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Court admits Helen Suzman Foundation as amicus curiae in apartheid litigation
Court admits Helen Suzman Foundation as amicus curiae in apartheid litigation

IOL News

time27-05-2025

  • Politics
  • IOL News

Court admits Helen Suzman Foundation as amicus curiae in apartheid litigation

The Helen Suzman Foundation (HSF) has been admitted as amicus curiae into litigation concerning the government's failure to prosecute apartheid-era crimes referred to by the Truth and Reconciliation Commission (TRC). Image: Leon Muller / Independent Newspapers Archives The Helen Suzman Foundation (HSF) has been allowed to join the ongoing litigation regarding the government's failure to prosecute apartheid-era crimes as a friend of the court. This was after the Gauteng High Court, Pretoria, admitted the foundation as 'amicus curiae' in the case that was brought by families of the victims who were killed and disappeared during the apartheid years. The families filed the court application earlier this year, seeking constitutional damages for political interference and suppression of the cases from the Truth and Reconciliation Commission (TRC). The families want the government to pay R165 million for constitutional damage and for President Cyril Ramaphosa to establish a commission of inquiry into political interference, which halted the investigations and prosecutions of the perpetrators. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ The litigation is also supported by the Foundation for Human Rights as co-applicants. The TRC was set up in 1996. Its mission was to expose and record apartheid-era crimes and allow some of those responsible to confess their role, including members of the apartheid government's state security forces who were implicated in many killings. Some were granted amnesty from prosecution, but thousands were denied it, and others did not come forward. The commission released the first five volumes of its final report in October 1998, and the remaining two volumes were released in March 2003. The cases were referred to the National Prosecuting Authority (NPA) for further investigation and prosecution. However, to date, only a handful of cases have been followed up. HSF, said, as amicus curiae, will make submissions highlighting the right to truth, a right borne not only by the families of the victims, but by the South African public at large. In its application filed in March, the foundation highlighted it would present its argument and offer information on the matter. The foundation said it would also highlight the importance of completing the work of the TRC and demonstrate that it is necessary to give effect, 'inter alia', to the public's right to the truth and the realisation of constitutional ideals around reconciliation and the recognition of the injustices of the past. The foundation said it believes this would be achieved through the investigation and prosecution of those accused of apartheid-era crimes, as well as the establishment of a commission of inquiry into the failure of the government to investigate and prosecute these crimes. 'HSF also emphasises the duty incumbent upon domestic courts to ensure the prosecution of crimes against humanity, including apartheid,' read the statement. Meanwhile, Ramaphosa, who withdrew opposition to the litigation in February, in April announced he was in the process of establishing a Judicial Commission of Inquiry to establish whether attempts were made to prevent the investigation or prosecution of the crimes referred by TRC to the NPA. The establishment of the commission is the outcome of settlement discussions in a court application.

Gauteng High Court dismisses request for judge recusal in historic COSAS 4 trial
Gauteng High Court dismisses request for judge recusal in historic COSAS 4 trial

IOL News

time24-04-2025

  • Politics
  • IOL News

Gauteng High Court dismisses request for judge recusal in historic COSAS 4 trial

The Helen Suzman Foundation and the PAC have welcomed the judgement against the recusal of presiding judge in the COSAS 4 matter. The Helen Suzman Foundation (HSF) and the United Democratic Movement (UDM) have welcomed the Gauteng High Court ruling which dismissed former apartheid security officers' bid to secure the recusal of the presiding Judge in the Congress of South African Students (COSAS) 4 trial. On Wednesday, Judge Dario Dosio of the Gauteng High Court indicated that he will not be recusing himself from the historic trial which seeks justice for the murder of three teenagers in Krugersdorp and the attempted murder of one of them in 1982 when explosives by the apartheid security branch exploded in a pump house of a deserted property. Over the years, the long-awaited and historic trial has been referred to as the COSAS 4 trial, signaling the involvement of young people in the struggle for freedom. "The court does not believe the knowledge of the denial of amnesty viewed collectively, could prevent this court from conducting its business impartially and fairly. Neither does this court believe that knowledge of amnesty denied could deprive accused one and two of their rights to be presumed innocent until proven guilty. In terms of Section 35 of the Constitution until they have been proven guilty beyond reasonable doubt. The accused contention that it would not be possible for this court to objectively evaluate evidence presented during this trial, is tantamount to suggesting that judges live in isolation away from the world and not aware of what is going on in the world, which is in correct," Dosio stated.

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