Key Takeaways
- Former Police Minister Bheki Cele admitted that his refusal to let the state fund legal fees for apartheid‑era police hampered prosecutions and denied justice to victims’ families, including those of the Cosas 4 and Nokuthula Simelane.
- Cele justified his stance by citing his personal history of torture and arrest at the hands of apartheid security forces, arguing it was unjust to use black taxpayers’ money to defend perpetrators of crimes against black people.
- Despite court rulings that the South African Police Service (SAPS) must cover reasonable legal costs for former Security Branch members facing apartheid‑related charges, Cele maintained that SAPS should not subsidise lawyers defending those who tortured and killed activists.
- Cele revealed that during his tenure as police commissioner (2008‑2011) the 2010 FIFA World Cup was prioritized, causing TRC‑related investigations to be sidelined, a decision he defended as necessary to protect the tournament’s international image.
- The ongoing Commission of Inquiry into the halted TRC investigations continues to hear testimony, with former Police Minister Fikile Mbalula slated to appear next.
Background of the Inquiry
The Commission of Inquiry into the halted Truth and Reconciliation Commission (TRC) investigations is presently seated in Newtown, Johannesburg. Established to examine why many apartheid‑era crimes remain unprosecuted, the commission has summoned former senior police officials to explain policy decisions that impacted the TRC’s work. On Tuesday, former Police Minister Bheki Cele appeared before the panel, delivering both oral testimony and reading from his sworn affidavit. His statements shed light on the intersecting motives of personal trauma, fiscal principle, and major‑event prioritisation that shaped his approach to policing during the post‑apartheid transition.
Cele’s Admission on Legal‑Fee Funding
Cele openly conceded that his refusal to authorize government funding for the legal fees of apartheid‑era police accused of crimes against humanity directly hindered prosecutions. He acknowledged that this stance affected the families of victims who appeared before the commission, notably the relatives of the Cosas 4 and Nokuthula Simelane. By blocking state‑funded defence, Cele argued, perpetrators often died without facing trial, leaving survivors without judicial closure. This admission marked a significant shift from his earlier defensive posture and signalled recognition of the policy’s human cost.
Impact on Victims’ Families
The minister emphasized that the families of the Cosas 4—Eustice “Bimbo” Madikela, Peter “Ntshingo” Matabane, Fanyana Nhlapo, and Zandisile Musi—as well as those of Nokuthula Simelane, suffered concrete repercussions from his decision. The Cosas 4 were teenage anti‑apartheid activists from Kagiso, Johannesburg, who were lured to a pump house near Krugersdorp in February 1982 under the pretence of military training and subsequently killed by the Security Branch. Simelane, sister of current Human Settlements Minister Thembi Simelane, was abducted, tortured, and forcibly disappeared in 1983. Cele’s acknowledgment that his policy contributed to the lack of prosecution for these crimes directly addressed the lingering pain of these families.
Personal Motivation: Torture and Opposition
Cele traced his reluctance to fund perpetrators’ defences to his own lived experience under apartheid. He recounted being tortured and arrested by the same Security Branch whose members he later refused to financially support. This personal trauma forged a moral stance: it seemed indefensible to him that money sourced from black taxpayers should be used to defend those who had inflicted violence upon black communities. Consequently, he viewed any state‑subsidised legal representation for former Security Branch officers as a betrayal of the very people the police were meant to protect.
Legal Obligations Ignored
Despite Cele’s moral reasoning, judicial rulings contradicted his position. Both the Gauteng High Court and the Supreme Court of Appeal had determined that SAPS bears a legal obligation to cover reasonable legal fees for former Security Branch members facing prosecution for apartheid‑era crimes. Cele conceded that these judgments existed but maintained his belief that SAPS should not extend monies to pay for lawyers defending individuals such as Colonel Botha, whom he identified as a personal adversary responsible for torture, kidnapping, and murder of activists. His stance highlighted a tension between judicial directives and ministerial discretion grounded in personal history.
The Wouter Basson Analogy
In his affidavit, Cele drew a parallel to the high‑profile case of former chemical‑warfare specialist Wouter Basson, noting that the state had expended approximately R218 million on Basson’s prosecution. Basson, who used his medical expertise to develop biological weapons targeting black populations domestically and abroad, was ultimately acquitted. Cele cited this outcome as evidence that substantial state investment in prosecuting alleged perpetrators does not guarantee conviction, reinforcing his scepticism about allocating resources to defend those accused of apartheid‑era atrocities.
World Cup Prioritisation Over TRC Cases
Cele further revealed that during his term as police commissioner from 2008 to 2011, the 2010 FIFA World Cup was treated as a “very serious project” that superseded other policing responsibilities, including TRC‑related investigations. He admitted that many ancillary matters were relegated to the back burner to ensure the tournament’s success. This prioritisation arose from a pervasive international narrative portraying South Africa as a crime‑ridden destination, which threatened to jeopardise the country’s hosting rights. Cele contended that safeguarding the World Cup’s reputation was a national imperative that justified temporary deprioritisation of historical justice efforts.
The Diplomatic Mission to Zurich
To counter the crime‑parad perception, Cele described leading a delegation of 13 generals to Zurich to convince FIFA officials that South Africa could guarantee safety during the tournament. He characterized this trip as the decisive factor that secured the World Cup for the nation, though he lamented that the story remains largely untold. When questioned by Commissioner Andrea Gabriel SC about the justice awaiting families of TRC victims, Cele argued that no other operation had been halted; rather, the World Cup represented a singular, high‑stakes task that demanded concentrated resources and attention.
Commissioners’ Response and Ongoing Proceedings
The commissioners expressed skepticism, noting that while the World Cup was a significant national project, it should not come at the expense of redress for apartheid‑era atrocities. They pressed Cele on whether the trade‑off was justifiable, especially given the continuing suffering of victims’ families. Cele defended his decisions by emphasizing the extraordinary pressure to deliver a successful global event and the belief that the World Cup’s success would ultimately benefit the nation’s image and economy, indirectly supporting broader societal healing.
Looking Ahead: Testimony of Fikile Mbalula
The inquiry is set to continue on Wednesday with testimony from former Police Minister Fikile Mbalula, who served after Cele. Mbalula’s perspective may offer further insight into the evolution of SAPS policies concerning TRC cases, legal‑fee funding, and the balancing act between major‑event security and historical accountability. As the commission proceeds, its findings will likely influence future policy decisions on how South Africa addresses the legacy of apartheid‑era crimes while managing contemporary policing priorities.
Conclusion
Bheki Cele’s testimony before the TRC inquiry reveals a complex interplay of personal trauma, principled opposition to using state funds for perpetrators’ defence, judicial mandates, and the exigencies of hosting a global sporting event. His admissions underscore the tangible consequences of policy choices on victims’ families and highlight the ongoing challenge of reconciling immediate national imperatives with the pursuit of historical justice. The commission’s continued deliberations aim to untangle these layers and formulate recommendations that honour both the memory of those who suffered under apartheid and the operational realities of modern South African policing.