Mbeki faces Khampepe Commission as AfriForum seeks Gerrie Nel cross-examination
· Citizen
Former president Thabo Mbeki could face cross-examination by Advocate Gerrie Nel at the Khampepe Commission after AfriForum accused him of helping block prosecutions linked to apartheid-era crimes and formally requested permission to question him.
Mbeki is due to testify before the commission on Monday and Tuesday as it investigates whether political interference prevented the prosecution of apartheid-era cases referred by the Truth and Reconciliation Commission (TRC).
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Mbeki
The commission is probing allegations that efforts were made to obstruct the investigation and prosecution of apartheid-era crimes that were not granted amnesty through the TRC process.
Mbeki’s appearance is expected to be one of the inquiry’s most closely watched moments, as it examines what happened to cases referred for prosecution after the TRC completed its work.
Request
AfriForum CEO Kallie Kriel said the organisation had submitted a formal request seeking permission for Nel, head of AfriForum’s Private Prosecution Unit, to cross-examine Mbeki.
“The cross-examination would pertain to Mbeki’s alleged political interference aimed at preventing the prosecution of himself and other senior leaders for the murder of, among others, Kobie van Eck and her two young children, Nelmarie and Nasie, in an ANC landmine attack near Musina on 15 December 1985,” Kriel said.
Amnesty
Kriel said AfriForum’s involvement in the commission dates back to a 2007 request by the late Dirk van Eck, who wanted the principle of equality before the law to apply to ANC leaders if apartheid-era crimes were prosecuted.
He argued that Mbeki, whose amnesty application was rejected, should face scrutiny over decisions taken at the ANC’s Kabwe conference in 1985 that allegedly led to attacks on civilians.
Kriel also pointed to Mbeki’s affidavit before the commission.
“Mbeki’s admission aligns with the TRC’s finding in its final report that the ANC is responsible for a series of gross human rights violations resulting from bomb attacks on public buildings, restaurants, hotels and bars, as well as a landmine campaign.”
ANC and allies
Kriel said Van Eck believed it violated the principle of equality before the law that former security force members were prosecuted while ANC leaders were not prosecuted for authorising Operation Cetshwayo, a landmine campaign that resulted in civilian deaths.
According to Kriel: “The ANC and its allies were responsible for hundreds of murders of civilians, including approximately 700 ‘necklace’ killings, about 400 other instances of people being burned alive, and nearly 250 deaths resulting from bomb blasts and shootings.”
Zuma
The commission seeks to establish what Mbeki knew about the cases, what political-level discussions took place, and whether any decisions affected the progress of investigations and prosecutions.
Former president Jacob Zuma is also expected to appear before the commission later this week, although his testimony remains subject to his health following his recent hospitalisation.
TRC
In May 2026, President Cyril Ramaphosa, who established the commission, extended the Khampepe Commission of Inquiry’s term until 18 December 2026.
The Presidency confirmed the lifespan of the inquiry was extended to allow the commission more time to complete its probe into alleged attempts to prevent the investigation and prosecution of apartheid-era crimes.