRC, in its final recommendations, referred approximately 300 cases to the National Prosecuting Authority (NPA) for potential prosecution. However, successive delays over more than two decades have left many of these cases unresolved. In several instances, alleged perpetrators have since passed away or are no longer fit to stand trial, raising critical questions about accountability and institutional will.
The Presidency affirmed that the newly formed commission will possess broad and comprehensive terms of reference. It will examine whether undue influence was exerted on the South African Police Service (SAPS) or the NPA to forestall investigations and prosecutions of the TRC-referred cases. The commission will also have the authority to recommend possible legal actions, including further prosecutions, supplementary investigations, or the provision of constitutional damages to affected individuals or their families.
President Ramaphosa emphasised the significance of the commission, stating: “A commission of inquiry with broad and comprehensive terms of reference is an opportunity to establish the truth and provide guidance on any further action that needs to be taken.”
The commission has been given six months to complete its investigation, following which it is required to submit a report within 60 days. The inquiry is anticipated to serve as a pivotal moment in South Africa’s transitional justice trajectory, offering a potential path forward for long-delayed reckoning with crimes of the past.
The establishment of this commission reflects ongoing societal efforts to ensure accountability, truth, and reparation in the post-apartheid era. It also reinforces the principle that transitional justice must be implemented not only in form but also in substance, with tangible mechanisms for redress and state accountability.
