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IOL News
4 days ago
- Politics
- IOL News
Mbeki and Mabandla argue for intervention in R167 million apartheid damages case
Advocates Ngwako Maenetje and Matthew Chaskalson during legal arguments in the Gauteng High Court, Pretoria, on Monday. Image: Zelda Venter Former president Thabo Mbeki and former Justice minister Brigitte Mabandla, in their application to intervene in the R167 million in constitutional damages litigation by families of victims of apartheid-era atrocities, argued that it is in the interests of justice that they be allowed to do so. The pair turned to the Gauteng High Court, Pretoria, on Monday, during which their counsel, Advocate Ngwako Maenetje SC, argued that it does not matter whether the damages case by the victims and families is not aimed at them. The outcome will still have an impact on them. Maenetje told Judge Anthony Millar that the court, which ultimately has to decide on the damages issue, will have to make factual findings, which could negatively impact the reputations of Mbeki and Mabandla. He said they need to put their version of events before the court, else the court will only have parts of the facts, which it will accept as the truth as there will be nothing before it to counter it. 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. 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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. Next Stay Close ✕ The court was told that their intervention is vital to protect their reputations. Mbeki and Mabandla claimed that their rights may be violated by the court's finding that they were involved in suppressing the investigation and prosecution of Truth and Reconciliation Commission (TRC) cases. According to Mbeki and Mabandla, they are seeking to intervene because the relief sought by the families and the consequent claim for constitutional damages is founded on serious allegations of unconstitutional, unlawful, and criminal conduct by them during their respective tenures. Mbeki and Mabandla told the court they do not seek to intervene merely to set the record straight or out of concern that the court's findings may affect their reputations. 'Rather, we seek leave to intervene because the relief sought by the Calata applicants is expressly predicated on allegations of unlawful conduct purportedly committed by us (and other state officials) during our tenure; allegations which we intend to dispute,' they explained. Maenetje said they should be allowed to defend themselves, to which Judge Millar questioned whether it was not possible for them to simply put the facts they want before the court, in an affidavit issued on behalf of the government. But Maenetje said this is not possible, as there will be a conflict of interest. 'It is in the interest of justice that the court does not make a finding on part of the facts. All relevant information must be placed before it,' Maenetje argued. The Foundation for Human Rights and the applicants, meanwhile, argued that there is no case for intervention. Advocate Matthew Chaskalson SC told the court that the law is clear on this. He pointed out that Mbeki and Mabandla turned to the court in their individual capacities, as they no longer hold their previous offices. 'They are not affected by an order the court will issue in the constitutional damages case. They cannot merely intervene to dispute allegations made against them,' Chaskalson said. He added that if the court allowed them to intervene, it would cause chaos, as everyone who thinks they may be implicated in litigation would then try to intervene in that case. Chaskalson said if Mbeki wanted to set the record straight, there are other remedies open to him, such as the law of defamation. 'But you cannot just jump into a dispute that is not your dispute,' he argued. Judgment reserved.
