Victims of apartheid-era violations urge Mbeki and ex-minister to await TRC commission
Former president Thabo Mbeki and ex-Justice minister Brigitte Mabandla want to intervene in the case brought by survivors and families of victims of apartheid-era atrocities, who are demanding answers on why cases referred to the NPA and the police by the Truth and Reconciliation Commission were never pursued.
Image: DIRCO
Former president Thabo Mbeki and former Justice minister Brigitte Mabandla must wait for the commission of inquiry into the failure to prosecute cases referred by the Truth and Reconciliation Commission (TRC) to set the record straight.
This is the response by the families of victims and survivors of apartheid-era crimes to Mbeki and Mabandla's application to intervene in the Gauteng High Court, Pretoria, is an application challenging the government's conduct in unlawfully refraining and/or obstructing the investigation and/or prosecution of apartheid-era cases referred by the TRC to the National Prosecuting Authority (NPA).
Additionally, the families and survivors of apartheid-era gross human rights violations also want the high court to declare that the conduct amounting to unlawfully abandoning or undermining these cases violated their rights to equality, dignity, and the right to life and bodily integrity as enshrined in the Constitution.
In the application, the families and survivors have asked the high court to declare the state's failure to prosecute the cases inconsistent with the country's constitutional values and the rule of law as enshrined in the Constitution.
According to the families and survivors, unlawfully refraining and/or obstructing the investigation and/or prosecution of apartheid-era cases referred by the TRC is inconsistent with South Africa's international law obligations and the principles, values and obligations arising from the Promotion of National Unity and Reconciliation Act, read with the postscript to the 1993 interim Constitution.
They also complain that the government's conduct was in breach of the duties and obligations contained in the Constitution, the NPA Act, and the SA Police Service Act to investigate and prosecute serious crime, and not to interfere with the legal duties of prosecutors and law enforcement officers.
In response to Mbeki and Mabandla's application to intervene, Lukhanyo Calata, the son of the late Fort Calata who, along with Matthew Goniwe, Sicelo Mhlauli, and Sparrow Mkonto, became known posthumously as the Cradock Four, the former president and erstwhile minister have no direct and substantial interest in the main application, given that no relief is sought against them in their personal capacities.
'The relief they seek is against the current President (Cyril Ramaphosa) and the Minister of Justice (Mmamoloko Kubayi), both of whom have been cited as respondents in the main application,' Calata stated.
The Cradock Four were abducted, tortured, murdered, and their bodies burned by the Security Branch of the apartheid-era SA Police on June 27, 1985.
Calata said if Mbeki and Mabandla wish to set the record straight, the commission of inquiry established by Ramaphosa is the appropriate forum.
'It is that body which will have the power to investigate allegations and make findings. The president has already undertaken to establish the aforesaid commission by the end of May,' he explained.
Mbeki and Mabandla had expressed their unhappiness with serious allegations of unconstitutional, unlawful, and criminal conduct against them, which they believe are highly defamatory and damaging to their dignity and reputations, and indicated that their character is beyond all price.
Calata stated that this was not the first time that Mbeki attempted to intervene in proceedings in which he felt aspersions had been cast upon his character and that in an earlier matter also dealing with claims of political interference, the Supreme Court of Appeal dismissed his application on the grounds that negative findings or disparagement do not constitute a direct or substantial interest to intervene.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
IOL News
5 hours ago
- IOL News
Evaluating the future of South Africa's constitutional democracy: Challenges and solutions
Cosatu President Zingiswa Losi Image: Independent Newspapers 2025 sees South Africa commemorate numerous milestones in the struggle to end apartheid, including Cosatu's 40th anniversary and the 70th anniversaries of our predecessor, the South African Congress of Trade Unions and the Freedom Charter. It is important that we celebrate these struggles and honour those who made our constitutional democracy possible. While we are proud of these milestones and how far we have come under government led by the ANC over the past 31 years of democracy, we must equally be honest over how far we still have to go, where we have erred and what needs to be done. The first call of the Freedom Charter presciently demanded that The People Shall Govern! Today South Africa is a robust democracy whose Constitution and the progressive values underpinning it are globally respected. Ours is a nation guided by the Constitution, with free and fair elections and where the state is held accountable by society and the courts. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ We must be concerned by declining levels of voter turnout, fueled by despondency amongst society and by public representatives who exploit the privilege to lead as an opportunity to loot. Legislation is subject to public participation, including at Nedlac where Labour and Business hold extensive engagements helping enrich Bills before they are tabled at Parliament for further public participation. While there are legitimate complaints about the extent to which government and Parliament listen to society's views, Cosatu can point to many instances where the workers' proposals carried through, from the Two Pot Pension Reforms releasing R44 billion helping 2.4 million highly indebted workers, to overhauling of the Public Investment Corporation Act to tackle corruption and ensure it invests its funds in ways that protect pension fund members, grow the economy and create jobs. The core of the liberation struggle was to defeat the apartheid regime and institutional discrimination and hence the call that all national groups shall have equal rights and all shall enjoy equal human rights. Today these laws have been repealed and hate speech and unfair discrimination criminalised. Yet we have seen a flurry of hate speech on social media, which must no longer be tolerated. The Constitution declares all shall be equal before the law but all too often workers cannot exercise their rights due to long court delays and expensive legal fees. The other core calling of the Freedom Charter for the people shall share In the country's wealth has seen the growth of a Black middle class, the removal of apartheid barriers and state investments in the social wage. But much more must be done to support emerging SMMEs and Employee Shareholder Ownership Programmes plus investing in rural communities and townships. Our status as the world's most unequal society and staggering rates of unemployment must be a wake-up call. The Freedom Charter calls for The Land Shall Be Shared Among Those Who Work It! Despite significant interventions since 1994, land ownership remains overwhelmingly guided by the colour of one's skin and generational wealth. This is a ticking time bomb requiring decisive action, in particular releasing public and abandoned land for housing, economic and agricultural opportunities plus prioritising farm workers, labour tenants, informal and rural residents with the necessary support to become successful farmers and entrepreneurs. The Freedom Charter boldly demanded that there shall be work and security. Cosatu as leader of the trade union movement is often challenged on what workers have achieved since the democratic breakthrough. Under our progressive Constitution and labour laws workers have the right to unionise and collective bargaining, to be protected from unfair discrimination, to equal pay for equal work, to work in a safe environment, and to receive financial support when on maternity or parental leave, when retrenched or dismissed, or injured or in the event of death at work. Child labour has been criminalised. The National Minimum Wage Act has raised 6 million farm, domestic, construction, hospitality, security, transport and other vulnerable workers' wages. Yet many workers struggle to exercise their labour rights, especially with a 43.1% unemployment rate. The government's plans to drastically increase the number of labour inspectors will be an important step towards ensuring the rights of all workers are respected. Key to an inclusive economy is ensuring the doors of learning and culture shall be opened. Strides have been made with no fee schools and free meals helping ensure millions of poor children are in class, nearly R50 billion spent annually enabling millions to access tertiary education, hiring teaching assistants boosting classroom learning and the pending enrollment of 700 000 learners in Grade R as a compulsory part of schooling. But we must act to tackle the rising teacher learner ratios, gang violence affecting township schools, the 10% TVET graduation rate and the shortage of skills in a struggling economy. The Freedom Charter compels government to ensure there shall be houses, security and comfort. Today 61% of the Budget is spent on the social wage supporting millions to access housing, healthcare, transport and social security. Parliament recently passed the National Health Insurance Act providing a path towards universal healthcare. Many achievements have been won since 1994, but many of these are under severe threat due to corruption, criminality, budget cuts and a struggling economy. A decisive shift is needed to capacitate the state to fulfill its developmental mandate and tackle entrenched levels of poverty and inequality. South Africa has moved from being a threat to the region to an active participant in bringing peace to Africa. Our ability to continue to honour the call for There Shall Be Peace And Friendship! requires an SANDF and SAPS that are provided with the resources needed to fulfill their mandates, be it in Manenberg, Phillipi, Congo or Darfur. Cosatu is proud of our strides towards realising the vision of the Freedom Charter. We are equally pained by our own goals. We remain determined to continue working towards ensuring that all South Africans, in particular the working class, enjoy that society envisaged in Kliptown in 1955. Cosatu President Zingiswa Losi *** The views expressed here do not necessarily represent those of Independent Media or IOL. BUSINESS REPORT
eNCA
9 hours ago
- eNCA
ATM calls for Constitution amendment
JOHANNESBURG - The ATM and other political parties are calling for radical changes to certain clauses of the Constitution. The party has made submissions to the Constitutional Review Committee to amend the preamble, 'South Africa belongs to all who live in it'. WATCH: The Peoples Court | Who does the Constitution belong to? | 10 June 2025 Them, along with others want to charge it to "South African belongs to its citizens and those legally residing in the country". The ATM also want South Africa be renamed the Republic of Azania.
