Helen Suzman Foundation Pushes for Resolution in Apartheid-Era Crimes Case

The Helen Suzman Foundation (HSF) has officially requested permission to intervene in the ongoing case at the Gauteng High Court in Pretoria. The litigation, which addresses the government’s failure to prosecute apartheid-era crimes, is being brought forward by the families of victims who suffered during the apartheid years.

The foundation has applied to be admitted as an ‘amicus curiae’ (friend of the court) in this case. This legal status would allow the HSF to submit both written and oral arguments to the court. The foundation is being represented by Norton Rose Fulbright attorneys and aims to contribute to the completion of the unfinished business left by the Truth and Reconciliation Commission (TRC).

In its application, the HSF emphasized the importance of concluding the TRC’s work, particularly highlighting the public’s right to truth, the pursuit of justice, and the realization of South Africa’s constitutional ideals of reconciliation. The foundation believes that this can only be achieved through the investigation and prosecution of those responsible for apartheid-era crimes, along with the establishment of a commission to look into why the government has failed to act.

The TRC, created in 1996, investigated numerous human rights violations committed during the apartheid regime, including murder, torture, and kidnapping. The TRC’s final report was published in stages, with cases referred to the National Prosecuting Authority (NPA) for further investigation. However, very few of these cases have resulted in prosecutions.

In 2019, the Johannesburg High Court found that political interference in the NPA had stalled the prosecution of apartheid-era crimes. In response, President Cyril Ramaphosa was instructed to establish a commission of inquiry into this interference.

Currently, the families of the victims are demanding over R165 million in constitutional damages. They also want Ramaphosa to set up a commission to investigate the political influence that hindered these cases. However, both Ramaphosa and Police Minister Senzo Mchunu withdrew their opposition to the application in February to explore a potential settlement.

HSF Executive Director Naseema Fakir stated that the foundation’s involvement would bring a fresh perspective to the case, offering crucial information that could help the court. Fakir stressed that the true extent of apartheid crimes remains hidden, as many perpetrators failed to fully disclose the truth during the TRC process or never sought amnesty.

The HSF’s affidavit argues that the suppression of information and delays in prosecuting these crimes violate the victims’ right to the truth, the right to an effective remedy, and the right to reparations. The foundation also plans to argue that this failure fosters a culture of impunity that goes against the values enshrined in South Africa’s Constitution.

Moreover, the HSF intends to highlight that South Africa’s international legal obligations to uphold the right to truth further support the duty of the state to prosecute human rights violations. The foundation contends that failing to prosecute perpetrators after credible evidence has been presented amounts to a violation of the victims’ rights to truth and justice.

Fakir concluded that the prosecution of apartheid-era crimes is a continuation of the TRC’s work, not a separate process, and must be seen as part of the ongoing quest for justice and reconciliation in South Africa.

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