IOL News
6 days ago
- Politics
- IOL News
Mbeki and Mabandla seek to intervene in R167 million apartheid damages case
Former President Thabo Mbeki and erstwhile justice minister Brigitte Mabandla's application to intervene in an apartheid-era damages claim will be heard on Monday, July 28 by the Gauteng High Court, Pretoria. Image: DIRCO Former president Thabo Mbeki and ex-justice minister Brigitte Mabandla will on Monday ask to intervene in the Gauteng High Court, Pretoria application for R167 million in constitutional damages by families of victims of apartheid-era atrocities. Mbeki and Mabandla have indicated that they want to intervene in the R167m constitutional damages case brought by survivors and victims of apartheid human rights violations to protect their reputations. Survivors and victims of apartheid-era atrocities and the Foundation for Human Rights (FHR) have asked the high court for R167m constitutional damages, which includes about R115.3m over five years, to enable families and organisations supporting them to advance truth, justice, and closure by assisting in pursuing investigations and research, inquests, private prosecutions, and related litigation. Another R8m over five years will enable families and organisations supporting them to play a monitoring role in respect of the work of the policing and justice authorities charged with investigating and prosecuting the Truth and Reconciliation Commission (TRC) cases referred to the National Prosecuting Authority. 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 ✕ Ad Loading An additional R44m over 10 years is sought to enable families and organisations supporting families to pursue commemoration, memorialisation and public education activities around the TRC cases including the holding of public events, publishing of books, and making of documentaries. In their application, survivors and family members of victims also want the court to declare the failure and/or refusal by the president to establish a commission of inquiry into the suppression of the investigation and prosecution of the TRC cases inconsistent with his constitutional responsibilities under the Constitution and a violation of their rights to equality, dignity and the right to life and bodily integrity of the victims in terms of the Constitution. Responding to Mbeki and Mabandla's application to intervene, Lukhanyo Calata, the son of the late Fort Calata who, along with Matthew Goniwe, Sicelo Mhlauli, and Sparrow Mkonto, became known posthumously as the Cradock Four, said the former president and erstwhile minister have no direct and substantial interest in the main application, given that no relief is sought against them in their personal capacities. President Cyril Ramaphosa has since established a commission to be chaired by retired Constitutional Court Justice Sisi Khampepe to inquire into, make findings, report on and make recommendations on unlawful interference and collusion since 2003. The government maintains that there is no concrete allegation of interference in the families' case. Mbeki and Mabandla also state that the families make unfounded, false and damaging allegations of interference and collusion against them in their case. They also indicate that the facts of interference and collusion will be better addressed in the commission. According to Mbeki and Mabandla, they are seeking to intervene because the relief sought by the families and the consequent claim for constitutional damages are founded on serious allegations of unconstitutional, unlawful and criminal conduct by them (Mbeki and Mabandla) during the respective tenures, 1999-2008 and.2004-2008, respectively. "We have a direct and substantial interest in the outcome of the proceedings," maintained Mbeki and Mabandla. They continued: "In the absence of our version, the only evidence before this honourable court is in the Calata applicants' founding affidavit. There is therefore a real risk that should we not be granted leave to intervene, the court will be presented with a one-sided narrative and the Calata applicants may be accepted as uncontested." Mbeki and Mabandla told the court they do not seek to intervene merely to set the record straight or out of concern that the court's findings may affect their reputations. "Rather, we seek leave to intervene because the relief sought by the Calata applicants is expressly predicated on allegations of unlawful conduct purportedly committed by us (and other state officials) during our tenure; allegations which we intend to dispute," they explained. The families oppose the application and argue that it is not possible to intervene simply to rebut adverse allegations and that the relief they seek is not directed against Mbeki or Mabandla but against the state. If Mbeki or Mabandla, the families say, feel they have been defamed they have recourse through normal legal remedies and that the application can be decided without the need to make findings in respect of individual role-players, the task of the commission set up by Ramaphosa, according to the FHR.
The Star
25-07-2025
- Politics
- The Star
Mbeki's intervention in TRC damages litigation criticised as 'absurd' and 'muddying the waters'
