The failed permanent stay of prosecution application by anti-apartheid activist Ahmed Timol's accused murderer confirms that the ANC government blocked criminal cases against apartheid killers. It is now crucial that it explain why, writes Karyn Maughan.
There is no longer any doubt that the ANC government actively blocked the prosecutions of alleged apartheid-era murderers - but up until today, it has never explained why.
Now, following a hard-hitting ruling by the Supreme Court of Appeal (SCA), the party may soon be forced to. On Monday, the SCA confirmed what the North Gauteng High Court in Pretoria had stated in 2019; there was undisputed evidence from the National Prosecuting Authority (NPA) that, between 2003 and 2017, "the executive adopted a policy position" that apartheid atrocity cases recommended for prosecution by the Truth and Reconciliation Commission (TRC) would not be pursued.