Twenty-five families and survivors of apartheid-era crimes have filed an application in the Pretoria High Court against President Cyril Ramaphosa and his government, seeking constitutional damages for the government's failure to adequately investigate and prosecute apartheid-era political crimes following the Truth and Reconciliation Commission (TRC) process.
The applicants are also requesting an order compelling the President to establish an independent and public commission of inquiry into the political interference that suppressed hundreds of serious crimes from South Africa's past.
The applicants include survivors of significant atrocities and the families of victims of apartheid-era crimes. Among them are survivors of the Highgate Hotel Massacre, Neville Beling and Karl Weber, and family members of the Cradock Four, Richard and Irene Motasi, Caiphus Nyoka, the PEBCO 3, the COSAS 4, Nokuthula Simelane, Rick Turner, Musawakhe 'Sbho' Phewa, Hoosen Haffejee, Mxolisi 'Dicky' Jacobs, Imam Abdullah Haron, Deon Harris, Matthews 'Mojo' Mabelane, Ntombikayise Priscilla Kubheka, Ignatius 'Iggy' Mthebule, and Nicholas Ramatua 'Boiki' Tlhapi.
At a press conference, Lukhanyo Calata, son of Fort Calata—one of the Cradock Four murdered in 1985 alongside comrades Matthew Goniwe, Sparrow Mkonto, and Sicelo Mhlauli—emotionally described the struggles his family and others have faced in their fight for justice.
He spoke of the time constraints and the immense difficulty endured by families affected by these atrocities.
“To prosecute my father's killers, allow justice for me, my mother and sisters, and create a type of society where my father's life mattered. When the successive ANC-led administrations failed to do that, it told me that my father's life, and the many victims who became known as the Cradock Four, didn't matter,” he said.
“It's sad to be at this point—having to go to court just to get justice, something that is duly mine! But if the government does not give us justice, then what else must we do?”
Lukhanyo further emphasized that the families want to uncover the identities of political figures who influenced decisions to deny justice and betray their comrades. He expressed hope that the court will compel President Ramaphosa to establish a commission of inquiry to uncover the truth.
The families seek constitutional damages against the state for its failures. Odette Geldenhuys, Head of the Webber Wentzel Pro Bono Department representing the applicants, explained that constitutional damages are a last-resort legal remedy to address grave violations of constitutional rights by the state.
The suppression of post-TRC accountability has led to the loss of witnesses, perpetrators, and evidence, making it nearly impossible to pursue prosecutions and denying survivors and victims' families their rights to justice, truth, and closure.
Dr. Zaid Kimmie from the Foundation for Human Rights emphasized that the co-applicants are not acting solely in their own interest but also in the public interest.
The case aims to address the systemic failure caused by political interference in the investigation and prosecution of TRC cases.
The families are demanding two forms of relief: the establishment of a commission of inquiry into political interference in these investigations and constitutional damages as redress for the egregious violations of their constitutional rights.