Twenty-five families and survivors of anti-apartheid activists have hauled President Cyril Ramaphosa and his administration to court, seeking constitutional damages for the government’s “gross failure” to adequately investigate and prosecute apartheid-era political crimes following the Truth and Reconciliation Commission (TRC) process.
The families that include of former Justice Minister Thembi Simelane and Potchefstroom struggle activist Nicholas ‘Boiki’ Tlhapi briefed the media about their court application in Pretoria.
The applicants are the survivors of the Highgate Hotel Massacre, Neville Beling and Karl Weber, family members of the Cradock Four, Richard and Irene Motasi, Caiphus Nyoka, the PEBCO 3, the COSAS 4, Nokuthula Simelane, Rick Turner, Musawakhe ‘Sbho’ Phewa, Hoosen Haffejee, Mxolisi ‘Dicky’ Jacobs, Imam Abdullah Haron, Deon Harris, Matthews ‘Mojo’ Mabelane, Ntombikayise Priscilla Kubheka, Ignatius ‘Iggy’ Mthebule and Nicholas Ramatua ‘Boiki’ Tlhapi.
The first applicant, Lukhanyo Calata, the son of Fort Calata whose father and his comrades Matthew Goniwe, Sparrow Mkonto and Sicelo Mhlauli, were murdered in 1985 told YouFM News Hour that their prayers to the court are clear and convincing.“We are asking the Pretoria High court to order the President to establish an independent and public commission of inquiry into the political interference that resulted in the suppression of several hundred serious crimes arising from South Africa’s past, and R167m constitutional damages against the State.We want the truth my brother.Who in the ANC firstly made agreements with former apartheid leaders that they won’t be prosecuted.Secondly who in the ANC and the government politically interfered went to Vusi Pikoli or to Anton Ackerman (former heads of South Africa’s National Prosecuting Authority) and said no you cannot prosecute this matter, we want those names,” said Calata.
In addition, Calata said their mothers are dying without knowing what really happened to their fathers.“Our families were denied our constitutional right to justice when successive governments, starting with the one led by former President Thabo Mbeki, failed to implement the recommendations of the TRC’s Amnesty Committee. One recommendation was to prosecute unresolved apartheid-era cases of forced disappearances, deaths in detention and murders of anti-apartheid activists” explained Calata.
Moreover, Calata emphasised that they want the release of the names of all ANC and government officials who interfered with the law to deny their families justice.
“Instead, in the more than 20 years following the handover of the TRC report to Mbeki, government ministers have intervened to prevent the NPA from carrying out its constitutional mandate to investigate and prosecute the perpetrators of these crimes. Justice delayed in this manner has ensured that justice is permanently denied to our families,” highlighted Calata.He accused the ANC of betraying their families and its comrades who fought for the liberation of the country.
