Twenty-five families challenge Ramaphosa on apartheid justice
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Illustrative image | Sources: Fort Calata, Matthew Goniwe, Sparrow Mkonto and Sicelo Mhlauli, known as the Cradock Four. (Photo: Karin Brulliard / The Washington Post via Getty Images) | President Cyril Ramaphosa. (Photo: Flickr/ GCIS) | Lukhanyo Calata. (Photo: Supplied)
A group of 25 families of victims and survivors of political crimes during South Africa’s apartheid era has filed a lawsuit against President Cyril Ramaphosa, accusing his administration of failing to adequately investigate these offenses and deliver justice. The families are seeking around 167 million rand (approximately $9 million) in damages, as outlined in a case submitted to the High Court in Pretoria on Monday. The case was subsequently publicized by the Foundation for Human Rights, a non-governmental organization that supports the families’ efforts.
In addition to the financial compensation, the families are asking the court to issue an order compelling Ramaphosa to establish a commission of inquiry into the political interference that, they claim, suppressed numerous serious crimes rooted in South Africa’s apartheid history. According to a statement from the applicants, this inquiry would explore how political forces have historically obstructed the pursuit of justice in these cases.
A representative for President Ramaphosa responded, stating that the president’s legal team would address the court documents appropriately. The representative emphasized that Ramaphosa has never interfered with law enforcement operations or directed authorities not to prosecute apartheid-era crimes.
South Africa was governed by a white minority regime from 1948 until 1994, during which time systemic racial segregation was enforced. This period, known as apartheid, was marked by extreme racial discrimination, violence, and human rights violations against the country’s Black population. In 1994, South Africa transitioned to a multiracial democracy, with the African National Congress (ANC) assuming power. However, in the 2019 national election, the ANC lost its majority and had to share authority with smaller parties.
One of the lead applicants in this case is Lukhanyo Calata, whose father, Fort Calata, was one of the “Cradock Four.” This group of four anti-apartheid activists was murdered in 1985 by apartheid-era security forces. Despite numerous investigations over the years, no one has been held accountable for their deaths. A third inquest into their killings is set to begin this year, though many key individuals connected to the crimes have since died.
Lukhanyo Calata expressed the frustration felt by many in the victims’ families, stating, “The prolonged delay in achieving justice has effectively ensured that our families are denied justice forever.” For Calata, the fight for justice for his father and the other members of the Cradock Four remains an ongoing battle, with no resolution in sight after decades of legal processes.
Other applicants in the case include two survivors of the 1993 Highgate Massacre, a notorious attack in which masked assailants killed five patrons at a hotel bar. Additionally, the case represents the relatives of other anti-apartheid activists who were either murdered or disappeared under mysterious circumstances during the apartheid era.
These families have long struggled to receive justice for the atrocities committed against their loved ones during the apartheid period. Despite efforts by the South African government to address these crimes, including the work of the Truth and Reconciliation Commission (TRC), many families argue that the necessary legal steps have not been taken to fully hold perpetrators accountable.
The Truth and Reconciliation Commission, which was established after the end of apartheid to address human rights violations, was widely hailed as an essential part of South Africa’s post-apartheid healing process. However, many argue that the TRC’s focus on truth-telling and amnesty for those who confessed their crimes has not resulted in enough accountability or justice for the victims. Critics assert that the commission’s limited scope and reliance on voluntary confessions allowed numerous perpetrators of atrocities to evade punishment, leaving families like those of the Cradock Four without closure.
The lawsuit also highlights broader concerns about the ongoing impact of apartheid-era crimes on South Africa’s democratic society. Although significant progress has been made in terms of political transition and racial reconciliation, these unresolved historical grievances continue to affect the country’s social fabric. The families argue that failure to adequately address the crimes of the past undermines South Africa’s commitment to justice, equality, and human rights.
The legal action taken by the 25 families marks a pivotal moment in South Africa’s ongoing efforts to reckon with its apartheid history. If successful, the case could not only provide some form of justice for the victims and their families but also set a precedent for holding accountable those who were complicit in the systemic violence of the apartheid era. The outcome of this lawsuit will likely have significant implications for the future of transitional justice in South Africa and could prompt further calls for accountability in addressing past atrocities.
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