Former Director-General (DG) of the Department of Justice and Constitutional Development, Vusimuzi Madonsela, who served from 2016-2020, has told the TRC Cases Inquiry that he had no direct involvement in the three inquests that were approved during his tenure at the department.
Madonsela, who testified on Tuesday, stated that his functions were limited to budget allocation and ensuring the department’s institutional capacity.
The inquests pertain to the deaths of anti-apartheid activist Ahmed Essop Timol and medical doctors Neil Hudson Aggett and Hoosen Mia Haffejee, all of whom died under troubling circumstances while in police custody.
Timol was tortured and murdered during police detention on October 27, 1971, while the deaths of Aggett and Haffejee also raised serious suspicions and concerns about police brutality and accountability.
Madonsela’s testimony came in response to queries from Advocate Howard Varney, who represents the Calata family, among others.
Varney sought to clarify the decision-making processes surrounding the reopening of these inquests — particularly the bureaucratic processes that involve various legal authorities.
“In relation to the reopening of inquests in terms of Section 17 (a) of the Inquest Act, the Minister of Justice has to authorise the reopening and the allocation of the judge to hear such cases. I take it you are familiar with that provision, and that such a procedure with the NDPP would come to your desk and be forwarded to the
In response, Madonsela said: “In general terms, I would say yes. I am familiar… Ordinarily, yes, it would come to my desk. However, I have no recollection of signing off on these inquests. Maybe if I could have sight of the documents, that might jog my memory.”
Despite acknowledging his role as the accounting officer of the department and having limited interactions with the National Director of Public Prosecutions (NDPP) mainly concerning budget allocations, Madonsela reiterated: “I was the accounting officer of the department and, by extension, that of the National Prosecuting Authority (NPA). My engagements with the NDPP were limited only to budget allocations. In practice, there is very little contact between the DG and the NDPP.”
The commission’s proceedings are set to resume on Wednesday, with Advocate Yvonne Mabule expected to provide further evidence.
minister?” Varney asked.
