Gauteng High Court ruling paves the way for R167 million reparations case against the government
The Good Party has welcomed the Gauteng High Court ruling, which on Friday, dismissed an application by the South African government to delay the R167 million constitutional damages case brought by families of victims and survivors of apartheid era crimes.
On Friday, the High Court in Pretoria ruled in favour of a group of survivors and families of victims of apartheid-era crimes, who, together with the Foundation for Human Rights (FHR), had brought a case against President Cyril Ramaphosa and the government’s application 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 a written judgment delivered on Friday, 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,” the Judge stated.
In May, President Cyril Ramaphosa announced the establishment of a judicial commission chaired by retired Constitutional Court Justice Sisi Khampepe, which was established to get to the bottom of allegations that justice had been delayed in the TRC matters due to political interference.
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.
According to the GOOD Party, after establishing the commission, Ramaphosa changed his mind about not opposing the families’ litigation and applied to the court to stay the case until the commission completed its work.
Reacting to the judgment, Brett Heron, speaking on behalf of the GOOD Party, welcomed the decision.
“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,” said Herron.
siyabonga.sithole@inl.co.za