KHAMPEPE COMMISSION: Mbeki denies secret deals with apartheid-era generals, blames NPA for TRC prosecution delays

Thabo Mbeki, South Africa’s former president, denied allegations of secret meetings with apartheid-era generals to secure amnesty for their crimes during his testimony before the Khampepe Commission of Inquiry. Mbeki stated that the only interaction he had with former military and police officials occurred in 1996, when they approached the African National Congress (ANC) to request a meeting with the ANC committee responsible for amnesty applications. The generals reportedly asked that the ANC leadership, including Mbeki, appear before the Truth and Reconciliation Commission (TRC) before their political counterparts from the National Party did so. Mbeki explained that the ANC responded by deciding to apply for collective amnesty for its own political leadership, aiming to set an example for the apartheid regime. This effort, however, was later overturned by the courts, ending the ANC’s attempt to use moral authority to pressure the National Party’s leadership to similarly apply for amnesty. Mbeki emphasized that he had been the president of the republic, not a prosecutor, and that the National Prosecuting Authority (NPA) was responsible for handling post-TRC prosecutions. During his testimony, Mbeki referenced a parliamentary speech delivered in April 2003, in which he clarified that he was addressing issues not covered by the TRC. He argued that the establishment of a specialized unit within the NPA to handle these matters was inconsistent with suggestions that his remarks were intended to suppress prosecutions. Mbeki also denied allegations that the NPA required government approval before proceeding with cases referred by the TRC. Regarding presidential pardons, Mbeki said the government aimed to encourage truth-telling rather than grant immunity or general amnesty. He stated that collaboration between the NPA and intelligence agencies was necessary to ensure that those seeking to disclose the truth could engage with the NPA effectively. This, he said, was meant to facilitate information sharing, not to allow intelligence agencies to control information. The Khampepe Commission was established following an application by families and victims of apartheid-era crimes, including the Cradock Four, activists Matthew Goniwe, Sicelo Mhlauli, Fort Calata, and Sparrow Mkonto, who were killed in 1985. These families sought declaratory orders and constitutional damages due to the NPA’s failure to investigate or prosecute cases identified by the TRC. The commission, chaired by retired Constitutional Court Justice Sisi Khampepe, includes retired Northern Cape Judge President Frans Diale Kgomo and Advocate Andrea Gabriel SC. Mbeki also denied claims that he had held secret meetings with former president FW de Klerk and members of the South African Defence Force and Police to discuss granting a blanket amnesty. He challenged assertions by Fort Calata’s son, Lukhanyo Calata, that the government and successive ANC-led administrations, including Mbeki, had failed TRC victims and families. In a recorded message from 1985, Mbeki addressed the nation ahead of the mass funeral of the Cradock Four, describing them as heroes and calling for continued resistance against the apartheid regime. He expressed solidarity with their memory and urged the living to carry on their fight for freedom. Mbeki confirmed that he had pardoned 33 prisoners, including members of the ANC and the Pan Africanist Congress, who had been convicted of serious crimes. However, he denied any involvement in obstructing the NPA’s prosecution of cases referred by the TRC. He reiterated that no intervention by the national executive had occurred to halt such prosecutions, dismissing claims to that effect as false. Mbeki and his successor, Jacob Zuma, had previously challenged Khampepe’s ability to preside over the inquiry, citing potential bias. However, the Constitutional Court ruled that the inquiry must proceed under Khampepe’s chairmanship. Mbeki concluded his evidence-in-chief on Monday, with cross-examination scheduled to resume at a later date determined by the commission.