Suspended Justice DG Mashabane denies role in TRC political interference

Suspended Department of Justice Director-General Doctor Mashabane told the Truth and Reconciliation Commission (TRC) cases inquiry on Monday that he had no direct involvement in alleged political interference in TRC prosecutions.

Appearance before the inquiry

Mashabane appeared before the TRC cases inquiry chaired by retired judge Justice Sisi Khampepe on Monday. He said he was aware of some discussions about alleged interference but denied any direct role in those matters.

“I became aware that at the time of the Rodrigues cases, allegations of interference in the prosecution of certain TRC cases, I also became aware of other matters which have been referred for inquests to be opened. As the director-general, I have no direct interaction or involvement in such processes.”

What the Commission heard

The inquiry heard that Joao Rodrigues, who was indicted for the murder of anti-apartheid activist Ahmed Timol, died in 2021. The Commission heard that Rodrigues had been invited to appear before the TRC in 1997 but declined the invitation.

The Commission also heard that by 2003 Imtiaz Cajee concluded the TRC process had not produced results and that none of the suspects had applied for amnesty. Cajee approached the NPA’s Priority Crimes Litigation Unit (PCLU) to investigate his uncle Ahmed Timol’s case.

The inquiry record states that the NPA gave the appearance that the case was being investigated while the SAPS and the Directorate for Special Operations (the Scorpions) refused to investigate the matter and the other 300 cases referred by the TRC to the NPA. An internal 2006 PCLU report marked the case as closed.

On administrative limits and responsibility

Mashabane emphasised the legal and administrative boundaries for TRC matters, saying they fall under the jurisdiction of the National Director of Public Prosecutions, who answers to the Minister of Justice and Parliament.

“These matters fell squarely within the office of the minister. I recall, by way of example, that in inquiries, such as the Hani family inquest, requests would come to my attention administratively, but I would refer or direct matters to the appropriate office, including the national director, where they were being dealt with.”

Next steps

Mashabane concluded his testimony and the inquiry was adjourned until Tuesday morning.