IOL News
16 hours ago
- IOL News
Homeowners rise: Class action against SA banks echoes Erin Brockovich's fight for justice
Advocate Douglas Shaw is spearheading the class action lawsuit against banks. Image: Supplied In what reads like a modern-day David vs. Goliath, more than 100 000 former homeowners are taking on South Africa's 'Big Four' – Absa, Standard Bank, Nedbank and FirstRand – in a R60 billion class-action lawsuit set for February 2026. The reputations of these banks are on the line. For institutions that constantly tout putting the customer first, this legal showdown threatens to take a wrecking ball to that image - one they may struggle to recover from. It's a major headache, and it could very well be a turning point in how banks are held to account in South Africa. This class action is not just about money. It's about power, dignity, and justice. It's a wake-up call to all of us that even the most powerful institutions are fallible - and can be challenged. The applicants in this case have stepped forward, and it's heartbreaking to consider what they've endured. These are people who fell on hard times, couldn't meet their mortgage payments, and had their homes repossessed. But the real scandal lies in what happened next: the homes were sold at auctions, sometimes for as little as R1 000 - often with no reserve price, no regard for actual market value, and no concern for the human cost. This was allowed under pre-2017 rules, when South African courts didn't require a minimum sale price. Thankfully, that loophole has since been closed. But for those who suffered under the old regime, the scars remain. As a homeowner myself, I can't begin to imagine what they went through. How powerless they must have felt going up against the might of the banking system. Blood, sweat, and tears went into trying to keep their homes. In the end, they lost not just property, but dignity. Now, after seven long years, these former homeowners are finally getting their day in court. It's worth remembering that justice in South Africa is not always accessible. Our courts are under-resourced, backlogged, and too expensive for the average person. But in this case, the Lungelo Lethu Human Rights Foundation has taken up the fight, led by Advocate Douglas Shaw. Shaw says banks should have thought about the Constitution before acting - and he's pushing for a criminal investigation into each sale. 'When I go to court, I go up against 27 people,' he told Stephen Grootes on The Money Show. 'Me versus large numbers of people from the top banks in the country. It's a scary thing to do. Most lawyers would say no. It's difficult.' Interestingly, Shaw's research shows that having your house sold for much less than the market value has only happened in South Africa. He is appealing to people to step forward, tell him your story and to get get your case out there. "You can help us help you by filling your case into our class action, which will in turn make you viable for reinbursement of the money you have lost," he says on his website. This isn't just a legal case—it's a moral one. And it's one the country will be watching closely. It brings to mind the story of Erin Brockovich, the woman played by Julia Roberts in the film, who took on a massive corporation in a fight for justice. Brockovich was an ordinary person who refused to be silent, and her courage changed lives. In the film Brockovich, a legal clerk named Erin Brockovich uncovers a massive cover-up by Pacific Gas & Electric (PG&E) involving the contamination of Hinkley, California's water supply with hexavalent chromium. The contamination, linked to a PG&E compressor station, caused serious illnesses among residents. Brockovich, along with her boss Ed Masry, spearheaded a class-action lawsuit against PG&E, culminating in a record-breaking $333 million (R5.9 billion) settlement for the affected residents. The case highlighted the dangers of industrial pollution and brought Brockovich to national attention, later inspiring the 2000 film. That same spirit is alive here. South Africa's former homeowners may not wear suits or command boardrooms, but they are standing up, together, against a system that failed them. If Erin Brockovich marked a moment of reckoning in the US, this could be ours. A moment when ordinary citizens remind powerful institutions that they are not untouchable. And if the banks are found guilty? The implications are massive. Will they absorb the cost or pass it on to consumers? Will trust in the financial system crack even further? It's unlikely the banks will lose their licences—such a move could shake the entire economy—but their reputations may never fully recover. One thing is certain: South Africa's financial sector will not be the same again. Philippa Larkin, is the executive edior of Business Report. Image: Supplied Philippa Larkin in the executive editor of Business Report. If you need help against the banks from Dr Advocate Shaw and his team: contact Dr Advocate Shaw· If your house has already been sold at:banksoldmyhouse@ If your house is about to be sold at:now@ If you want to help the cause at:volunteers@ BUSINESS REPORT
