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UNRESOLVED TRC CASES: COMMISSION APPOINTED, TERMS OF REFERENCE GAZETTED
- 29 May 2025
- Justice & Constitutional Development
- SA Legal Academy
Please note: 1) On 19 August 2025, the Department of Justice & Constitutional Development gazetted a notice making the provisions of the 1947 Commissions Act applicable to the inquiry. The notice included regulations specific to that inquiry. 2) On 26 August 2025, Justice & Constitutional Development Minister, Mmamoloko Kubayi, issued a media statement among other things noting that all the necessary arrangements have been made and that 'the Khampepe Commission will commence as announced without any further delays'. 3) On 29 August 2025, the department gazetted rules to be followed throughout the inquiry’s proceedings.
A commission of inquiry into alleged interference in the investigation and prosecution of Truth and Reconciliation Commission cases has been formally established by presidential proclamation in the Government Gazette. The notice concerned includes the new commission’s terms of reference – also announcing its membership and composition.
A report on the outcome of the inquiry is expected to be available on 24 January 2026.
Meanwhile, the terms of reference include a paragraph empowering the Minister concerned to make regulations intended to facilitate evidence gathering by conferring on the commission powers as necessary, to:
- enter and search premises
- secure the attendance of witnesses, and
- ‘compel the production of documents’.
Please click the link below for more information:
- Government Gazette notice
- Presidency media statement
Published by SA Legal Academy Policy Watch
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