Two former directors-general of the department of justice and constitutional development told the Truth and Reconciliation Commission (TRC) Cases Inquiry on Tuesday that they had no role in decisions relating to TRC prosecutions, saying responsibility rested exclusively with the National Prosecuting Authority (NPA).

Former directors-general Nonkululeko Sindane and Vusi Madonsela, who appeared as witnesses rather than implicated persons, said the NPA reported directly to the minister and operated independently of the department.

The commission said that it called them to provide information that could assist the Khampepe Commission in its work. 

Sindane emphasised that she was never involved in any TRC-related cases. “The responsibility of prosecuting people rests solely with the National Director of Public Prosecutions (NDPP). The DG and NDPP happen to co-exist but they do not have authority over each other. We were collegial towards each other,” she said.

Sindane served between 2010 and 2016 under Minister Jeff Radebe and later Minister Michael Masutha. She said the NPA reported directly to the sitting minister without her involvement.

Sindane told the inquiry that her dealings with the NPA were largely administrative and would mostly include the executive to discuss accommodations/rentals, ensuring that the NPA submitted the required reports and other related matters.

She further detailed the budgetary processes in which the NPA would be involved through the department. Sindane explained that the funds would be allocated to the ministry but with stipulations of how much would be allocated to the NPA.

She said that during her six-year term as the department’s accounting officer, she had never attended a meeting discussing the need for additional budgetary allocations for the purpose of the TRC cases, despite these being recognised as priority crimes.

“There was never a specific request that I can recall particularly for the funding of the TRC cases,” she said. “If they had requested additional funding, the capacity would have been revised. I am just not aware of any request.”

Although she could not speak about the budget used for prosecution, Sindane said her former employer used its budget on exhumations, repatriations, events and management, among others.

Madonsela echoed Sindane’s evidence, saying he had no role in TRC cases because prosecutorial decisions rested exclusively with the NPA.

Testifying virtually from the Netherlands, where he is currently posted, Madonsela said there was no reporting relationship between him and the NDPP. He said the NPA operated under the exclusive authority of the NDPP.

“During my tenure as the director-general, I possessed no statutory authority of oversight of the investigative or prosecutorial functions in relation to any matter under its consideration, including TRC cases,” he said.

Advocate Howard Varney, appearing on behalf of the victims known as the Calata Group, told the commission that he would apply to cross-examine Sindane at a later stage because he had only received the relevant documents on Friday.

He said it would be unfair to proceed with the cross-examination without having had sufficient time to consider the material.

Advocate Yvonne Mabule, a former legal adviser at the National Intelligence Agency and member of the Amnesty Task Team, is scheduled to testify on Wednesday.