Civil rights organisation AfriForum has requested permission from the Khampepe Commission of Inquiry for Advocate Gerrie Nel, head of its Private Prosecution Unit, to cross-examine former president Thabo Mbeki.

AfriForum CEO Kallie Kriel announced the request, which relates to allegations of political interference in the prosecution of apartheid-era political crimes. The organisation claims that such interference prevented Mbeki and other senior ANC leaders from being prosecuted.

The request is linked to the 15 December 1985 ANC landmine attack near Musina, in which Kobie van Eck and her two young children, Nelmarie, 8, and Nasie, 2, were killed.

AfriForum has represented the late Dirk van Eck’s family since 2007, advocating for equal treatment under the law in the prosecution of apartheid-era political crimes. The organisation has also argued before the commission that several ANC leaders who did not receive amnesty for political crimes should have faced prosecution.

The commission, chaired by retired Constitutional Court Justice Sisi Khampepe, is investigating why individuals responsible for apartheid-era political crimes who were not granted amnesty were not prosecuted. It is also examining allegations of interference and delays in investigations and prosecutions from around 2003 onwards.

Mbeki is scheduled to testify before the commission on 19 and 20 October 2026. He previously challenged Khampepe’s impartiality without success and has denied interfering in matters relating to the Truth and Reconciliation Commission (TRC). He has instead attributed prosecution failures to the National Prosecuting Authority.

AfriForum’s request comes amid ongoing debate over the commission’s work, with the organisation calling for greater scrutiny of cases involving ANC members alongside those involving former apartheid-era security forces.

The commission’s term has been extended until 18 December 2026.

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