Lukhanyo Calata accused the post-apartheid state of betraying the constitutional rights of victims and survivors of the atrocities by suppressing cases referred to the NPA by the TRC. (File photo)
President Cyril Ramaphosa has withdrawn his notice to oppose a landmark lawsuit filed by relatives of the Cradock Four and other murdered anti-apartheid activists over the state’s failure to bring the perpetrators to justice.
The president’s counsel filed a notice of withdrawal on Tuesday, eight days after initially indicating that he would oppose the application for redress and constitutional damages led by Lukhanyo Calata, the son of Fort Calata.
“The presidency is seeking to resolve the matter through a mediation process with the survivors and the families,” said Ramaphosa’s spokesperson, Vincent Magwenya.
“The filing of the notice to oppose was done without instruction, hence the withdrawal.”
In papers filed in the Pretoria high court last month, the group of 23 applicants asked the court to compel Ramaphosa to establish a commission of inquiry into the state’s failure to prosecute those responsible for the death of apartheid activists, despite available evidence.
The application comes after years of struggle by the families and survivors of human rights abuses during apartheid to force the National Prosecuting Authority (NPA) and the South African Police Service to investigate and bring prosecutions of perpetrators named by the Truth and Reconciliation Commission (TRC).
Calata, in a searing founding affidavit, accused the post-apartheid state of betraying the constitutional rights of victims and survivors of the atrocities by suppressing cases referred to the NPA by the TRC.
“We had to endure the murder and disappearances of our family members during apartheid. The post-apartheid era of political interference and denial of justice stand as a deep betrayal of their ultimate sacrifices.”
The litigants argued that Ramaphosa had, in ignoring their pleas to establish an inquiry, acted inconsistently with his constitutional responsibilities. They have demanded damages for R167 million, to be placed into an independent trust to advance truth, justice and closure for the families.
Calata accused successive post-apartheid governments of having treated the families of the victims of the regime with contempt, and said evidence showed that decisions were taken “at the highest political levels” to block the investigation and prosecution of cases referred to the NPA by the TRC.
“The brutal murder of our family members and the pain that we endure have defined us and our life choices. We have spent decades searching for the truth and struggling to do justice to the lives of our loved ones, which were so brutally cut short,” he wrote.
“We are at our wits’ end as to why successive post-apartheid governments turned their backs, not only on us, but on our loved ones and so many others who paid the ultimate price for our freedom and democracy.”
The applicants asked the court to determine “whether, why and to what extent and by whom efforts or attempts were made to influence or pressure members” of the police and prosecuting services to halt the investigations.
The Cradock Four were abducted and murdered in 1985. The TRC in 1999 denied six security officers amnesty for their role in the killings, but they were never prosecuted and have all since died.
Calata is supported in the case by Nombuyiselo Mhlauli and Sindiswa Mkonto, the widows of Sicelo Mhlauli and Sparrow Mkonto, who were murdered along with his father.
“For most of us, it is too late. Our life-long struggle for accountability has come to naught. Suspects and witnesses have died, bringing an end to any prospect of prosecutions in most cases. These cases can never be resurrected,” he said.
The other litigants include family members of East Rand Congress of South African Students leader Caiphus Nyoka and Cape Town activist Imam Haron.
Former president Thabo Mbeki has said that while he was in office, the government never interfered in the investigation of atrocities committed by the apartheid regime.