SA ANC Govt Apartheid Crimes Judicial Inquiry & TRC

By Darius Spearman (africanelements)

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South Africa is once again facing its painful past. President Cyril Ramaphosa announced a major step on April 30, 2025: a judicial commission of inquiry (ABC News). This inquiry aims to uncover whether past governments led by the African National Congress (ANC) deliberately blocked justice for crimes committed during the apartheid era. For decades, families of victims and survivors have cried out, saying that political games got in the way of prosecutions recommended by the Truth and Reconciliation Commission (TRC). This feels familiar to many in the Black diaspora – the long, hard fight for truth and accountability long after the initial harm.

The commission’s job is massive. It will dig into alleged meddling by government officials in the justice system since 1994, when apartheid officially ended. Specifically, it will examine why certain horrific cases, like the 1985 murders of the Cradock Four activists and the 1993 Highgate Hotel Massacre, never saw real justice (ABC News). This moment is significant, potentially offering a chance for closure that many feared would never come. However, it also puts the legacy of the ANC, the very party that fought against apartheid, under a harsh spotlight.

Apartheid’s Shadow & the TRC Prosecutions Promise

To understand this inquiry, we have to look back at apartheid itself. From 1948 to 1994, the National Party government enforced a brutal system of racial segregation (Wikipedia). It wasn’t just about separate benches; it was “grand apartheid,” forcing millions of Black South Africans into impoverished “homelands” or bantustans through laws like the Group Areas Act. Over 3.5 million people were forcibly removed between 1960 and 1983 (Wikipedia). “Petty apartheid” controlled everyday life, outlawing interracial marriage and relationships (Wikipedia). The Population Registration Act of 1950 classified everyone by race, deciding their rights and futures.

After apartheid fell, the TRC, led by Archbishop Desmond Tutu, was created in 1996 under Nelson Mandela (ABC News). Its goal was to document atrocities, grant amnesty to perpetrators who confessed fully, and importantly, recommend prosecutions for those who didn’t get amnesty or didn’t apply. Over 300 witnesses bravely testified during 400 days of hearings (ABC News). Yet, the TRC referred around 300 cases to the National Prosecuting Authority (NPA), but very few led to actual trials or convictions (ABC News). This gap between promise and reality is where the current inquiry finds its roots.

Why Now? The Ramaphosa Commission Emerges

The road to this new inquiry wasn’t paved by politicians alone. It was forced by the persistent efforts of those left behind. In January 2025, a group of 25 survivors and victims’ families took the government to court (ABC News). This group included families like the Calatas, whose father Fort Calata was one of the Cradock Four, and survivors of the Highgate Hotel Massacre. Their lawsuit accused the government of violating their constitutional rights by failing to act on the TRC cases. They sought damages and demanded the court declare the government’s inaction unlawful.

After negotiations, the government agreed to establish this judicial commission as part of a settlement (ABC News). However, disagreements reportedly continue over issues like constitutional damages. The commission’s mandate is specific: investigate if ANC governments improperly pressured the NPA to halt or delay apartheid-era prosecutions. Furthermore, it will probe the actions of specific officials, potentially including former presidents Thabo Mbeki and Jacob Zuma, and look into systemic issues like missing evidence or witness intimidation (ABC News). President Ramaphosa framed it as a quest for “truth and closure,” acknowledging the complex history.

Spotlight on Unhealed Wounds: Cradock Four & Other Cases

Certain cases stand as painful symbols of delayed justice. The Cradock Four – Fort Calata, Matthew Goniwe, Sicelo Mhlauli, and Sparrow Mkonto – were anti-apartheid leaders abducted, tortured, and murdered by security forces in 1985 (ABC News). Six former police officers confessed details during TRC hearings but were denied amnesty. Yet, no prosecutions ever happened. Families, like Lukhanyo Calata, son of Fort Calata, argue that political interference, particularly during Thabo Mbeki’s presidency (1999-2008), shielded these killers to maintain a fragile peace (ABC News). This resonates deeply – the idea that Black lives and justice could be traded for political stability.

Similarly, the 1993 Highgate Hotel Massacre in East London, where five white civilians were killed in an attack, remains contentious (ABC News). An inquest was reopened in 2025 following claims that evidence pointing to apartheid operatives might have been deliberately ignored (ABC News). Furthermore, the reopening of the inquest into the 1967 death of Nobel Peace Prize winner Albert Luthuli, initially ruled an accident, also signals a broader push to re-examine suspicious deaths from that era (ABC News). These cases represent just the tip of an iceberg of unresolved trauma.

ANC’s Tightrope: Balancing Politics and Apartheid Justice

The ANC, born in 1912 as the South African Native National Congress, was the main force fighting apartheid (Wikipedia). After being banned in 1960, it operated from exile, leading armed resistance through Umkhonto we Sizwe (Wikipedia). Since winning the first democratic election in 1994, it has been the governing party. However, the transition brought challenges. Some argue the ANC prioritized national unity and political stability, especially under Thabo Mbeki, over vigorously prosecuting apartheid perpetrators (ABC News). This created tension between reconciliation and accountability.

This history now affects the ANC’s current political standing. The party lost its outright parliamentary majority in the 2024 elections, partly due to public anger over corruption and the perceived failure to deliver justice for past crimes (ABC News). Consequently, the ANC now governs in a coalition. President Ramaphosa has pushed an anti-corruption agenda, including the “step-aside rule,” requiring members facing serious charges to leave their posts (Wikipedia). Yet, his own credibility has been questioned due to scandals like Phala Phala, involving undeclared cash at his farm (Wikipedia). This inquiry, therefore, arrives at a complex time for the ruling party.

Legal Tools and Roadblocks in the Ramaphosa Commission

A key legal development supports the push for prosecutions. An April 2025 High Court decision confirmed that apartheid-era crimes can be prosecuted under customary international law (ABC News). This is crucial because customary international law, derived from consistent state practice and belief in legal obligation, treats apartheid as a “crime against humanity” (Wikipedia). This status means such crimes don’t necessarily expire under statutes of limitations and can potentially be prosecuted universally, challenging the finality of the TRC’s amnesty process (Wikipedia).

However, the path isn’t clear. The National Prosecuting Authority (NPA), constitutionally mandated to be independent, faces immense pressure and historical accusations of political bias (Wikipedia). Issues like “state capture,” where private interests allegedly manipulated the government under Jacob Zuma (Wikipedia), have weakened institutions. Additionally, chronic underfunding of the NPA and judiciary creates delays, feeding perceptions that the powerful escape justice (Wikipedia). The success of the new inquiry will depend heavily on its independence and resources.

What Lies Ahead? Pathways to Apartheid Justice

This judicial commission represents a critical moment for South Africa. It’s a chance to confront lingering questions about political interference in the justice system and potentially deliver long-overdue accountability for apartheid-era atrocities. For the families who fought for decades, like the Calatas, and survivors like Neville Beling and Karl Weber from the Highgate Hotel attack (ABC News), this inquiry holds immense weight.

The findings could significantly impact the ANC’s future and South Africa’s global standing regarding transitional justice. However, success isn’t guaranteed. The commission needs genuine independence, sufficient resources, and public buy-in to ensure its work is transparent and credible. Ultimately, addressing the legacy of apartheid requires more than just uncovering past wrongs; it demands strengthening the institutions meant to uphold democracy and justice for all South Africans today. The world, particularly the African diaspora, watches closely, hoping this chapter leads to real healing and justice.

ABOUT THE AUTHOR

Darius Spearman is a professor of Black Studies at San Diego City College, where he has been teaching since 2007. He is the author of several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.