Ramaphosa seeks apartheid damages case delay, but victims' families argue perpetrators are dying
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
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The Citizen
5 hours ago
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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
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