Cyril dealt a blow in attempts to delay justice for apartheid-era crimes

THE families of victims and survivors of apartheid era crimes secured a major victory in their quest for justice when the Pretoria High Court dismissed President Cyril Ramaphosa and his government’s application to delay the R167 million constitutional damages case.

The group of survivors and families of victims of apartheid-era crimes together with the Foundation for Human Rights (FHR), had brought a case against Ramaphosa and the government’s bid to indefinitely postpone or stay the R167 million constitutional damages claim case.

The case was launched by the group in January this year, with the victory coming more than 20 years after the TRC recommended that hundreds of apartheid era atrocities required further investigations and prosecutions.

In her judgement, Judge Nicolene Janse Van Nieuwenhuizen said it was understandable that family members, some of whom are elderly, were eager to find closure and put the matter to rest.

"It is rather ironic that the Government, which 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 said.

In May, Ramaphosa had announced a judicial commission of inquiry to be chaired by retired Constitutional Court Justice Sisi Khampepe. It was established to get to the bottom of allegations that justice had been delayed in the TRC matters due to political interference.

The families and survivors had rejected Ramaphosa’s proposal that the inquiry into alleged improper influence in delaying or hindering the investigation and prosecution of these crimes also address the declaration of their rights and their constitutional damages claims, saying a commission of inquiry lacked the legal authority to determine rights or grant remedies.

The Truth and Reconciliation Commission (TRC) Cases Inquiry, chaired by Sisi Khampepe, recently announced that it has concluded its consultations with family and legal representatives and other parties who are central to its work.

In a statement, the FHR said the court outcome will allow the main application to proceed to be heard on its merits.

“The survivors and families of victims of apartheid-era crimes together with the Foundation for Human Rights (FHR), welcome the judgment by the High Court in Pretoria per Janse Van Nieuwenhuizen J, dismissing the government’s application to stay proceedings in the constitutional damages case. The court dismissed the application to postpone or stay the main constitutional damages application, pending the outcome of a judicial commission of inquiry promulgated on 29 May 2025. The applicants opposed this, arguing that it would cause a further unjustifiable delay and deny them their constitutional right to have their claims heard by a court.

“In January 2025, 25 families and survivors, together with the FHR, launched a constitutional damages claim against the President and the Government for the political suppression of investigations and prosecutions of apartheid-era political crimes referred by the Truth and Reconciliation Commission (TRC). Many perpetrators and witnesses have since died, closing off the possibility to secure truth, justice and closure. The government sought to postpone the case pending the outcome of a commission of inquiry into delays in TRC prosecutions.”

Reacting to the judgment, Brett Heron, speaking on behalf of the GOOD Party, said: "Getting to the truth of the cause of delays is critically important to restoring the integrity of South Africa’s criminal justice system. Political interference has contributed significantly to the culture of impunity with which the country is so badly afflicted today."

Cape Times