The Gauteng High Court in Pretoria has heard that the families and survivors of apartheid-era gross human rights violations cannot be expected to put their case on hold pending the outcome of the Commission of Inquiry tasked with probing whether there was any political interference in the prosecution of TRC cases.

This comes after President Cyril Ramaphosa turned to the court seeking a stay of the matter pending the outcome of the Commission of Inquiry. This is opposed by the families and survivors, who charge that they want to pursue this matter while they are still alive.

Advocate Matthew Chaskalson, who represents the families and survivors, has argued that his clients cannot be expected to put their case on hold, pending the outcome of the Commission of Inquiry.

Apartheid victims’ case against Ramaphosa: Canny Maphanga updates

In May this year, President Ramaphosa established a Commission of Inquiry to determine if any attempts were made to prevent the investigation and prosecution of apartheid-era crimes.

The families and survivors of apartheid-era crimes have accused the government of political interference, obstructing investigations, and the prosecution of TRC cases.

Chaskalson says the establishment of the Commission of Inquiry will further delay any justice for his clients, “The passage of time between the establishment of a commission and any ultimate action to address the applicant’s needs is likely to be lengthy and filled with many uncertainties.

“The passage of time between the establishment of a commission and any ultimate action to address the applicant’s needs is likely to be lengthy and one filled with many uncertainties, and the applicants can’t be expected to put their case on hold in the hope that the commission will finalise its proceedings speedily. All of these uncertainties will be resolved. They will obtain there what is due to them as a result of the state’s fundamental betrayal of its constitutional obligation to prosecute the perpetrators of apartheid murders. and all of this will happen while they are still alive.”

President Ramaphosa and the government, however, are seeking a stay of the matter pending the outcome of a Commission of Inquiry, which is set to probe this subject matter and bring the facts to light.

Adv. Tim Bruinders SC, on behalf of President Ramaphosa and the government, says, “There’s a convenient way out of this. And the way out of this is to have the commission take evidence and make its findings, and all the problems that are highlighted in the papers, which is, well, that’s down the road. It’s another inquiry. We say, yes, all of those are true, but the point is you will then have facts placed, facts will come to light.”

A call which was supported by the National Prosecuting Authority (NPA), which filed a confirmatory affidavit in the matter to the same effect.

NPA’s national spokesperson Adv Mthunzi Mhaga says, “Of course, the delay is incredible, but we take the view that you can’t have a situation where the commission of inquiry will be ventilating the same allegations that have been made in respect of this pre-navigation, in respect of which orders are sought based on the same allegations. So, we take the view that the interests of justice demand, respectfully, that the commission of inquiry seats ventilate the issue, adjudicate over the issues, make pronouncements or findings or conclusions or recommendations to the President in respect of which then, if they are not satisfied, they are free to approach any court.”

Judgment was reserved.

Families, survivors of apartheid-era crimes take President Ramaphosa and the government to court