President Cyril Ramaphosa has lost a legal bid to halt a R168m constitutional damages case brought by families of freedom fighters who were murdered during the apartheid era.
The families of the freedom fighters want the government to pay them R168m in damages for delays in prosecuting apartheid-era assassinations. They accused the state, police and National Prosecuting Authority of obstructing the investigation and prosecution of murder cases referred to them by the Truth and Reconciliation Commission (TRC).
In January, 25 families and survivors, led by the Foundation for Human Rights (FHR), launched the damages claim against the president and the government for alleged political suppression of investigations and prosecutions of apartheid crimes referred by the TRC. They argued many witnesses and perpetrators have since died, closing off the possibility to secure truth, justice and closure.
After the families went to court claiming the compensation, Ramaphosa established the Khampepe Commission to investigate whether attempts were made to prevent the investigation and prosecution of apartheid-era crimes.
He went to court to halt the victims’ application pending the outcome of the commission, chaired by retired Constitutional Court justice Sisi Khampepe and assisted by retired judge Frans Diale Kgomo and advocate Andrea Gabriel.
Judge Nicoline Janse van Nieuwenhuizen in the high court in Pretoria on Friday dismissed the president’s urgent application to halt the damages application. This means the case will go ahead despite the commission probe.
The judge found a halt in the legal proceedings was not in the interest of justice. “I am of the view that the interests of justice will not be served by the granting of a stay of proceedings, and the application stands to be dismissed,” she said.
She also criticised the state for asking for the legal proceeding to be stayed.
“The applicants have been denied this right for more than 20 years. It is rather ironic that the government, which is the sole cause of 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 it,” Janse van Nieuwenhuizen said.
Advocate Matthew Chaskalson, representing the families and the Foundation for Human Rights, had argued the government had no legal ground to ask the court for a delay because it had 25 years to establish the facts of the allegations but failed to do so.
“The applicants are seeking justice for crimes that were committed 30-35 years ago. The perpetrators of these crimes have either already died or are dying at a rapid rate,” Chaskalson said.
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