The Foundation for Human Rights (FHR) has described former president Thabo Mbeki's application to intervene in the constitutional damages litigation by survivors and families of apartheid-era crime victims as unreasonable and 'muddying the waters'. The application by Mbeki and his former justice minister, Brigitte Mabandla, is set to be heard on Monday, July 28, in the Pretoria High Court. The families of victims who were forcibly disappeared or killed during apartheid, supported by the foundation, filed an application against President Cyril Ramaphosa and the government early this year, seeking R167-million in constitutional damages for the state's 'gross failure'. They 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 Prosecutions Authority'. They alleged that there was some political interference in the cases, leading to delays of about 15 years. Speaking to eNCA on Thursday, FHR executive director Zaid Kimmie said they were not gunning for any individual or 'alleging that any particular individual was responsible'. He said they were seeking justice and the R167 million damages, and wanted to know 'potentially how this interference happened'. Those seeking to clear their names or 'cast aspersions on others' would have their opportunity in the upcoming commission of inquiry set up by Ramaphosa, said Kimmie. He said they believed that the commission was 'the correct avenue' that Mbeki and Mabandla should follow. He said the two politicians' intervention in the damages case was 'absurd' and posed a danger of muddying the waters. 'It's clear to us and all families that there was some form of interference in these cases. You don't simply have a 15-year delay in investigations and prosecutions because someone forgot to do their job. It's very clear that there was some sort of interference, and what we've asked for was that, to get to the bottom of that interference we need a commission of inquiry,' said Kimmie. He explained that the R167 million the families were seeking was carefully calculated based on the money used in supporting some of the families during inquests, investigations, prosecutions, and generally providing justice to them. 'Just to make it clear, the money that we're asking for is going to be held in trust. It will be available to any family who's in the same situation (as those in the damages case),' he said. Responding to a question about the 'unfinished business of the TRC' and whether, in his view, the state dealt with the issues adequately, Kimmie said: 'It's clear that there has been a gross violation of the human rights of these families. The state didn't do its job, did not live up to its obligations. And when the state does not live up to its obligations, then it's incumbent upon the people involved to call them to account … 'It's simply not enough to say 'well, bad things happened, these things happen', and everyone walks away.' The state had 'constitutional, legal obligations' and had officials paid to do their jobs, to investigate and prosecute cases. He said it was 'absurd' for them to 'simply decide' that a certain set of cases was 'not worthy' to be prosecuted. There have been allegations in the past that interference by the government under Mbeki during former national director of public prosecutions Vusi Pikoli led to work on the case being stopped. There have not been any proper explanation as to why the TRC cases where amnesty was not granted were not pursued. These cases include the killing of the Cradock Four — Matthew Goniwe, Fort Calata, Sparrow Mkonto, and Sicelo Mhlauli — members of the United Democratic Front and other community organisations fighting apartheid whose killings shocked the nation in 1985.
IOL News
24-07-2025
- Politics
- IOL News
Mbeki's intervention in TRC damages litigation criticised as 'absurd' and 'muddying the waters'
Former President Thabo Mbeki's application to intervene in an apartheid-era damages claim has been criticised Image: DIRCO The Foundation for Human Rights (FHR) has described former president Thabo Mbeki's application to intervene in the constitutional damages litigation by survivors and families of apartheid-era crime victims as unreasonable and 'muddying the waters'. The application by Mbeki and his former justice minister, Brigitte Mabandla, is set to be heard on Monday, July 28, in the Pretoria High Court. The families of victims who were forcibly disappeared or killed during apartheid, supported by the foundation, filed an application against President Cyril Ramaphosa and the government early this year, seeking R167-million in constitutional damages for the state's 'gross failure'. They 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 Prosecutions Authority'. They alleged that there was some political interference in the cases, leading to delays of about 15 years. Speaking to eNCA on Thursday, FHR executive director Zaid Kimmie said they were not gunning for any individual or 'alleging that any particular individual was responsible'. He said they were seeking justice and the R167 million damages, and wanted to know 'potentially how this interference happened'. Those seeking to clear their names or 'cast aspersions on others' would have their opportunity in the upcoming commission of inquiry set up by Ramaphosa, said Kimmie. He said they believed that the commission was 'the correct avenue' that Mbeki and Mabandla should follow. He said the two politicians' intervention in the damages case was 'absurd' and posed a danger of muddying the waters. 'It's clear to us and all families that there was some form of interference in these cases. You don't simply have a 15-year delay in investigations and prosecutions because someone forgot to do their job. It's very clear that there was some sort of interference, and what we've asked for was that, to get to the bottom of that interference we need a commission of inquiry,' said Kimmie. He explained that the R167 million the families were seeking was carefully calculated based on the money used in supporting some of the families during inquests, investigations, prosecutions, and generally providing justice to them. 