TRC cases inquiry adjourned as objections arise over advocate's involvement

The Truth and Reconciliation Commission (TRC) Cases Inquiry took another step back on Monday as it was adjourned until November 26. This delay occurs amidst rising tensions, particularly around the involvement of Advocate Ishmael Semenya, whose prior work as an adviser on the National Prosecuting Authority's (NPA) prosecutorial policy has sparked significant concerns.

The Justice Ministry and the NPA have called for Semenya's recusal from the proceedings, leading to a postponement that has left the victims of the apartheid-era crimes in despair.

The Chairperson of the Commission, retired judge Sisi Khampepe, subsequently postponed Monday's sitting, with families of the victims and survivors of apartheid-era atrocities, represented by the Foundation for Human Rights (FHR), voicing their disappointment over the delays.

“We are very disappointed that, once more, the substantive work of the Commission has been delayed.

"The issue that derailed proceedings today was the question of whether Ishmael Semenya should be recused from his role as evidence leader because of his prior work for the NPA. The NPA and the DOJ were aware of Semenya’s appointment for many months and waited until the last minute before raising their objections,” said FHR Executive Director Zaid Kimmie.

Another disappointed party is Minister of Human Settlements, Thembisile Simelane, whose sister, Nokuthula Simelane, is one of the TRC victims after she was abducted and disappeared in 1983.

“We are representing the elders. My mother is 85 years old. I was invited to come and share the experience. But here we are, and we have adjourned until further notice. If the pace can be picked up, that would be much appreciated. What angers me more is that the State did not discover the registration of Advocate Semenya this morning. They knew, and they could have approached the chairperson and the Commission and filed their papers if they were not in agreement, "she said.

The Truth and Reconciliation Cases Commission, which is investigating the political suppression of investigations and prosecutions related to TRC cases, was established by President Cyril Ramaphosa in May in response to pressure from families demanding justice for apartheid-era crimes.

Commission Chairperson retired Justice Khampepe, in her order, requested the NPA and the Department of Justice and Constitutional Development to file their founding papers for their recusal application.

“The National Prosecuting Authority and the Department of Justice are to file their founding papers in the application for recusal by Wednesday, the 12th of November, and answer that by Monday, the 18th of November. A reply, if any, by Thursday, the 20th of November. Written argument is to be filed by the parties by Monday, the 24th of November, and oral argument is to be heard on Wednesday, the 26th of November 2025,” she stated.

The civil rights organisation AfriForum also expressed its disappointment after the first session of the Khampepe Commission was postponed.

AfriForum, which represents the family of Jaap van der Merwe, who was alleged to have been killed by ANC insurgents near the Botswana border in 1978.

"These families also deserve answers. Despite the TRC finding the ANC guilty of gross human rights violations, the party accepting responsibility for the Van Eck murders, and the TRC categorising Van der Merwe’s murder as the handiwork of the ANC, no ANC member has been prosecuted for these crimes.

"It has been 45 years since Van der Merwe was brutally murdered and 40 years since the landmine murders of the Van Ecks and Denysschens, and to hear today that the commission has been postponed leaves families even more embittered and disappointed,” AfriForum's Kallie Kriel said in a statement on Monday.