Batohi says deaths of witnesses contributing to delays in prosecuting apartheid-era cases

Former National Prosecuting Authority (NPA) head Shamila Batohi has conceded that the deaths of witnesses and potential accused persons are contributing to significant delays in prosecuting apartheid-era cases.

Batohi was testifying at the TRC Cases Inquiry, which is currently probing the slow pace of prosecutions for cases referred by the Truth and Reconciliation Commission.

While Batohi painted a picture of an NPA that has gone to great lengths to move these matters forward, the families of victims maintain that there has been a distinct lack of urgency.

When pressed for specific details, Batohi referred the inquiry to senior prosecutor Advocate Shubnum Singh. Singh, who leads the NPA’s investigating team, was described by Batohi as being better placed to provide specific operational insights.

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Shamila Batohi defends NPA progress on TRC cases at Khampepe inquiry

The testimony comes amid mounting frustration from victims' families, who allege that the prosecution of TRC cases has been deliberately stalled due to political interference.

Batohi, however, told the inquiry, led by retired Justice Sisi Khampepe, that prosecutors must ensure all cases meet the stringent requirements necessary for a successful conviction.

When asked directly if the death of witnesses or perpetrators was a primary factor in the delays, Batohi remained cautious but acknowledged.

“I can't say whether it's the main reason. My inclination would be that it's one of the reasons, definitely,” she stated.

Throughout her tenure, affected families have escalated their complaints, frequently issuing letters of demand to compel the NPA to act.

Batohi pushed back against the implication that these legal threats were the only catalyst for movement.

“The fact that the letters of demand have been issued does not mean that there wasn't any work that was happening,” Batohi argued.

The inquiry is expected to gain a fuller picture of the operational hurdles on Thursday, when advocate Singh is scheduled to give her evidence.