On Wednesday, Advocate Trish Matzke reiterated the position she first expressed in 2018 when she told her former boss, Advocate Nomgcobo Jiba, that the National Prosecuting Authority (NPA) had dismally failed to investigate and prosecute cases related to the Truth and Reconciliation Commission (TRC).
Matzke was testifying before the TRC Cases Inquiry, which is sitting in Newtown, Johannesburg. The inquiry was established to investigate allegations that efforts were made to stall the investigation and prosecution of apartheid-era crimes.
Appearing before the commission chaired by former Deputy Chief Justice Sisi Khampepe, alongside retired Judge President of the Northern Cape High Court Justice Frans Diale Kgomo and Advocate Andrea Gabriel SC, Matzke acknowledged that the NPA should be blamed for the delay in prosecuting TRC-related matters.
She has served the NPA in different capacities since 1986, beginning as a prosecutor in the lower courts in Randburg and Germiston before holding various senior positions within the authority. She first became involved in the TRC matters in 2018 when she was responsible for one of the NPA's representation and complaints components. However, she told the commission that her responsibilities were limited and that she could not decide on prosecutions.
In a shocking turn of events, Advocate Jiba revealed in an email that Matzke would be responsible for dealing with the TRC cases. As she was apprehensive because she had never worked on these matters before, she requested a meeting with Jiba but it never materialised.
Soon after Jiba's suspension in October 2018, Matzke requested another meeting, saying it was intended to obtain background information, guidance and procedures for dealing with the TRC cases.
Matzke wrote Jiba a letter asking for a discussion around the TRc cases, where she lamented the NPA’s shortcomings, she recalled.
Ahmed Timol's inquest judgment took centre stage as Matzke was questioned about her role in the NPA's decision not to prosecute former Security Branch policemen Neville Els and Seth Sons for allegedly misleading the court during the inquest, despite a court order directing that they be investigated and charged with perjury.
Judge Billy Mothle handed down the judgment on 12 October 2017, finding that Ahmed Timol had been murdered.
"I think the NPA should not blame us for the delay of the TRC cases. The NPA should blame itself," she said.
According to Matzke, when she first arrived at the NPA's Pretoria offices and was instructed to focus on the TRC cases, the available information was disorganised.
"I was shown documents, not dockets, in the cupboard. I did not know where to start. The information was not digitalised," she said.
A visibly emotional Matzke concluded her testimony by saying: "It is unfortunate that, in the history of our country, families had to go through what they went through. And it was not addressed instantly. I just hope that the NPA is in a better shape now to deal with these cases."
Despite Timol's nephew pressing for progress through repeated follow-ups since 2017, Els and Sons have not been considered for investigation and prosecution as directed by the court judgment. It also emerged during Matzke's testimony that one of the challenges may have been securing the attendance of a witness from the United Kingdom (UK), who informed the NPA through correspondence that her health had deteriorated and that she could not travel to South Africa.
Matzke struggled to recall other information, saying she had not been provided with emails, laptops or other tools by the NPA that could have assisted her in organising her work.
She will know before the end of the week whether any of the commissioners intend to cross-examine her.
Asked about achievements she could point to, Matzke said the NPA had succeeded in decentralising the TRC cases. She explained that various Directors of Public Prosecutions (DPPs) had been assigned responsibility for pursuing TRC cases before referring them to the National Director of Public Prosecutions (NDPP). She also cited the establishment of working relationships with informed stakeholders, including the Missing Persons Task Team, the Hawks and others.