'The President is both player and referee': Families fight Ramaphosa's attempt to delay apartheid justice case
The Pretoria High Court will on Wednesday hear an application brought by President Cyril Ramaphosa and the government seeking to reinstate their opposition in the constitutional damages case.
The case, filed by 25 families and survivors of apartheid-era gross human rights violations, seeks accountability for political interference in the prosecution of crimes recommended by the Truth and Reconciliation Commission (TRC).
IOL previously reported that the families of victims who were forcibly disappeared or killed during apartheid, supported by the Foundation for Human Rights (FHR), filed an application against Ramaphosa and the government earlier this year.
They are seeking R167 million in constitutional damages for the state's 'gross failure.' The families say there was 'a gross violation of their human rights as the state failed to investigate and/or prosecute the cases referred by the Truth and Reconciliation Commission to the National Prosecuting Authority.'
The government is also requesting a postponement or stay of the case pending the outcome of a judicial commission of inquiry established on May 29, 2025.
The families, survivors, and the FHR, who have welcomed the establishment of the commission in principle, have expressed strong opposition to the government's attempt to delay the matter.
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The Citizen
5 hours ago
- The Citizen
Ramaphosa seeks apartheid damages case delay, but victims' families argue perpetrators are dying
The court was told that the government's interest lies in uncovering the truth. President Cyril Ramaphosa has asked the Gauteng High Court in Pretoria to stay a damages case brought by families of victims of apartheid-era crimes. However, lawyers for the applicants have warned that the alleged perpetrators are old and dying. The legal action, initiated by 25 families and survivors of apartheid victims – including relatives of the Cradock Four – seeks R167 million in constitutional damages. ALSO READ: Ramaphosa launches commission of inquiry into apartheid-era justice delays The applicants accuse the government of blocking the investigation and prosecution of murder cases referred by the Truth and Reconciliation Commission (TRC). Ramaphosa has since established a commission of inquiry chaired by retired judge Sisi Khampepe to investigate the lack of prosecutions. Ramaphosa urges court to delay apartheid damages case On Wednesday, Advocate Timothy Bruinders, representing Ramaphosa and government, argued in court that the commission should be allowed to complete its work before the damages case proceeds. 'There was notice put out by judge Khampepe in which she set out what the progress will be over the next month. 'I think she has just started work on it so it's settled that there is a commission,' he told the court. Bruinders pointed out that both the TRC and the families had previously called for the establishment of such a commission to investigate the apartheid-era crimes. 'The reason for the commission of inquiry is because the facts are as yet unknown,' he said. ALSO READ: Mbeki accused of trying to save his reputation by intervening in apartheid lawsuit Judge Nicolene Janse van Nieuwenhuizen, however, raised a concern about whether it was not the applicants' prerogative to go ahead or withdraw their case. Bruinders responded that the case relied on the commission's findings in order for the court to make a ruling on damages. He argued that former National Director of Public Prosecutions Vusi Pikoli did not provide enough detail to conclude that interference occurred in one of the TRC cases. 'One could conclude from that there was an attempted interference.' Watch the case below: Bruinders added that the government and president sympathise with the families. 'They don't have closure. As they say, the prosecutions haven't happened. 'This is of concern to any government who cares about its citizens and those who died in fighting for what he ultimately sees now in the Constitution.' He emphasised that the government's interest lies in uncovering the truth. 'It is not to fight the families on procedural matters. One can imagine how that would go down politically. I do not think it would go down very well.' Victims' families demand justice Later, Advocate Matthew Chaskalson – representing the families – criticised the government's request to the court to delay the damages case, particularly as it had years to establish the commission. 'The applicants are seeking justice for crimes that were committed 30 and 35 years ago. That's the period we are dealing with. 'The perpetrators of these crimes have either already died or are dying at a rapid rate,' he said, pointing out that most suspects are now likely in their 70s. Chaskalson told the court that the applicants themselves are aging and that some have already died. 'They do not have time to wait indefinitely for the commission of inquiry to report and for relief to be recommended,' the lawyer said, adding that the applicants are entitled to their day in court while they are still alive. He further argued that commissions of inquiry have a tendency to 'drag on and on'. 'It is an extraordinarily optimistic proposition to put forward the idea that this commission will be able to do a thorough job on its investigation and report in four months' time, which is all it has left of the originally six months.' The court has reserved the judgment. NOW READ: Khampepe Commission is the right platform for Mbeki, Mabandla to tell their story, court rules


eNCA
5 hours ago
- eNCA
Families of apartheid-era victims push for justice
PRETORIA - Justice delayed is justice denied. That's the stance of families of over 20 apartheid-era victims, who say President Cyril Ramaphosa's bid to pause their R167-million lawsuit, is unconstitutional. They're seeking damages for the State's failure to act on cases referred by the Truth and Reconciliation Commission.

