Former Intelligence Minister Ronnie Kasrils has come out in defence of former Justice Minister Brigitte Mabandla at the Khampepe Commission of Inquiry, arguing that she could not have instructed the NPA to halt prosecutions of apartheid-era perpetrators.
He said such an instruction would have been impossible under the Constitution, which guarantees the prosecuting authority’s independence.
Kasrils also used his appearance before the commission to reject claims that he sought to protect those implicated in gross human rights violations.
He told the inquiry the accusation was ironic and unfounded, given his own history as an uMkhonto weSizwe commander who was granted amnesty by the TRC for his role in the liberation struggle.
Kasrils, the second minister from the Thabo Mbeki administration to testify before the TRC Cases Commission investigating alleged political interference in the investigation and prosecution of apartheid-era crimes, described claims that he protected perpetrators as ironic and unfounded given his own history in the liberation struggle and the Truth and Reconciliation Commission (TRC) process.
The inquiry has heard evidence implicating Kasrils as the person who allegedly approached the widow of a farmer, Mr van der Merwe, to discuss her husband’s disappearance outside the TRC process.
Kasrils flatly denied the allegation under oath.
“I have no knowledge of Mr van Merwe’s allegations, I deny that I approached Mrs van der Merwe or any of her relatives telephonically or in person regarding the incident described, I deny any involvement in alleged threats against Mrs van der Merwe,” he told the commission.
He told Chairperson Justice Sisi Khampepe that to accuse him of protecting apartheid killers was ironic.
“If I may chairperson I think the word unfortunate that I use should really be ironic when I think about it,” Kasrils said.
Kasrils used his appearance to outline his own liberation history, reminding the commission that he was granted amnesty by the TRC for politically motivated activities carried out as an uMkhonto weSizwe commander.
“I seek to continue my application relating to my involvement in acts of sabotage and other activities undertaken by uMkhonto weSizwe (MK) during the period from 1961 to 1993. My involvement during this period extended beyond acts of sabotage and encompassed various MK operations during the earlier period,” Kasrils said.
He said four other individuals had also applied for amnesty in relation to related activities, naming his two commanders in the Natal regional command, Koenig and Lourens, Billy Nair, Eleanor Kasrils – who was his girlfriend at the time and later became his wife but is now deceased – and Ben Turok.
“The official amnesty decision expressly confirms my membership of the African National Congress (ANC) and records that the acts in respect of which I sought amnesty were politically motivated,” he said.
Kasrils told the commission that at the TRC amnesty hearing held from 31 July to 1 August 2000, he sought amnesty for operations he was directly responsible for.
“These operations were carried out in 1988 by the Brits-Tromp unit under the leadership of the honourable Damien de Lange and involved an attack on a communications tower in Linksfield and a military bus in Benoni. On 14 May 2001, I was granted amnesty by the TRC in respect of these operations,” he explained.
Against that background, Kasrils said, it was inconceivable that he would seek to protect former apartheid operatives implicated in gross human rights violations.
Instead, he said, he encouraged full disclosure to the TRC, including by soldiers involved in the 1992 Bisho massacre, when Ciskei security forces opened fire on unarmed ANC protesters – a march in which he was present.
The former minister’s most pointed intervention was in defence of Mabandla, who served as Justice Minister from 2004 to 2008 and has been accused by some witnesses of being part of a political decision to suppress prosecutions of apartheid-era cases after the TRC.
Kasrils told the commission the accusation does not fit the constitutional structure in place at the time.
He argued that under the Constitution, the Minister of Justice could not instruct the NPA not to prosecute, as the prosecuting authority exercises its mandate independently and without fear, favour or prejudice. Any attempt to give such an instruction, he said, would have been unlawful and impossible to implement.
His defence of Mabandla comes as the Khampepe Commission probes whether there was a deliberate political decision during the Mbeki era to halt the investigation and prosecution of over 300 cases that the TRC had recommended for prosecution after perpetrators failed to apply for or were denied amnesty.
Mabandla has previously denied any interference, insisting she respected prosecutorial independence.
Kasrils described allegations that he and Mabandla conspired to shield perpetrators as “unfounded and malicious,” saying his entire political life had been defined by opposition to apartheid crimes and a commitment to truth and accountability.
The inquiry continues on Friday.