Families left waiting as inquiry into unprosecuted TRC cases misses 2025 deadline

As South Africa prepared to revisit its painful history by investigating the failure to prosecute apartheid-era crimes, what was meant to be a year of closure has instead turned into more waiting.

In May, President Cyril Ramaphosa established an inquiry to investigate delays in prosecuting cases referred by the Truth and Reconciliation Commission (TRC).

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This followed narratives and allegations that political interference prevented the prosecution of these cases.

However, an inquiry that was meant to begin and conclude this year has yet to hear testimony from its first witness.

The TRC Commission of Inquiry s meant to investigate what happened after the final volumes of the Truth and Reconciliation Commission report were handed over to then-president Thabo Mbeki.

More than 3,000 cases were referred for further investigation and prosecution. But 22 years later, almost none of them have been heard in court.

This year, families desperate to confirm their suspicions were ready to finally hear testimony on whether, why, to what extent, and by whom attempts were made to influence law enforcement agents not to investigate or prosecute TRC cases.

Proceedings stalled in October following an application for the recusal of chief evidence leader Advocate Ishmael Semenya.

Families, including that of Human Settlements Minister Thembi Simelane - whose sister, Nokuthula Simelane, went missing in 1983 - were deeply disappointed.

“What angers me more is that the State did not discover the registration of Semenya this morning, they knew. They could have approached the chair, they could have approached the commission, they could have filed their papers if they were not in agreement with Advocate Semenya, instead of us coming in this shabby manner. I become livid when I think about it, but it’s okay , we work with what we have.”

Following a request for an extension, President Cyril Ramaphosa has given the commission until May to complete its work and until July to submit its report.