TRC inquiry stalls, as some parties plan to bring recusal application

The Commission of Inquiry into Truth and Reconciliation (TRC) cases has stalled, as some parties in the matter plan to bring a recusal application.

Proceedings kicked off on Monday morning at the Sci-Bono Centre in Newtown.

ALSO READ: TRC inquiry: Over 20 families seek damages for SA gov’s failure to investigate Apartheid-era crimes

The judicial commission will determine whether attempts were made to prevent the investigation and prosecution of apartheid-era crimes.

It’s 27 years since the last TRC report was submitted to then-President Thabo Mbeki with a recommendation for 3,000 cases to be prosecuted by the National Prosecuting Authority (NPA).

Family members of victims of Apartheid-era crimes attended proceedings, hopeful that almost three decades since their cases were referred for prosecution, answers would be provided for why they have not made it tocourt.

But the commission’s chair, retired Constitutional Court Justice Sisi Kampepe, started proceedings by highlighting a request by the NPA and the Department of Justice for the recusal of chief evidence leader Advocate Ishmael Semenya.

Advocate Makhosi Gwala, on behalf of the NPA, pointed out an apparent conflict because of Semenya’s previous links to the NPA.

"We are simply saying because Adv Semenya (SC) advised the NPA, gave opinions, even to the extent of representing the NPA then on those basis he should be disqualified."

The commission has given the parties time to make a formal recusal application.

Semenya’s recusal will be argued in two weeks’ time.

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