'Just to make it clear, the money that we're asking for is going to be held in trust. It will be available to any family who's in the same situation (as those in the damages case),' he said. Responding to a question about the 'unfinished business of the TRC' and whether, in his view, the state dealt with the issues adequately, Kimmie said: 'It's clear that there has been a gross violation of the human rights of these families. The state didn't do its job, did not live up to its obligations. And when the state does not live up to its obligations, then it's incumbent upon the people involved to call them to account … 'It's simply not enough to say 'well, bad things happened, these things happen', and everyone walks away.' The state had 'constitutional, legal obligations' and had officials paid to do their jobs, to investigate and prosecute cases. He said it was 'absurd' for them to 'simply decide' that a certain set of cases was 'not worthy' to be prosecuted. There have been allegations in the past that interference by the government under Mbeki during former national director of public prosecutions Vusi Pikoli led to work on the case being stopped. There have not been any proper explanation as to why the TRC cases where amnesty was not granted were not pursued. These cases include the killing of the Cradock Four — Matthew Goniwe, Fort Calata, Sparrow Mkonto, and Sicelo Mhlauli — members of the United Democratic Front and other community organisations fighting apartheid whose killings shocked the nation in 1985. 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 ✕ Ad loading Mbeki and Mabandla deny that political interference stopped the TRC cases and claim that the application is defamatory of them. The families oppose their application, arguing that they couldn't intervene simply to rebut adverse allegations. They say the damages and other relief they seek are 'not directed' against Mbeki or Mabandla but against the state; and if they feel they are or might be defamed they have recourse through 'normal legal remedies'. 'The families assert that the application can be decided without the need to make findings in respect of individual roleplayers, which will be the task of the commission of inquiry already established by the President, although it is yet to commence its work,' the FHR said in a statement on Thursday.
The Citizen
01-07-2025
- General
- The Citizen
Make a difference in an animal's life with Sandton SPCA
The Sandton SPCA is calling on the community to extend a helping hand to ease the burden faced by their overwhelmed shelter. With an influx of abandoned, injured, and frail animals, the organisation is reaching out for support through a dedicated 40-day fundraising campaign, scheduled to run from July 1 to August 18, aiming to raise R167 000. Sandton SPCA fundraising manager Yolande van Rooyen said: 'Our shelter is under immense pressure. Each week, we take in more and more animals in distress, abandoned puppies left at our gates in cardboard boxes, elderly cats arriving frail and malnourished, and injured animals in desperate need of veterinary care. Also read: Sandton SPCA launches urgent fundraising drive to support overburdened shelter 'Recent outbreaks affecting both cats and dogs have placed significant financial strain on our organisation. Mandela Month presents the perfect opportunity for you to support us and help give these animals a second chance.' Van Rooyen added that the campaign is more than about money; it is about mercy, dignity, and hope. 'The demand for our services continues to rise, stretching our already limited resources. We remain deeply committed to never turning away an animal in need, but, to continue doing this crucial work, we urgently need your support.' These funds will go directly towards: Urgent sterilisation procedures to reduce suffering and control overpopulation, Educational outreach in schools, to teach compassion, kindness, and responsible pet care, and Critical shelter upgrades, so they can continue offering animals the safety and dignity they deserve. Also read: Here's why pet owners need to sterilise their pets Here's how you can make a life-changing difference: Sponsor a sterilisation – R550: Help stop the cycle of suffering before it starts. Join us on-site (bookings essential) at Trouville on July 6 and Alexandra on August 13. Fund a School Visit – R5,000: Sponsor a visit to one of 10 schools in disadvantaged communities. Help build safer spaces. Support our charity shop and declutter with purpose. Pre-loved books, clothing, and household items can be donated to our shop, turning what you no longer need into warmth and nourishment for animals in crisis. 'Mandela Month is a perfect opportunity to embody the values Nelson Mandela stood for: Compassion, service, and unity. Let's ensure that these weeks are remembered, not just as a time of reflection, but as a time of action and hope for our vulnerable animals and the children we aim to teach compassion. Read more: Sandton SPCA postpones Puppy Pilates due to canine parvovirus outbreak 'Let's not allow Mandela Month to pass by as just another calendar event. Let's make it a time when lives are truly changed through kindness and care.' Details: Yolande van Rooyen, marketing@ and 011 444 7730 Follow us on our Whatsapp channel, Facebook, X, Instagram and TikTok for the latest updates and inspiration! Have a story idea? We'd love to hear from you – join our WhatsApp group and share your thoughts! At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!
