TRC Final Report

Volume 1

Chapter 11

Part OtherDepts

Subsection 16

■ COMPLAINTS TO THE PUBLIC PROSECUTOR

22 The Legal Department responded to complaints to the Public Protector from the Inkatha Freedom Party (IFP) and from certain former South African Defence Force (SADF) generals.

23 The IFP had complained that the Commission had shown bias in its conduct towards the IFP, violating the party’s constitutional rights, impairing its dignity and contradicting the Commission’s own statutory objectives.

24 Certain former SADF generals also complained to the Public Protector that the Commission had prejudged the former SADF and that the Commission’s approach bordered on a political vendetta or witch-hunt.

■ DRAFTING PROPOSED AMENDMENTS AND REGULATIONS

25 In some instances, the Legal Department drafted regulations or made recommendations to the government for amendments to the Act, including the promulgation of a tariff of fees for legal practitioners, regulations on reparation and rehabilitation, amendments to the Act, and amendments to the Constitution extending the ‘cutoff date’. The Department monitored these amendments as they progressed through the various stages of the legislative process.

■ CRIMINAL CHARGES

26 In four cases, the Commission instituted criminal charges against individuals. These included:

a State v Godfrey Matiwane. In this case, a witness who perjured himself was convicted and sentenced to one year’s imprisonment in terms of section 39 of the Act.

b State v Loyiso Mpumlwana. In this case a charge of fraudulent misrepresentation was laid against a former employee of the Commission’s East London office. The matter was still pending at the time of reporting.

c State v PW Botha. In this case, a criminal charge was laid against former state president Mr PW Botha following his refusal to appear before the Human Rights Violations Committee. The matter was still pending at the time of reporting.

d State v Bennet Sibaya. In this case, a charge of perjury was laid with the attorney general on the recommendation of Judge Goldstone. The matter was still pending at the time of finalising the report.

■ CONCLUSION

27 For a full discussion of details and consequences of legal challenges to the Commission, see chapter on Legal Challenges.