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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.

That yesterday’s proceedings in the so-called Cradock Four inquest were derailed again, this time by the South African National Defence Force’s refusal to pay the reasonable legal fees of one of its former operatives, was no surprise. 

The fact that two courts have already found that the South African Police must cover the fees of its former members – accused of the 1970s murder in detention of Ahmed Timol, and the 1980s abduction and murder of Nokuthula Simelane – does not appear to matter. 

It’s a new opportunity to further delay justice.

With respect to the pursuit of truth and justice in the Cradock Four matter, key witness, 83-year-old retired Lieutenant-General Joffel van der Westhuizen, launched an urgent application in April to order his erstwhile employer to cover his costs. The Department of Defence opposed the urgency of the application, and it was struck off the roll. When it is decided, there will be opportunity for appeals.

Van der Westhuizen will therefore be unlikely to be ready to give evidence when the inquest resumes in October. He is an old man; perhaps he’ll pass on before having to face accountability for his alleged actions – as many other perpetrators already have.

After being subpoenaed to explain its decision to refuse to fund Van der Westhuizen’s legal costs at the inquest, lawyers for the Department of Defence informed Judge Thami Beshe the Department’s hands were tied until the Gauteng High Court had disposed of Van der Westhuizen’s application. The Department furnished the inquest judge with its reasons for declining to pay Van Der Westhuizen’s costs – confidentially – and the judge appeared to accept the explanation.

According to the Department – remember, it opposed the urgency in Van der Westhuizen’s court application - it is in no position to expedite or delay justice. Nor, evidently, are the police, NPA, Chief Justice, or Ministers of Justice or Defence.

The GOOD Party supports President Ramaphosa’s appointment of a judicial commission to investigate why and on whose authority the TRC’s recommendations on further prosecutions were criminally delayed. But waiting for the commission cannot create further delay.

In the meantime, the President must take charge by calling in his Ministers and instructing them to expedite justice as per their Constitutional obligations.

Issued by Brett Herron, GOOD Secretary-General