A significant development has emerged in the Khampepe Commission's inquiry into delayed apartheid prosecutions. The legal team representing the families of apartheid victims has presented previously hidden evidence, which supports advocate Anton Ackermann's claim that a disputed 2006 memo was forged. This new evidence, a handwritten index and original memorandum, was discovered during a physical inspection of old lever arch files.
The controversy surrounds a 2006 memo that allegedly threatened the arrest of senior ANC leadership. Ackermann, who headed the Priority Crimes Litigation Unit (PCLU) within the National Prosecuting Authority (NPA), claimed the memo was forged. The memo was used to frame him as a "rogue" prosecutor who was obsessively pursuing the arrest of then-president Thabo Mbeki and other high-ranking ANC leaders.
The handwritten index and original memorandum were found to be crucial in supporting Ackermann's claim. According to attorney Asmita Thakor, the index revealed that Ackermann took the "A15" decision on 26 June 2003, alongside several other decisions that year. The families of the victims expressed deep concern that this key document was not previously placed before the commission.
The Khampepe Commission was established to investigate the delayed prosecutions of apartheid-era crimes. Ackermann's testimony in March 2026 revealed that the forgery of the 2006 memo had significant consequences, including the halt of post-TRC prosecutions. The commission has heard testimony from various individuals, including former SAPS head of its legal division, Dr Petrus Jacobs.
The original note, which was still being held at the SAPS offices under lock and key, was inspected by the legal team on 24 June 2026. The note was intended to track the status of police dockets, most notably whether suspects had received amnesty or if investigations were still required. The forgery came to light in 2007, after an article in Rapport newspaper alleged that Ackermann had given written instructions to the police to continue gathering evidence against ANC leaders.
Two forensic inquiries were conducted on the memorandum, one being "Project Gnome" headed by advocate Gerhard Nel. The SAPS conducted an internal inquiry, commissioning an independent forensic expert to analyse the document. The SAPS ultimately maintained that its inquiry had revealed no one could be criminally investigated.
The hearing has been adjourned to a date yet to be announced. The new evidence presented by the families of apartheid victims has significant implications for the Khampepe Commission's inquiry.
Key points
- The legal team representing the families of apartheid victims has presented previously hidden evidence supporting advocate Anton Ackermann's claim that a disputed 2006 memo was forged.
