Ramaphosa establishes commission of inquiry into apartheid-era crimes

President Cyril Ramaphosa has signed a proclamation for the establishment of a judicial commission of inquiry to determine whether attempts were made to prevent the investigation and prosecution of apartheid-era crimes.

According to a statement released by the Presidency on Thursday, retired Constitutional Court Judge Sisi Khampepe will chair the commission. She will reportedly be assisted by retired Northern Cape Judge President Frans Diale Kgomo and Adv Andrea Gabriel SC.

This is said to be part of an agreement reached in settlement discussions in a court application brought by families of victims of apartheid-era crimes.

In a statement, Ramaphosa claimed that there have been allegations of interference in these cases for years, which seems to be the cause of the delay in the investigation and prosecution of brutal crimes committed under apartheid.

“This has caused the families of victims great anguish and frustration, – All affected families – and indeed all South Africans – deserve closure and justice,” said President Ramaphosa

President @CyrilRamaphosa has signed a proclamation for the establishment of a judicial commission of inquiry to determine whether attempts were made to prevent the investigation and prosecution of apartheid-era crimes. https://t.co/AGWvSNZiA0
— The Presidency 🇿🇦 (@PresidencyZA) May 29, 2025

According to the Presidency, the Commission must inquire into, make findings, report on and make recommendations on:

Whether, why, to what extent and by whom attempts were made to influence members of the South African Police Service or National Prosecuting Authority not to investigate or prosecute cases identified by the Truth and Reconciliation Commission;
Whether any members of the SAPS or the NPA improperly colluded with such attempts to influence or pressure them;
Whether any action should be taken by an Organ of State, including possible further investigations or prosecutions, of persons who may have acted unlawfully;
Whether the payment of any amount in constitutional damages to any person is appropriate.

The commission will cover the period from 2003 to the present, and work is expected to be completed within six months from the date of this proclamation. A report is then due to be submitted within 60 days after the completion of its work.

Interested parties include victims or families of victims in TRC cases who have a substantial interest in these matters, including parties in the current application proceedings against the President and government.

“While the families of victims and the government have agreed to the establishment of the Commission of Inquiry, we were not able to reach a settlement on other matters in the application,” added the presidency