Suspended Director-General and advisor at the Department of Justice, Doctor Mashabane, has categorically denied accusations that he was involved in political interference in Truth and Reconciliation Commission (TRC) cases.
Mashabane appeared before the TRC cases inquiry chaired by retired judge Justice Sisi Khampepe on Monday.
Mashabane told the Commission that he was aware of some of the talks regarding alleged political interference, but he had no direct involvement.
The Commission heard that Joao Rodrigues, who was indicted for the murder of anti-apartheid activist Ahmed Timol, died in 2021, with his death said to have robbed Timol’s brother Mohammed Timol, nephew Imtiaz Cajee and the Timol family of justice and closure.
Rodrigues, who was invited to appear before the TRC during 1997, spurned the invitation, choosing not to participate, preferring to keep the family in ongoing pain and anguish.
Mashaba said: “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.”
According to the TRC Cases Inquiry, in 2003, it became clear to Imtiaz Cajee that the TRC process had not led to results and none of the suspects had applied for amnesty. Cajee subsequently approached the NPA’s Priority Crimes Litigation Unit (PCLU) to investigate his uncle’s case.
It is reported that the NPA pretended that the case was being investigated when, in fact, the SAPS and the Directorate for Special Operations (the Scorpions) both refused to investigate this case and the other 300 cases referred by the TRC to the NPA, with the NPA advising him of “negative results” and in an internal 2006 report of the PCLU the case was marked as closed.
Mashabane, addressing the complexities surrounding the inquiry, emphasised that matters under the TRC by law fall under the jurisdiction of the National Director of Public Prosecutions, who is accountable to the Minister of Justice and, by extension, Parliament.
Highlighting the administrative nature of his role, he stated: “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.”
Mashabane concluded his testimony before the Commission, with the inquiry adjourned until Tuesday morning.
