Twenty-five survivors and families of victims who disappeared or killed the apartheid-era, together with the Foundation for Human Rights (FHR) have vowed to oppose former President Thabo Mbeki and former Minister of Justice and Constitutional Development, Bridgette Mabandla’s application to intervene in the constitutional damages litigation filed against the President and the government.
The Mbeki and Mabandla application is expected to be heard by the Pretoria High court next week Monday.
The applicants are seeking constitutional damages for the political suppression of apartheid-era cases that were referred to the National Prosecuting Authority (NPA) following the Truth and Reconciliation Commission (TRC).
Speaking on YouFM Newshour, the Executive Director of the Foundation for Human Rights (FHR) Dr. Zaid Kimmie said that they don’t believe that Mbeki and Mabandla have no significant interest in the matter.
“We believe that they have other alternatives to vindicate their rights, they can participate in the Commission of Inquiry which has already been established.
It is a proper forum if they have information about the political interference and who may or may not have been responsible that is an appropriate forum where they can bring that information.
If they believe that they have been defamed or their reputations damaged they also have direct access to courts, and they can take whatever action they deem necessary.
But intervening on an action between the families and the state is not what we believe is appropriate,” said Kimmie.
The foundation has also reiterated that its court action is not asking for any decision that affects both the former president and his ex-cabinet minister.
“We are simply asking the court to recognise that the rights of the victims have been violated, that the Commission of Inquiry be established and that the payment of constitutional damages be made, none of those affects former president Mbeki or ex-minister Mabandla.
They are not asked to pay any damages.
They don’t confess that the Commission of Inquiry is unnecessary, and they don’t confess that the rights of families are being violated, so we fail to see on what basis, they think they have interest in the matter,” explained Kimmie.
The victims’ families and 25 survivors are seeking constitutional damages for the political suppression of apartheid-era cases that were referred to the NPA following the TRC.
“We ask in the main application that the state pay constitutional damages, and to be clear this is an amount of money that will be set aside to assist the families whose rights have been violated to seek truth and justices in their case.
That’s not payment to an individual, it’s not compensation, it’s not reparations, but constitutional damages for any family or persons whose cases were not properly investigated or prosecuted,” remarked Kimmie.
He also justified the R167 million they are seeking on behalf of the families from the state.
“We made very careful calculations based on what we think the costs are, of further investigations, possible inquiries and assistance required during possible criminal trials,” said Kimmie.
The Foundation said that it is eagerly awaiting the commission chaired by the retired Constitutional Judge Sisi Khampepe to begin with the hearings soon.
