Former National Director of Public Prosecutions (NDPP) Advocate Anton Ackerman has apologised to Advocate Menzi Simelane for accusing him of a plot to remove him from prosecuting TRC cases.
Image: Jacoline Prinsloo / File
Former National Director of Public Prosecutions (NDPP) Advocate Anton Ackerman has issued a public apology to Advocate Menzi Simelane, retracting accusations of a conspiracy to have him removed from TRC cases.
This admission comes in light of allegations surrounding an alleged fabricated letter purportedly signed by Ackerman, which indicated he was investigating 37 leaders of the ANC for possible prosecution for apartheid-era crimes.
During his appearance at the Truth and Reconciliation Commission (TRC) Inquiry via video link on Thursday, Ackerman, the head of the Priority Crimes Litigation Unit (PCLU) from 2003 until his retirement in 2013, also admitted that Simelane did not interfere with his professional duties concerning the TRC cases.
His previous testimony had suggested an orchestrated attempt by Simelane and others in the ANC to undermine his role, a claim he now acknowledges as false.
However, he said being called an apartheid prosecutor with no facts was troubling, as this claim had no factual basis.
Simelane was appointed as NDPP under former president Jacob Zuma, but his term ended in 2012.
He was recently shortlisted as one of the favourites to take over the NPA, before his possible return was thwarted after President Cyril Ramaphosa appointed Advocate Andy Mothibi instead.
"I was called an apartheid prosecutor. I believe if they have proof that I was an apartheid prosecutor, I would have no problem with them removing me. If they can't prove that I was an apartheid prosecutor, then the obvious question arises. Why did they do that?" he stated.
Ackerman conceded that his prior testimony was misleading during his cross-examination by Advocate Thabani Masuku, who represents Simelane.
He stated that he had previously given the commission the impression that Simelane and others had orchestrated his removal from the TRC cases.
Advocate Menzi Simelane is the former head of the NPA.
Image: Oupa Mokoena / Independent Newspapers
However, he apologised for this error, stating: "There is a matter that I wish to bring to the attention of the commission relating to my evidence that Mr Mokotedi Mpshe told me that it was Mr Simelane who wanted to remove me from the TRC cases.
"When Mpshe told me he had decided to take me off the TRC cases, I told him that it was not his decision... I gave him the background of how Simelane had a meeting with Vusi Pikoli to discuss my removal... I believe there was room for a misunderstanding on my part."
However, Masuku probed further, accusing Ackerman of more than just a misunderstanding, but of running a 'contrived campaign' against Simelane.
"I want to put it to you that this was more than just a misunderstanding, but a contrived and carefully thought-through position you took because you wanted a scapegoat for the problems that this commission is about?"
Ackerman, in his response, stated that his intention was not to lay the blame on anyone.
"I did not look for a scapegoat. I know that at some stage after we smoked the peace pipe, I assisted him (Simelane) in making certain decisions... I agree that I have never discussed any TRC matters with Mr Simelane."
Early this month, Ackerman described former president Thabo Mbeki’s approach to the investigation and prosecution of the commission as manipulative.
The inquiry resumes on Friday morning, with Ackerman expected to be cross-examined by other concerned parties, including the NPA and the Department of Justice and Constitutional Development.
siyabonga.sithole@inl.co.za