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The National Prosecuting Authority says the death of the last apartheid-era security policeman implicated in the abduction and murder of the Cradock Four, is a setback for their quest to ensure justice for apartheid-era crimes.
NPA Eastern Cape spokesperson, Luxolo Tyali, said in a statement on Thursday that the 1985 murders of the political activists were revived in 2021 after the original case docket was lost and a new one reconstructed.
He said at that stage, there was insufficient evidence to prosecute the then elderly Barend Du Plessis, as the only evidence available was his testimony before the Truth and Reconciliation Commission.
“This evidence is not admissible against him and any other person in a criminal trial and therefore no decision to prosecute him could be made in the circumstances,” Tyali said.
“Despite NPA’s commitment and focused efforts to make progress on the case, the investigation process to gather more evidence faced unforeseen challenges and took longer than anticipated. TRC cases are uniquely complicated due to challenges relating to evidence collection.”
Tyali said the Director of Public Prosecutions in the Eastern Cape made a decision on the matter that still needs to be communicated to the families of the Cradock 4.
“We are committed to ensuring finality of the matter so that families can find some closure on this long outstanding matter,” he said.
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But, in a hard-hitting response, Lukhanyo Calata, who established the Fort Calata Foundation in his father's memory told Algoa FM News that the family finds the NPA statement "completely disingenuous."
"We have been dealing with the NPA for several years now and every time we've met with them they have always presented us with problems rather than solutions. That has given us as the families the distinct impression that they lacked commitment to actually prosecuting the murders of the Cradock Four," he said.
Calata said the NPA left the matter too late after the Truth and Reconciliation Commission handed over 300 cases to them in 2003 for investigation.
“Had they acted from 2003 already, none of the problems that were presented to us over the last two years would have been an issue because the suspects, almost all of them, were still alive at the time."
"The evidence would have been there for them to find and prosecute, but the NPA has lacked the conviction. Now, we know why, because there was political interference that they have admitted to. There was also a lack of commitment from the NPA in doing the right thing and giving us justice," Calata said.
"They can't always just blame the delays and the time lapses and political interference. Their members themselves were very lackadaisical in doing what they were supposed to.”
“So, we see this statement, we note it, but we also know the truth of the matter is that the NPA never wanted to prosecute these apartheid killers, and they are now just using convenient excuses now that all of the suspects have died."
"They're now just using these excuses because they know that they are off the hook. It’s a terrible indictment on every one of them for failing not just us as the families but the people who died for this freedom that we enjoy today."
