The National Prosecution Authority’s (NPA) decision to prosecute apartheid-era minister of law and order Adriaan Vlok must not be seen as a witch-hunt, the South African Human Rights Commission (SAHRC) said on Tuesday.
SAHRC chairperson Jody Kollapen said those who committed crimes during the apartheid era and failed to take advantage of the Truth and Reconciliation Commission (TRC) process knew they could be prosecuted.
”The TRC process was a time-bound opportunity and those who did not apply within the prescribed time were well aware that they could be prosecuted at a later stage.
”The state has an obligation to prosecute those who have committed criminal offences, and this must not be seen a witch-hunt,” he said.
Vlok, former police chief Johann van der Merwe and three former high-ranking police officers will appear in court for attempted murder next month.
NPA spokesperson Panyaza Lesufi said on Monday papers had been filed in the Pretoria High Court and the matter would be heard on August 17.
The charges relate to an alleged plot to kill Frank Chikane, now Director General in the Presidency.
He was secretary general of the South African Council of Churches in 1989 when his underwear was lined with a poison that attacked his nervous system.
No comment
Vlok could not be reached for comment, and Van der Merwe declined to comment. They would be joined as accused in the case by Christoffel Smith, Gert Otto and Johannes Van Staden, all former high-ranking police officers.
Lesufi said the five face various charges, including attempted murder.
Vlok and Van der Merwe were meant to stand trial in the Pretoria High Court in 2004 after failing to apply for amnesty from the TRC, but the NPA reversed its decision to prosecute them.
The NPA has since had discussions with lawyers for the two, which Lesufi described as meaningful.
”We, however, decided that due to the nature of this case it cannot be solved in a board room and it must be dealt with in the public domain in open court,” he said.
Last September, Vlok asked Chikane’s forgiveness and washed his feet.
Chikane has repeatedly asked others to come forward and reveal what happened in 1989, but has never called for prosecution.
Commenting on the decision, former president FW de Klerk said he had no further information about the NPA’s reasons for its decision, or the views of Vlok and Van der Merwe.
He repeated his view that any prosecutions related to the conflict of the past should be approached with ”the greatest sensitivity and circumspection” because of the negative consequences that unbalanced action might hold for national reconciliation.
”Insofar as prosecutions are considered, they must be even-handed and must take into consideration the peremptory requirements of the 1993 constitution as well as the spirit of the negotiations and other developments that preceded it,” De Klerk said.
Democratic Alliance spokesperson Dene Smuts said the move must be respected.
”Commentators who have suggested that the NPA may be motivated by a vervolgingswaan [prosecution complex] or that it may act in a partisan manner, do the authority an injustice,” she said.
She said the case would probably be resolved through a plea bargain.
”It is right that foot-soldiers should not have to account alone for the crimes they committed as part of the conflict of the past, and the readiness of minister Vlok and general Van der Merwe in this regard to come forward must be respected, as must the actions of the NPA,” she said. — Sapa
Meanwhile, Chikane said on Tuesday that perpetrators of apartheid crimes should come forward and speak about their crimes so that the victims could find closure.
”I’m interested in knowing what happened to me and other victims [and] targets of apartheid,” Chikane said. — Sapa