The families and survivors of apartheid-era gross human rights violations, together with the Foundation for Human Rights, say they strongly oppose the government’s Wednesday application at the High Court in Pretoria to delay the constitutional damages case they have brought.

The state will request either a postponement or a stay of the main application pending the outcome of the judicial commission of inquiry.

The case filed by 25 families and survivors of apartheid-era crimes on 20 January 2025, seeks to have the government’s conduct in obstructing the investigation and/or prosecution of apartheid-era cases referred by the Truth and Reconciliation Commission (TRC) to the National Prosecuting Authority declared unlawful and in violation of the applicants’ human rights.

[WATCH] Former TRC Commissioner, Senior Counsel Advocate Dumisa Ntsebeza, has called for the Commission of Inquiry into the delay in prosecuting apartheid-era crimes to focus exclusively on determining whether political interference obstructed the work of the NPA. pic.twitter.com/l3dCBkPaRR

— SABC News (@SABCNews) May 1, 2025

‘Inquiry lacks authority’

They argue that the commission of inquiry set up by the President in May lacks the authority to adjudicate rights violations and may only make recommendations to the President, who is both a respondent in the court proceedings and a key figure in the commission itself, making him effectively both a player and a referee in the matter.

[WATCH] Struggle stalwart and ANC Integrity Commission chairperson, Reverend Frank Chikane, says he didn’t expect that the Truth and Reconciliation Commission cases would go through a Judicial Commission of Inquiry. He believes that the TRC cases should go straight to court for… pic.twitter.com/kpr5c6GaMN

— SABC News (@SABCNews) May 2, 2025