An open letter to the NDPP Shamila Batohi: Investigate TRC cases | IOL News

NDPP, you have an opportunity to demonstrate clear intent that the NPA is committed to investigating TRC cases, writes Imtiaz Cajee.

19.2.2020

Dear NDPP Shamila Batohi, you have an opportunity to demonstrate clear intent that the NPA is committed to investigating TRC cases, writes Imtiaz Cajee.

NDPP, you have an opportunity to demonstrate clear intent that the NPA is committed to investigating TRC cases, writes Imtiaz Cajee.

The Full Bench dismissed the application of Mr Roderigues who applied for a permanent stay of prosecution emanating from the lengthy delay in prosecuting Mr Roderigues.2. At paragraph 60 it held that “in these circumstances it must follow that the NPA has a duty to assert its authority and independence and resist political interference. It cannot be acceptable for it to have simply allowed, as it did, the manipulation of the criminal justice system in the serious manner in which it occurred.”

Finally, there must be public assurance from both the Executive and the NPA that the kind of political interference that occurred in the TRC cases will never occur again. In this regard, they should indicate the measures, including checks and balances, which will be put in place to prevent a recurrence of these unacceptable breaches of the Constitution.

This public offering would have sent a clear message to the citizens of the country that the NPA and Executive will be investigating the conduct of those officials that failed to execute their duties in investigating and prosecuting the more than 300 TRC cases. An acknowledgment would have also set an important precedent in reminding the country that this behaviour is unacceptable and would not be tolerated.

In view of the current re-opening of the inquest into the death of Dr Neil Aggett, the citizens of the country need to know that the NPA and Executive are committed to investigating all TRC cases. They also need to know that the conduct of those officials of the NPA, as highlighted in the judgment of the full bench, will be investigated and addressed accordingly.



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