Families of apartheid-era victims secure victory against Ramaphosa in TRC damages case

A group of survivors and families of victims of apartheid-era crimes, together with the Foundation for Human Rights (FHR), have recorded another victory in their bid for justice and damages.

The High Court in Pretoria ruled in their favour on Friday, dismissing President Cyril Ramaphosa and the government’s application to indefinitely postpone or stay the R167 million constitutional damages claim case the group launched in January.

The government side had pleaded for the damages process to be stayed pending a judicial commission of inquiry into alleged political suppression of prosecutions of apartheid-era cases identified by the Truth and Reconciliation Commission (TRC).

The FHR sent out a statement on Friday stating that the organisation and the group of survivors and victims’ families welcomed the judgment.

Ramaphosa and the government not only lost the application but were also ordered to pay the applicants’ costs, including the costs of two counsel.

In a “firm” ruling delivered on Friday, Judge Nicolene Janse Van Nieuwenhuizen scolded Ramaphosa and the government and expressed sympathy for the families and survivors – some of whom are elderly – who have been made to wait for years for justice or some closure.

Ironic

“It is rather ironic that the Government, who is the sole cause for the delay, wants this court to sanction yet a further indefinite delay without being able to point to any tangible benefit that will be achieved by the delay,” she stated.

The GOOD Party also welcomed the judgment saying in a statement that getting to the truth of the cause of the TRC cases delays is “critically important to restoring the integrity of South Africa’s criminal justice system”.

The party decried the fact that political interference has contributed significantly to the “culture of impunity with which the country is so badly afflicted today”.

However, despite this hurdle having been overcome, it will likely take some time before the actual damages claim hearings start. On the other hand, the commission chaired by retired Constitutional Court Justice Sisi Khampepe to get to the bottom of allegations of political interference in the TRC cases is also yet to begin in earnest. Oral hearings are expected in the next couple of weeks.

This week’s victory by the victims’ families and survivors follows another similar, smaller but significant one about a month ago against former president Thabo Mbeki and former justice minister Brigitte Mabandla who wanted to protect their names during the commission’s proceedings.

The “sticking point” in these related processes, as explained by FHR executive director Zaid Kimmie, was that the government wanted to “lump all of our other questions into this commission”, in particular the question of damages. Kimmie explained earlier before this week’s ruling that if they were to be made to wait until the conclusion of the commission to have their damages claim dealt with, it would possibly mean a delay of a couple of years.

The judge said in the judgment that the court found that the applicants have been denied their right to closure and justice for more than 20 years. She remarked that it was ironic that the government sought to delay the process when it was the “sole cause” for the delays in justice and closure over the years.