President Cyril Ramaphosa of South Africa has submitted an affidavit to the Truth and Reconciliation Commission (TRC) cases inquiry, explaining his actions regarding allegations of political interference in the investigation and prosecution of apartheid-era atrocities. The affidavit was submitted in response to a request, endorsed by the late Desmond Tutu, for an inquiry into the matter. Ramaphosa's affidavit states that his office received the letter but did not establish an inquiry at the time, citing plans by the department of justice and the National Prosecuting Authority (NPA) to address prosecution delays.
Imtiaz Ahmed Cajee, the nephew of murdered anti-apartheid activist Ahmed Timol, testified before the TRC cases inquiry, alleging that Ramaphosa ignored the pleas of apartheid atrocities victims and their families to investigate and prosecute TRC cases. The TRC is investigating allegations of political interference that led to the suppression of apartheid-era cases. Documents show that former TRC commissioners Yasmin Sooka and Adv Dumisa Ntsebeza wrote a letter to Ramaphosa in February 2019, endorsed by Tutu, urging him to establish a commission to investigate the "shameful story of terrible neglect" and claims of political influence.
Ramaphosa's affidavit states that he did not establish an inquiry because the NPA and the justice ministry were committed to addressing complaints of prosecution delays and suspected political interference. He argues that the allegations against him do not form part of the commission's terms of reference and that he is not under a constitutional, statutory, or other legal obligation to establish a commission. Ramaphosa also stated that he did not try to influence the NPA's prioritization of TRC cases or interfere with their prosecutorial work.
The TRC cases inquiry spokesperson, Lionel Adendorf, confirmed that Ramaphosa has not been invited to appear before the commission, stating that the evidence leaders do not think it is necessary for him to testify. The allegations investigated by the commission center on the tenures of former presidents Thabo Mbeki and Jacob Zuma, with claims of secret talks with former South African Defence Force (SADF) generals and police generals aimed at avoiding prosecutions for apartheid human rights violations.
Former President FW de Klerk's foundation claimed in 2021 that there was an informal agreement between the ANC leadership and former operatives of the pre-1994 government, leading to the suspension of prosecutions for apartheid-era crimes. Ramaphosa denied the existence of such an agreement. He also addressed why he did not respond to letters flagging prosecution issues, stating that the lack of response did not mean that no action was taken to address the concerns.
Ramaphosa stated that action was taken by the NPA to resolve the prosecution dilemma of TRC cases when he took over as president. He was informed that the justice ministry had inquired about delays in prosecutions after the first letter by former TRC commissioners and was satisfied that the NPA was working to reduce delays and speed up prosecutions. Ramaphosa emphasized that intervening in the NPA's work could be seen as executive interference with their prosecutorial independence.
Three decades after the TRC concluded its work and referred about 300 cases for prosecution to the NPA, only a few cases have been brought to court. Ramaphosa established the commission in May 2025, following the request for an inquiry. The commission's investigation into allegations of political interference in the TRC cases continues, with Ramaphosa's affidavit being part of the evidence considered.
Key points
- President Cyril Ramaphosa has not been summoned to appear before the Truth and Reconciliation Commission (TRC) cases inquiry.
- Ramaphosa submitted an affidavit explaining his actions regarding allegations of political interference in the investigation and prosecution of apartheid-era atrocities.
- The TRC is investigating allegations of political interference that led to the suppression of apartheid-era cases.
