Former deputy National Director of Public Prosecution (NDPP) Adv Jacobus Petrus Pretorius appeared before the Truth and Reconciliation Cases Inquiry on Monday.
Image: TRC Cases Inquiry X Account
Former deputy National Director of Public Prosecution (NDPP) Advocate Jacobus Petrus Pretorius has denied providing 'substandard' prosecutorial work in the prosecution of the Truth and Reconciliation Commission (TRC) matters.
Pretorius appeared before the TRC Cases Inquiry on Monday, amid allegations of poor prosecutorial work, following claims made by Imtiaz Cajee, nephew of the slain anti-apartheid activist Ahmed Timol. Cajee has accused Pretorius of failing to adequately prosecute Timol's case.
Reacting to these allegations, Pretorius told the commission, chaired by retired Constitutional Court Judge, Justice Sisi Khampepe, that he only became involved in the Timol matter in January 2016 following his appointment as acting special director in October 2015.
"I had no managerial responsibility in TRC matters generally, and I was not involved whatsoever with the Ahmed Timol matter. I did not take part in, influence, or participate in any decision-making to close the file."
Pretorius also served as a member of the Priority Crimes Litigation Unit (PCLU), a specialised component of South Africa’s National Prosecuting Authority (NPA) responsible for investigating and prosecuting high-priority crimes.
With a record spanning over 46 years in the legal field, Pretorius firmly denied the accusations, asserting, "I deny this allegation that I provided substandard prosecution. The prosecution in the Basson matter was conducted diligently, professionally, and with meticulous attention to detail."
His defence centred on the rigorous nature of the prosecutions he has overseen, especially highlighting complex cases involving notorious figures such as Eugene De Kock and Dr Wouter Basson.
During his testimony, Pretorius also provided insight into the complexity of the cases he has handled, recounting the high-profile arrest of Basson in 1997, who was caught in the act of handing over illegal substances in a sting operation, underscoring the meticulous evidence that the prosecution had amassed. This example served as a focal point for his assertion regarding the quality of his prosecutorial work.
"When Dr Basson was arrested in a sting operation at Magnolia Dell in Pretoria in 1997, he was apprehended in the act, and after handing over ecstasy tablets to an undercover agent, Mr Grant Visser, and receiving R60,000 in marked notes, the transaction was recorded. He was caught red-handed."
Pretorius further stated that he knows of no attempts to interfere with the investigations or prosecuting of TRC matters, saying: "I rely on the affidavits of Adv Anton Ackerman, Adv Chris Macadam, and Adv Vusi Pikoli. As I said, I have no personal knowledge of political interference; I only relied on them."
Moreover, Pretorius admitted to dispatching a letter to Cajee in 2018, wherein he told him that he felt his proximity to Timol's case was causing bias, stating: "I told him (Cajee) that your lawyers are there, and they can provide you with feedback. That is the reason I wrote that letter to Mr Cajee."
Following Pretorius's hour-long evidence-in-chief testimony, the inquiry adjourned its proceedings shortly after the tea break, with proceedings set to resume on Tuesday.
siyabonga.saithole@inl.co.za