Twenty-five families and apartheid era crime survivors are suing President Cyril Ramaphosa and his government for R167 million, seeking constitutional damages for the government's failure to properly investigate and prosecute political crimes after the Truth and Reconciliation Commission (TRC).

This was announced during a media briefing at the Constitutional Hill in Johannesburg.

According to the TRC's 2003 final report, anyone who committed crimes during the apartheid era should be investigated and prosecuted.

The report was delivered to Thabo Mbeki, the president at the time. The government's and the National Prosecuting Authority's (NPA) inability to look into these crimes since 2003 has violated the constitutional rights of survivors and victims' families, who have been left without justice for more than 20 years.

The lawsuit is aimed at holding the government accountable for its alleged failure to investigate and prosecute crimes committed during apartheid.

In a statement, Foundation for Human Rights executive director Zaid Kimmie said the families also wanted an order compelling Ramaphosa 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.

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 Three, the Cosas Four, 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 relatives of the Pebco Three — Qaqawuli Godolozi, Sipho Hashe, and Twasile Champion Galela — who were kidnapped and killed by security officers in 1985 are among the other applicants.

"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” says Lukhanyo Calata, the son of Fort Calata, one of the Cradock Four who were murdered.

Head of the Webber Wentzel Pro Bono Department, Odette Geldenhys said constitutional damages were 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," Geldenhys said.

Kimmie emphasised: "The co-applicants are pursuing this case not only on behalf of their own 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."

kamogelo.moichela@iol.co.za

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