Former Justice and Constitutional Development Minister Mohamed Surty says he was emphatic that investigations into the TRC Cases by the NPA must continue.
Surty has been testifying at the TRC Cases Inquiry in Newtown, Johannesburg.
His comments relate to a memorandum sent to him by then Acting-NDPP Mkotedi Mpshe in February 2009, informing him of his decision to reconvene a TRC Task Team. The team was made up of representatives of the security cluster, whose work had lapsed in 2007 with the removal of then-NDPP Vusi Pikoli.
Surty replaced then-Justice Minister Bridget Mabandla, who was alleged to have interfered with Pikoli’s work.
This was Surty’s interaction with evidence leader Ismael Semenya.
The memo references the comments on Surty’s then-Deputy Johnny De Lange and then-Justice Director General Menzi Simelane. The former also suggested that the President be informed of the decision to reconvene the TRC Task Team due to its sensitivities.
“It’s an emphatic suggestion or request that please continue with the investigations. So, nobody can seriously accuse you of having attempted or interfered with the investigations and other situations. Am I right? Not at that time or any other time and you say in your statement the decision whether to prosecute or not to prosecute still remained that of the NPA. It would be illegal and unconstitutional for a minister to direct the National Director of Public Prosecutions to prosecute or decline to prosecute.”
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