Lukhanyo Calata. Picture: Timothy Bernard / Independent Newspapers
The families of the victims of apartheid say the government robbed them of the justice they deserved.
They alleged that their families were denied their right to justice due to political interference and suppression of the cases by the Truth and Reconciliation Commission (TRC), which was established to investigate political crimes such as murder, kidnapping, and torture during the apartheid regime.
Hundreds of cases were referred to the National Prosecuting Authority (NPA) for further investigation and prosecution.
However, to date, only a handful of cases have been followed up.
The families said it was sad that nothing had been done despite presenting their cases before the TRC.
The families were speaking at a media briefing Thursday at Constitutional Hill, Johannesburg, where they announced a decision to file an application seeking constitutional damages against the government and President Cyril Ramaphosa.
They also seek an order compelling Ramaphosa to establish a commission of inquiry into the political interference that resulted in the suppression of hundreds of crimes arising from the past.
The applicants are the survivors of the Highgate Hotel Massacre, Neville Beling and Karl Weber; as well as the 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.
“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,” said Lukhanyo Calata, the son of Fort Calata.
His father, along with his comrades Matthew Goniwe, Sparrow Mkonto, and Sicelo Mhlaulu were murdered in 1985. Their murder became known as the Cradock Four.
“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” Calata said.
Algeria Kutsaka Nyoka, the sister of the Caiphus Nyoka, who was fatally shot at his family home in Daveyton by a police unit that was established to “deal with terrorism”, said it was disappointing that many cases are in limbo after they referred to the NPA.
Nyoka said this shows that the perpetrators’ rights were important while victims have been pushed from pillar to post.
“We do not even know what is coming and what is going. We feel the government has a moral obligation to give us the truth. It has been long since my brother was killed 38 years ago, and we still don’t know the truth about why he was killed while sleeping. The justice system should provide us with the answers,” she said.
Thidiso Motasi said it was sad to see the families describing the pain inflicted by the government, for denying them justice.
“My parents died 38 years ago and I am still traumatised. I visited my parents’ home last week and it still feels like a crime scene. Sadly, the government has not done anything. Even my children feel the same pain I am feeling,” he said.
Motasi is the son of a policeman Richard who was shot dead with his wife, Busisiwe, by the Security Branch in December 1987. This was after the then Northern Transvaal Security Police compiled a file on his father, which suggested that he was an ANC agent giving sensitive information over to the ANC in Zimbabwe and Johannesburg. Motasi was present in their home in Hammanskraal and survived the attack on his parents.
In their application, the families want the government to pay R165 million for constitutional damages, to advance truth, justice and closure by assisting them to pursue investigations and research, inquests, and private prosecutions.
They also want the money to pursue commemoration, memorialisation, and public education activities around the TRC cases, including the holding of public events, publishing of books, and making of documentaries.
Odette Geldenhuys, head of Webber Wentzel Pro Bono department, representing the families, said: “Constitutional damages are last resort legal remedies for addressing egregious violations of constitutional rights by the state.
“In this case, 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.”
Foundation for Rights’ Dr Zaid Kimmie said the co-applicants are pursuing this case not only on behalf of their 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.
Cape Times
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