Ramaphosa agrees to establish inquiry into alleged sabotage of apartheid prosecutions
Families of victims of apartheid-era atrocities, victims and survivors have won a bittersweet breakthrough as President Cyril Ramaphosa commits to probing political interference that stalled Truth and Reconciliation Commission (TRC)-recommended prosecutions.
The families and survivors as well as the Foundation for Human Rights (FHR) are suing Ramaphosa and government for constitutional damages and an order forcing the president to institute the inquiry.
The president withdrew his intention to oppose the lawsuit and has now undertaken to establish a commission of inquiry to investigate the alleged political interference in the apartheid crimes referred for prosecution by the TRC.
WATCH | Apartheid victims' early victory in R167 million apartheid damages lawsuit
The applicants welcomed the commitment but rejected Ramaphosa's proposal for the commission also to deal with the declaration of their rights and the constitutional damages claim.
According to the foundation, the proposal was legally flawed as the commission had no power to determine rights and remedies.
The FHR said in a statement:
The applicants are very disappointed at the about-turn of the president. In February, the president stated in the media that he deeply appreciated the pain experienced by the families for the many years they had been denied justice. He stated firmly that they needed closure. The president withdrew his notice to oppose the court case and publicly called for mediation to resolve the issues raised by the families and survivors.
According to the FHR, the applicants viewed Ramaphosa's statement as the first serious acknowledgement of their plight after years of silence on the part of the authorities.
The organisation said the statement that mediation was the way forward was particularly welcomed, as it suggested that the president was "serious about resolving" their issues expeditiously.
The FHR, however, lamented that yet, just weeks later, Ramaphosa rebuffed all attempts by the families to commence mediation and, instead of entering into mediation, has decided to offload the declaration of rights and constitutional damages onto a commission of inquiry, which has no authority to deal with it, aside from offering advice.
The foundation said in the statement released on Tuesday:
This fundamental shortcoming was pointed out to the President's legal team, as well as the fact that it will likely result in the issues remaining unresolved for years. This will perpetuate the pain and trauma that the families and survivors have experienced for many years. In the circumstances, the President's statements made in February acknowledging the pain of families and calling for closure and mediation cannot be taken seriously. His extraordinary about-turn has caused the families much anguish.
According to the outcomes of the out-of-court settlement negotiations, Ramaphosa will establish the commission by the end of May.
However, although he withdrew his opposition to the case, FHR has lamented that the president has since refused to engage in mediation on the constitutional damages and the declaration of rights.
The organisation said Ramaphosa has since decided that, despite the applicants' objections, he will proceed to promulgate terms of the reference for the commission that will include the claim for constitutional damages and the declaration of rights.
The president will also apply to the court to stop the litigation from proceeding pending the outcome of the commission of inquiry.
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