A group of 25 families affected by political crimes during apartheid have filed a lawsuit against South African President Cyril Ramaphosa, alleging the government has failed to effectively investigate these historical injustices and provide justice for the victims. The families are seeking approximately 167 million rand (about $9 million) in damages, according to documents submitted to the High Court in Pretoria on Monday and later made public by the Foundation for Human Rights, which is supporting the case.
In addition to the compensation, the plaintiffs are requesting a court order requiring President Ramaphosa to establish a commission of inquiry to address allegations of political interference that have reportedly impeded the investigation of numerous serious crimes from South Africa’s past.
A spokesperson for the presidency indicated that Ramaphosa’s legal team would respond appropriately to the allegations, asserting that the president has never interfered with law enforcement operations or instructed them not to pursue investigation of apartheid-era offenses.
Apartheid, characterized by institutionalized racial segregation, was enforced by a white minority government in South Africa for decades before the nation transitioned to a multiracial democracy in 1994. The African National Congress (ANC) has been in power since, although it recently lost its absolute majority in national elections, leading to the formation of a coalition government.
The lead plaintiff, Lukhanyo Calata, is the son of Fort Calata, one of four anti-apartheid activists known as the “Cradock Four,” who were murdered in 1985. Despite years of inquiries, no one has been held accountable for their deaths, with a third inquest set to begin this year amid the passing of several key figures related to the case. Calata expressed frustration, stating, “Justice delayed in this manner has ensured that justice is permanently denied to our families.”
The group includes survivors of the 1993 Highgate Massacre, where five individuals were killed by masked assailants at a bar, as well as families of other anti-apartheid activists who were either murdered or went missing during that tumultuous period.
In 1996, South Africa established the Truth and Reconciliation Commission (TRC) to investigate human rights abuses from the apartheid era. Although the TRC completed its work in 2002 and forwarded a list of cases for further investigation, many remain dormant, hindering accountability. Odette Geldenhuys, the lawyer representing the plaintiffs, highlighted the challenges of pursuing justice, stating, “The suppression of post-TRC accountability efforts has led to the loss of witnesses, perpetrators, and evidence, making prosecutions impossible in most cases and denying survivors and victims’ families rights to justice, truth, and closure.”
The legal action seeks “constitutional damages,” which are awarded when a court determines that the state has violated constitutional rights.