Whatever happens with the recusal application, this inquiry must be allowed to proceed.
There is plenty of unfinished business in post-apartheid South Africa.
But, when it comes to finding out the truth of what happened to countless people who disappeared or were murdered by security forces before 1994, hundreds – if not thousands – of families cannot fully grieve because they have not been given closure.
Finding out the facts – and identifying those responsible for gross human rights violations and common law crimes – was the central mission of the Truth and Reconciliation Commission, whose first chair was Archbishop Desmond Tutu.
Healing through truth certainly occurred in some cases – as in the memorable moment when former police minister Adriaan Vlok washed the feet of some of the victims of his cops.
But in the majority of cases, the result was a residue of bitterness and anger as “oldguard” security personnel were either given amnesty, or not prosecuted after failing to apply for amnesty.
Those identified as perpetrators should have been prosecuted by now, argued a group of 23 families who have sued President Cyril Ramaphosa for R167 million because of the long delays in bringing people to justice.
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He, in turn, appointed retired judge Sisi Khampepe to chair the Judicial Service Commission inquiry into allegations of attempts to stop the investigation or prosecution of these cases.
However, we now have the strange spectacle of former presidents Jacob Zuma and Thabo Mbeki – under whose administrations those investigations and prosecutions should have taken place – going to court to get Khampepe to recuse herself.
Perhaps she is biased, as they both claim. Which then begs the question: what are they afraid she might do, or decide?
Whatever happens with the recusal application, this inquiry must be allowed to proceed.
The country needs to know if there was interference in the apartheid crime investigation process.
And, more importantly, why…
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