South African President Cyril Ramaphosa this week announced a judicial inquiry to establish whether previous governments led by his ANC party deliberately blocked investigations and prosecutions of crimes committed during the apartheid era. Families of victims, who sued the government over its inaction, say they’re satisfied but will continue their bid for compensation.
The Truth and Reconciliation Commission (TRC), set up in 1996 by then president Nelson Mandela, uncovered apartheid-era atrocities including murder and torture. But while some suspects were denied amnesty, few were ever held accountable.
In January, a group of survivors and relatives of victims sued Ramaphosa’s government over what they see as a failure to deliver justice.
On Wednesday, the South African presidency issued a statement announcing a judicial commission of inquiry.
“Through this commission, President Ramaphosa is determined that the true facts be established and the matter brought to finality,” it said.
Ramaphosa’s announcement followed the court case launched in January by 25 survivors and relatives of apartheid victims. They are seeking nearly €8 million in damages.
They argue that successive South African governments since the late 1990s failed to properly investigate unresolved killings, disappearances and other crimes during the apartheid era, which ended in 1994.
This new inquiry is part of a settlement agreement in the January court case, Ramaphosa’s office said.
One of the most prominent unresolved cases is known as the Cradock Four – a group of black anti-apartheid activists abducted and murdered by security forces in 1985. The bodies of Fort Calata, Matthew Goniwe, Sicelo Mhlauli and Sparrow Mkontoir were burned. Security officers are suspected of torturing them.
Six former police officers appeared before the TRC in 1999 over their murders, but none were granted amnesty. All six have since died and no one has ever been prosecuted.
“It’s important for us to know who these people were that denied us justice,” said Fort Calata’s son, Lukhanyo Calata, one of the plaintiffs. “We must ensure the country knows. History must be told in its entirety,” he told RFI.
Despite Ramaphosa’s announcement, the plaintiffs are continuing their lawsuit.
“We want decisive action on this point, and that’s why we’re going to continue our court action," said Zaid Kimmie, director of the Foundation for Human Rights (FHR), which is supporting the families.
"The president has indicated that he’ll oppose that, but we will continue and ask the court to make a decision,” he told RFI.
They said that if the court awards compensation for violation of their constitutional rights, the funds will go towards future trials and commemorative events.
Critics have alleged for decades that ANC leaders made a secret deal with the former white-minority government to avoid prosecutions.
“The TRC cases were deliberately suppressed following a plan or arrangement hatched at the highest levels of government,” Calata alleged in court papers.
The ANC has always denied the allegations.
However, in its statement the presidency acknowledged that “allegations of improper influence in delaying or hindering the investigation and prosecution of apartheid-era crimes have persisted from previous administrations”.
A timetable for the inquiry has yet to be announced.