Former South African President Mbeki Denies Obstructing Apartheid-Era Prosecutions

Former South African President Thabo Mbeki stated Monday that he neither ordered prosecutors to stop cases involving apartheid-era crimes nor struck secret deals to shield former security officers from justice, calling such allegations a “complete fabrication.”

Mbeki appeared before a judicial inquiry in Johannesburg examining claims that political interference in democratic South Africa prevented the investigation and prosecution of crimes committed under white minority rule. Mbeki, who succeeded Nelson Mandela in 1999 and served until 2008, said in a written statement that the National Prosecuting Authority (NPA) should explain its failure to pursue cases referred by the Truth and Reconciliation Commission (TRC).

His testimony comes amid renewed efforts to resolve apartheid-era crimes that have remained unprosecuted for decades. Ahead of his appearance, the Foundation for Human Rights and 25 families of victims and survivors called for an explanation and an apology.

The African National Congress was a leading force in the struggle against white minority rule, guiding South Africa to democracy in 1994. However, subsequent ANC-led governments have faced criticism from some quarters for prioritizing national reconciliation over justice for victims.

President Cyril Ramaphosa initiated the inquiry last April, following lawsuits filed by survivors and victims’ families against successive governments for failing to investigate unresolved killings, disappearances, and other crimes.

The TRC, chaired by Archbishop Desmond Tutu from 1996, offered amnesty to perpetrators in exchange for full disclosure of politically motivated crimes. Those denied amnesty or who did not apply remained liable for prosecution, but many victims' families have waited decades for justice.

According to an interim tally by the Justice Department, the TRC received approximately 7,000 amnesty applications. By November 2000, about 850 were granted, and roughly 5,400 refused, with other applications partially granted, withdrawn, or still being processed.

A review commissioned by the NPA indicated that the TRC referred about 300 cases for further investigation and potential prosecution. However, only a few resulted in successful prosecutions, with many stalled cases attributed to allegations of political interference. The difficulty in prosecuting these cases has been exacerbated by missing evidence and the deaths of witnesses and suspects.

Allegations against Mbeki include claims of secret discussions with former military generals to secure an agreement to avoid prosecution. In an April 2003 parliamentary address responding to the TRC's final report, Mbeki stated that prosecutors, "working with our intelligence agencies," could engage in lawful arrangements with individuals willing to disclose information about past crimes. Critics argue that his cabinet's response facilitated political interference.

Mbeki acknowledged meeting with former military and police officers but denied any agreement to protect them from prosecution, asserting that the discussions aimed to encourage their participation in the TRC. He clarified that his 2003 remarks pertained to individuals who had not gone through the TRC's amnesty process, rather than cases referred for prosecution, and affirmed the NPA's authority to decide on prosecutions, rejecting blanket amnesty.

Mbeki and his successor, Jacob Zuma, unsuccessfully sought the recusal of the inquiry's chairperson, retired Constitutional Court Justice Sisi Khampepe, citing her prior roles with the TRC and NPA as compromising her impartiality. Their challenge was dismissed by the Constitutional Court.

Authorities have also reopened inquests into apartheid-era deaths, including the 1967 death of Nobel Peace Prize winner Albert Luthuli, the 1981 killing of lawyer Griffiths Mxenge, and the 1977 death of anti-apartheid figure Steve Biko in police custody.

Mbeki's testimony was scheduled to continue Tuesday, with three former Cabinet ministers expected to appear later in the week. Zuma's appearance, initially slated for Thursday, has been postponed to a date yet to be confirmed.