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Justice scale and law books.
The Truth and Reconciliation Commission (TRC) Cases Inquiry sitting in Pretoria has heard that political interference to ensure that TRC cases were not investigated or prosecuted, originates from an informal agreement made between old order and new order state players brokered between 1998 and 2003.
This is the claim made by families of the victims of apartheid-era human rights violations at the inquiry which began its public hearings on Wednesday.
They say such a consensus was reached following meetings between individuals such as FW De Klerk, General Magnus Malan, General Constand Viljoen and other South African National Defence Force generals, along with former presidents Thabo Mbeki, Jacob Zuma, and various security cluster cabinet ministers.
Lawyer for the families Advocate Howard Varney has urged the inquiry to look at events that may have led to political interference which took place before 2003, the date stipulated in the inquiry’s terms of reference.
“It appeared that there was consensus amongst all or most involved that something needed to be done to address the impending prosecutions. A blanket amnesty was apparently rejected by the government because of the constitutional implications, but other options were explored, including preparing draft legislation for the creation of a new kind of special plea in criminal procedure, based on the TRC’s amnesty criteria. While this did not see the light of day, its essential ideas emerged later in the Prosecution Policy amendments.”
Meanwhile, an application by Mbeki and Zuma to have the chairperson of the TRC Cases Inquiry recuse herself has since been dismissed.
The ruling means that both Mbeki and Zuma will be required to testify before Justice Sisi Khampepe, who is presiding over the inquiry.
TRC Cases | Khampepe recusal application denied:
https://www.youtube.com/watch?v=V5xxHG1P67o
