STATE ACCUSED OF DELAYING JUSTICE FOR APARTHEID VICTIMS

Thu 07 August 2025: 33

Families say the government’s legal manoeuvres are a betrayal of TRC promises and add to their trauma.

More than 25 families of apartheid-era victims, supported by the Foundation for Human Rights (FHR), are opposing a government application to delay their constitutional damages case. They argue that the state is deliberately obstructing justice for crimes referred for prosecution by the Truth and Reconciliation Commission (TRC), amounting to a profound betrayal that prolongs their suffering.

The core of the dispute lies in the government’s failure to investigate and prosecute apartheid-era cases where amnesty was not granted. Dr Zaid Kimmie, Executive Director of the FHR, stated that the government, through “deliberate action, suppressed any further investigation and prosecution of those cases for about 15 years.” This inaction has meant that for many families, justice is no longer possible as perpetrators and witnesses have since died.

In response to the families’ lawsuit, the government has established a commission of inquiry, to be chaired by retired judge Sisi Khampepe, to investigate the suppression of these cases. However, the state insists this commission should also determine if constitutional damages are appropriate and how much should be paid, a move the FHR is fighting in court.

The families believe the question of whether their rights were violated is a matter for the courts to decide now, not a commission that will only make non-binding recommendations to the President. This attempt to defer the damages claim is seen as another tactic causing a “lengthy delay in the families getting the justice they deserve.”

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A painful process of re-traumatisation

The legal battle represents more than just a quest for compensation; it is a fight for acknowledgement, truth, and accountability. Dr Kimmie described the ongoing struggle as an “additional trauma added to the trauma of losing a loved one.” He explained, “This is something that could have been settled 20 years ago… the government’s actions in delaying, settling this issue… is only further traumatising these families.”

The families are not seeking individual reparations but rather “constitutional damages,” a collective sum to fund further investigations, legal fees, and memorialisation projects to honour those who died fighting for democracy.

The case also raises serious concerns about the rule of law and the potential for a “culture of impunity” to take root in South Africa. Dr Kimmie warned that the state’s failure to honour its agreement to prosecute those who were denied amnesty is a “fundamental betrayal of our commitment to law and justice.”

He stressed the importance of holding officials accountable to prevent future abuses, stating, “it sets the scene for further violations of our rights.” This fight for long-overdue justice is not just for the families, but for the integrity of South Africa’s democracy.