The families of victims who were killed or disappeared during the apartheid era are taking bold legal action against the South African government and President Cyril Ramaphosa, seeking constitutional damages for political interference that hampered the investigations into apartheid-era crimes. This legal challenge, filed at the Gauteng High Court in Pretoria, claims that the government’s failure to properly investigate and prosecute these cases has denied victims’ families justice, and calls for the establishment of a commission of inquiry to examine the political interference that blocked the prosecutions.
The application, which was filed on Thursday, demands R165 million in damages from the government. It also seeks for President Ramaphosa to set up an inquiry into the political interference that has effectively halted the investigation of apartheid-era killings. The families, led by Lukhanyo Calata and Alegria Nyoka, argue that these actions have caused deep emotional, psychological, and financial harm.
The case also targets several high-ranking officials, including the Minister of Justice, the national director of Public Prosecutions, the Minister of Police, and the police national commissioner. According to the applicants, these individuals played a role in blocking the prosecution of individuals responsible for atrocities committed during apartheid, despite the Truth and Reconciliation Commission (TRC) referring numerous cases to the National Prosecuting Authority (NPA) for further investigation.
The TRC, which was established in 1996, was tasked with uncovering the truth about the crimes of the apartheid regime, including murders, kidnappings, and torture. The commission issued its final report in 2003, documenting hundreds of cases for further investigation. However, to date, only a handful of these cases have been prosecuted. In 2019, the Johannesburg High Court ruled that political interference had stalled the prosecutions, and Ramaphosa was called upon to establish an inquiry into this obstruction. However, the president has yet to do so, which the applicants argue is a violation of their constitutional rights.
In their court application, the families are requesting significant damages to support their ongoing efforts to achieve justice and commemoration for their loved ones. Specifically, they are seeking R115.26 million to aid the families and organizations working to advance truth, justice, and closure, including funding for investigations, inquests, private prosecutions, and related legal activities. They also demand R8 million for monitoring the work of policing and justice authorities, and R44 million for commemoration, memorialization, and public education projects, such as public events, books, and documentaries.
One of the leading applicants, Lukhanyo Calata, is the son of Fort Calata, one of the Cradock Four, four anti-apartheid activists abducted, tortured, and murdered by the Security Branch of the South African Police in 1985. Calata shared in his affidavit how the murder of his father, along with the murders of the other three men, had a devastating effect on his family. The Cradock Four’s brutal deaths, which were politically motivated, were part of the broader pattern of violence perpetrated by the apartheid government against those fighting for democracy. Calata’s statement reflects the deep emotional scars left by the murders, and the added betrayal of seeing political interference obstruct justice in the post-apartheid era.
Calata explained that the families had participated in the TRC process with the hope that justice would be served for those not granted amnesty. They trusted that the post-apartheid government would hold perpetrators accountable, but this trust was shattered when they learned that no meaningful efforts were made to prosecute those responsible for apartheid-era crimes. “Had we known at the time the TRC was concluding its operations that the post-apartheid government had no intention of prosecuting those who had not received amnesty, most of us would have pursued civil claims,” he said.
The applicants argue that the constitutional damages are not just for compensating the pain they have suffered but to uphold their right to human dignity and justice. They believe the damages will help them continue their fight for truth and accountability, as well as preserve the memory of their loved ones through commemoration and public education. Calata and his co-applicants also emphasize that the political interference was not a mere oversight but a deliberate effort to prevent the investigation and prosecution of crimes committed by agents of the apartheid state.
The case is a stark reminder of the unhealed wounds of apartheid, where families are still fighting for justice decades after the country’s transition to democracy. The respondents have been given 15 days to respond to the application, which, if successful, could pave the way for greater transparency and accountability in the pursuit of justice for the victims of apartheid-era atrocities.
