The Helen Suzman Foundation (HSF) has been admitted as amicus curiae into litigation concerning the government’s failure to prosecute apartheid-era crimes referred to by the Truth and Reconciliation Commission (TRC).
Image: Leon Muller / Independent Newspapers Archives
The Helen Suzman Foundation (HSF) has been allowed to join the ongoing litigation regarding the government’s failure to prosecute apartheid-era crimes as a friend of the court.
This was after the Gauteng High Court, Pretoria, admitted the foundation as ‘amicus curiae’ in the case that was brought by families of the victims who were killed and disappeared during the apartheid years.
The families filed the court application earlier this year, seeking constitutional damages for political interference and suppression of the cases from the Truth and Reconciliation Commission (TRC).
The families want the government to pay R165 million for constitutional damage and for President Cyril Ramaphosa to establish a commission of inquiry into political interference, which halted the investigations and prosecutions of the perpetrators.
The litigation is also supported by the Foundation for Human Rights as co-applicants.
The TRC was set up in 1996. Its mission was to expose and record apartheid-era crimes and allow some of those responsible to confess their role, including members of the apartheid government’s state security forces who were implicated in many killings.
Some were granted amnesty from prosecution, but thousands were denied it, and others did not come forward.
The commission released the first five volumes of its final report in October 1998, and the remaining two volumes were released in March 2003.
The 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.
HSF, said, as amicus curiae, will make submissions highlighting the right to truth, a right borne not only by the families of the victims, but by the South African public at large.
In its application filed in March, the foundation highlighted it would present its argument and offer information on the matter.
The foundation said it would also highlight the importance of completing the work of the TRC and demonstrate that it is necessary to give effect, ‘inter alia’, to the public’s right to the truth and the realisation of constitutional ideals around reconciliation and the recognition of the injustices of the past.
The foundation said it believes this would be achieved through the investigation and prosecution of those accused of apartheid-era crimes, as well as the establishment of a commission of inquiry into the failure of the government to investigate and prosecute these crimes.
“HSF also emphasises the duty incumbent upon domestic courts to ensure the prosecution of crimes against humanity, including apartheid,” read the statement.
Meanwhile, Ramaphosa, who withdrew opposition to the litigation in February, in April announced he was in the process of establishing a Judicial Commission of Inquiry to establish whether attempts were made to prevent the investigation or prosecution of the crimes referred by TRC to the NPA.
The establishment of the commission is the outcome of settlement discussions in a court application.
While parties have agreed to the establishment of the commission, they were not able to settle on other matters, including the payment of constitutional damages by the government.
manyane.manyane@inl.co.za