IOL News
10 hours ago
- IOL News
Ramaphosa seeks to postpone R167 million damages case until inquiry completion
President Cyril Ramaphosa has earlier signed a proclamation for the establishment of a judicial commission of inquiry to determine whether attempts were made to prevent the investigation and prosecution of apartheid-era crimes. Image: GCIS President Cyril Ramaphosa has called on the Gauteng High Court in Pretoria to pause the R167 million constitutional damages case filed by families of victims and survivors of apartheid-era atrocities. He argues that the case should be delayed until the judicial commission of inquiry concludes its work, ensuring that all relevant facts are fully established before proceeding. Ramaphosa has earlier signed a proclamation for the establishment of a judicial commission of inquiry to determine whether attempts were made to prevent the investigation and prosecution of apartheid-era crimes. Advocate Tim Bruinders SC, arguing on behalf of Ramaphosa and the government, said it is vital that all the facts first be established before the constitutional damages case is served before court. He said the commission will shed more light on why, and to what extent and by whom, efforts or attempts were made to influence or pressure the South African Police Service or the National Prosecuting Authority (NPA) to stop investigating or prosecuting TRC cases. According to Bruinders, it is at this stage impossible for Ramaphosa and the government to issue an affidavit in the constitutional damages case if the facts are not clear. 'In fact, we do not know at this stage what the true facts are,' he said. Judge Nicolene Janse van Nieuwenhuizen questioned whether it is not the prerogative of the applicants (the survivors and families) to proceed with their constitutional damages case as they deem fit. Judge Nicolene Janse van Nieuwenhuizen listening to the arguments of Advocate Matthew Chaskalson SC on Wednesday during President Cyril Ramaphosa's application for a stay of the constitutional damages case brought by the families of apartheid era victims. Image: Zelda Venter Bruinders responded that the facts must first become clear - something which a commission can establish by calling witnesses - before a court could decide on damages. 'These are families who have the sympathy of the government. They don't have closure. This is a concern for any government, but the facts must still be explored,' he said. Bruinders added that the government wanted the truth as to why these cases were not investigated and prosecuted. But it first needed the facts. Judge Janse van Nieuwenhuizen also questioned whether it was not possible for the court hearing the constitutional damages claim to deal with the cases of each of the 25 families and to establish the facts then. But Bruinders said as witnesses usually do not testify in motion court proceedings, such as this, the commission of inquiry is in a better position to establish the facts, as it has the tools to investigate the issues. Advocate Matthew Chaskalson SC, for the families, implored the judge not to stay the constitutional damages case. He said the families have been waiting for between 30 and 50 years for justice. Chaskalson added that the commission of inquiry can go on for months before it makes any recommendations. He pointed out that the commission can only make recommendations, which are not binding on the president. He accused the president of not wanting to choose where he stands in this matter. In asking that the case not be delayed, Chaskalson said the applicants and their legal teams are confident that they have a good case in the constitutional damages matter. Judgment is reserved. Cape Argus