JUSTICE

Whether or not former President Thabo Mbeki succeeds in his application to join the case brought by victims of apartheid against government, being argued in the Gauteng High Court today, the former President has a duty to explain the State’s disinterest or inability to prosecute apartheid-era cases recommended for prosecution by the TRC. Rather than applying to join the litigation as a party, so he can appeal the outcome as he deems necessary, if Mbeki has nothing to worry about, he should have applied to join the case as a friend of the court.

The GOOD Party welcomes the Gauteng High Court’s sentencing of apartheid-era policeman Johan Marais to 15 years imprisonment for the 1987 murder of student activist Caiphus Nyoka. Marais pleaded guilty to the murder but declined to turn State Witness against three former colleagues who have pleaded not guilty of participating in Nyoka’s murder and are due for trial later this year.

If President Cyril Ramaphosa is serious about prosecuting apartheid era operatives accused of heinous crimes, instead of waiting for a judicial commission to investigate the reasons for decades-long delays, he must demand urgent accountability from his Ministers of Justice and Defence for their dithering departments.

Because, while it is usually accused persons who adopt so-called Stalingrad strategies to delay the administration of justice, for nearly 25 years the State has used every power and trick at its disposal to delay and/or avoid acting against murderers who were denied amnesty (or chose not to apply) through the TRC process established for the purpose.

The GOOD Party welcomes the long-overdue arrests of former Transnet executives Brian Molefe and Siyabonga Gama, who handed themselves over to police and are expected to appear in court later today.

According to media reports, the arrests relate to a dubious R93-million double payment linked to the procurement of 1,064 locomotives during Molefe’s tenure as Group CEO of Transnet between 2011 and 2015. This case is yet another example of the industrial-scale looting that took place under the cover of State Capture, a project that robbed South Africans of infrastructure, integrity, and justice.

In a country still navigating the painful legacy of racial division, those entrusted with upholding the Constitution must be held to the highest standards of impartiality, professionalism, and respect. It is deeply concerning that Judge Ratha Mokgoatlheng, presiding over the high-profile Senzo Meyiwa murder trial, made a racially charged remark live on television. The frustrated judge said “This is what happens in a South Africa run by Blacks. A White advocate will never have the gall to ask me that,” in response to a formal request by Advocate Charles Mnisi, who had advised the court that he would be unavailable on Monday due to participation in Sunday’s Comrades Marathon.

The establishment by the President of a commission of inquiry into decades-long delays in investigating and prosecuting apartheid-era cases effectively places the Thabo Mbeki administration and the NPA on trial for miscarriages of justice. Announcing the new commission today, the President said that for many years there had been allegations that “unacceptable delays” were due to interference.

Earlier this year, former President Mbeki strongly denied former head of prosecutions Vusi Pikoli’s claims, on affidavit, of political interference. Mbeki and his then Justice Minister, Bridget Mabandla, are opposing a damages claim launched by victims’ families. If Mbeki and/or Mabandla did not interfere, the only other possible finding available to the commission is that the NPA was controlled by rogue elements with the power to prevent apartheid era political leaders and their functionaries being held accountable for their crimes.

 The President must instruct his Ministers of Police and Justice to cover the reasonable legal costs of former State agents appearing as accused or key witnesses in long-delayed apartheid-era cases. Reasonable costs include the costs of defending accused persons in criminal trials and facilitating the co-operation of witnesses critical to the prosecution’s success. Reasonable costs do not include the execution of legal strategies to delay cases or abuse court processes. Such costs must be covered by the accused persons, themselves.