SCHEDULE TERMS OF REFERENCE
OF THE JUDICIAL COMMISSION OF INQUIRY TO INQUIRE INTO ALLEGATIONS REGARDING EFFORTS OR ATTEMPTS HAVING BEEN MADE TO STOP THE INVESTIGATION OR PROSECUTION OF TRUTH AND RECONCILIATION COMMISSION CASES
Amendment of Terms of Reference
1. The Terms of Reference of the Judicial Commission of Inquiry to inquire into allegations regarding efforts or attempts having been made to stop the investigation or prosecution of Truth and Reconciliation Commission cases as published in Proclamation No. 264 of 2025, is hereby amended by the substitution for paragraph 7 of the following paragraph:
“7. The Commission must—
7.1 complete its work within the period commencing from 18 September 2025 and ending on 29 May 2026; and
7.2 submit its report to the President within 60 days after the date on which the Commission completed its work.”.
IN THE COMMISSION OF INQUIRY INTO STOPPED TRC INVESTIGATIONS AND/OR PROSECUTIONS
DRAFT RULING
After having heard the parties, the Commission makes the following ruling:
1 In respect of requests by parties to lead witnesses, the Chairperson of the Commission will make such decisions in terms rule 3.1 of the Commission’s Rules.
2 There is currently a request by the Calata Group to lead the following witness:
2.1 Lukhanyo Calata
2.2 Thembi Simelane
2.3 Yasmin Sooka
2.4 Dumisa Ntsebeza SC
2.5 Ole Bubenzer
2.6 Michael Schmidt
2.7 Anton Ackermann SC
2.8 Adv Vusi Pikoli
3 The reasons for the Calata Group’s request to lead these witnesses are set out in their submissions, dated 7 November 2025.
4 The substantive objections of other parties to the Calata Group leading the aforesaid eight witnesses are set out in their written submissions.
5 In respect of future requests by the parties to lead witnesses, such requests will be made by way of letter addressed to the Chairperson, copied to all parties, identifying the witnesses in question and providing the reasons why the parties wish to lead those witnesses.
6 Any party wishing to object to another party leading their witnesses, may do so by way of letter addressed to the Chairperson, copied to all parties.
BY RULING OF THE COMMISSION
28 November 2025
