Apartheid victims launch legal action against South African government

In a significant legal action, twenty-five families and survivors of apartheid-era political crimes have filed a lawsuit against the South African government seeking constitutional damages for the political suppression of the apartheid-era cases referred to the National Prosecuting Authority following the Truth and Reconciliation Commission (TRC) process. The case was submitted to the High Court in Pretoria in January 2025, with President Cyril Ramaphosa, the justice and police ministers, and the heads of the public prosecutor service and national police named as respondents.

Among the applicants filing the case are relatives of the “Cradock Four”—anti-apartheid activists Fort Calata, Matthew Goniwe, Sicelo Mhlauli, and Sparrow Mkonto—who were brutally murdered by security officers in 1985. Despite the TRC denying amnesty to six security officers involved in the killings in 1999, these individuals were never prosecuted and have since died. The lawsuit contends that the government’s inaction represents a “gross failure” to uphold the TRC’s recommendations, which called for the prosecution of individuals who had not applied for or were denied amnesty.

SRT grantee partner the Foundation for Human Rights (FHR), has been instrumental in bringing this case forward. FHR’s Executive Director, Zaid Kimmie, noted; “The co-applicants are pursuing this case not only on behalf of their own rights but also in the public interest and for all survivors and families of victims who aim to address the systemic failure caused by political interference in the investigations and prosecutions of the TRC cases”.

The plaintiffs are seeking approximately 167 million rand (roughly $9 million) in damages, to go towards further investigations, litigation, memorials and public education. They also demand the establishment of an independent public commission of inquiry to investigate alleged political interference that has led to the suppression of numerous serious crimes from South Africa’s past.

The plaintiffs argue that political interference at the highest levels of government led to the suppression of investigations into apartheid-era crimes. A 2021 Supreme Court of Appeal judgment found that from 2003 to 2017, investigations into TRC cases were halted due to an executive decision, constituting interference with the National Prosecuting Authority (NPA). Former President Thabo Mbeki, who served from 1999 to 2008, has denied any such interference during his tenure.

In response to the lawsuit, all respondents initially filed notices indicating their intention to oppose the case in court. However, in a surprising turn of events, all respondents—except for the National Director of Public Prosecutions—have since withdrawn their notices of opposition.

This legal action underscores the enduring struggle for justice and accountability in South Africa, as families of apartheid victims continue to seek answers and redress for the atrocities committed during that era.