The Judicial Commission of Inquiry into allegations regarding attempts to stop the investigation or prosecution of Truth and Reconciliation Commission (TRC) cases, chaired by retired Constitutional Court Justice Sisi Khampepe, is set to submit its final report to President Cyril Ramaphosa by 31 July 2026. Established on 29 May 2025, the commission has spent the final days of its mandate scrutinising claims of political interference in the handling of apartheid-era crimes.
Controversial Testimony On Policy And Transition
Former Deputy Minister of Justice and Constitutional Development, John Jeffery, appeared before the inquiry on 24 July 2026 to address allegations that the state deliberately stalled prosecutions. During the proceedings, Lukhanyo Calata, son of anti-apartheid activist Fort Calata, testified that Jeffery had previously suggested the lack of progress on TRC cases was a result of a “negotiated settlement” inherent in South Africa’s transition to democracy.
“Part of the problem is the nature of our transition from apartheid to democracy the negotiated settlement that was the price that had to be paid.” – Attributed to John Jeffery (as recalled by Lukhanyo Calata)
In response, Jeffery maintained that his past remarks were focused on the limitations of the criminal justice system rather than an intent to suppress truth. He stated to the commission: “I expressed the view that the criminal justice system did not have the capacity to investigate every apartheid era crime while simultaneously responding to contemporary demands… in doing so I was not suggesting that apartheid era crimes were unimportant or undeserving of investigation.”
Addressing Allegations Of Systemic Failure
The commission, which also includes retired Northern Cape Judge President Frans Diale Kgomo and Advocate Andrea Gabriel SC, has faced significant public scrutiny regarding its ability to uncover why many TRC-recommended prosecutions failed to materialise. Former Director-General and advisor at the Department of Justice, Doctor Mashabane, bolstered the state’s defence by appearing on 27 July 2026 to deny any personal or departmental involvement in political interference.
The upcoming conclusion of the inquiry marks a critical milestone in the ongoing efforts by families of victims to seek accountability for human rights violations documented decades ago. Following the submission of the final report, the presidency is expected to review the commission’s findings and recommendations before determining the next steps for potential legal action or policy reform.