South Africa is reopening the wounds of its apartheid past with a new judicial commission to investigate hundreds of unresolved crimes. President Ramaphosa’s move promises long-awaited justice — but can it deliver?
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In a move that has reignited old wounds and renewed hope for justice, President Cyril Ramaphosa has announced the formation of a Judicial Commission of Inquiry to investigate unresolved crimes from South Africa’s apartheid era. The decision marks the government’s most serious step yet in addressing the unfinished business left behind by the Truth and Reconciliation Commission (TRC) — and it comes after years of mounting pressure from victims’ families and human rights groups.
The commission will examine hundreds of cases of politically motivated murders, torture, and disappearances that have remained unsolved since the end of apartheid in 1994. Many of these cases were referred to the National Prosecuting Authority (NPA) by the TRC over two decades ago but were never acted upon, sparking allegations of political interference and deliberate suppression.
“We owe it to the victims, their families, and to the nation’s moral conscience to ensure that justice is not denied by delay,” Ramaphosa said in a statement. “This commission will finally address allegations of state-sponsored obstruction and hold accountable those responsible.”
The announcement follows a recent legal victory for the family of Imam Haron, an anti-apartheid cleric tortured to death in 1969. Their persistent efforts, along with similar campaigns from the families of activists like Neil Aggett and the Cradock Four, have forced the government to confront its failure to prosecute apartheid-era perpetrators.
For victims’ families, the commission is a bittersweet triumph. Lukhanyo Calata, whose father Fort Calata was one of the Cradock Four murdered in 1985, welcomed the move but warned against cosmetic gestures. “We’ve heard promises before. What we want now is real prosecutions, real accountability. Not another report gathering dust.”
The timing of Ramaphosa’s decision is significant. With elections looming in 2024 and his administration facing criticism over slow justice reforms, the commission offers a chance to reclaim moral leadership and reconnect with South Africa’s foundational promises of truth and reconciliation.
However, the move has also sparked political tensions. Opposition parties have accused the African National Congress (ANC) of cynicism, suggesting the ruling party is attempting to deflect attention from its own internal scandals by reviving old cases. The Democratic Alliance (DA) has demanded that the commission’s mandate include investigations into post-apartheid government failures to act on TRC referrals.
At the heart of the controversy is a long-standing allegation: that powerful figures in post-1994 administrations quietly stifled apartheid prosecutions to protect politically connected individuals and prevent destabilization. Human rights lawyers argue that this collusion betrayed the TRC’s vision and denied justice to thousands of victims.
Yasmin Sooka, former TRC commissioner and now a prominent international human rights advocate, has been among the loudest voices demanding accountability. “South Africa’s transitional justice project stalled because there was no political will to prosecute,” Sooka wrote recently. “This commission must have teeth, or it will fail like the others.”
Analysts say the success of the commission will hinge on whether it can operate independently of political pressure and whether the NPA will follow through with credible prosecutions. Previous attempts to reopen apartheid-era cases have often collapsed under claims of insufficient evidence, missing records, or the advanced age of perpetrators.
Beyond the courtroom, the commission’s work could have profound implications for South Africa’s fragile social fabric. Many young South Africans, born after 1994, have grown disillusioned with the promise of the “Rainbow Nation,” seeing persistent inequality and systemic injustice as proof that true reconciliation was never achieved.
The resurgence of calls for justice has coincided with global movements demanding accountability for historical crimes, from police brutality in the United States to colonial abuses in Europe. South Africa’s reckoning with its apartheid past could once again position it as a leader in transitional justice — or expose the depth of its unfinished business.
Legal experts warn that the process will not be quick or painless. Many apartheid-era crimes involved covert operations, secret police, and assassinations whose paper trails have long since been buried or destroyed. Witnesses and survivors are aging, and political sensitivities remain raw.
Yet for families like the Harons, the Calatas, and many others, the commission represents a last chance for justice within their lifetimes. “We are not asking for revenge,” says Imam Haron’s daughter, Fazlin Haron. “We are asking for truth, for acknowledgment, and for those responsible to be held accountable in a court of law.”
As South Africa confronts its past once again, the stakes are high. Ramaphosa’s government has promised transparency and action, but the road ahead is fraught with legal, political, and emotional challenges.
Whether this commission will bring long-overdue justice or become another chapter in South Africa’s complicated history remains to be seen. But for now, the nation’s spotlight is firmly fixed on this critical reckoning with its painful past.
