Press Statement
To: All Media
ATT: News Editors, Human Rights Reporters
For Immediate Release
11 February 2026
PRESS STATEMENT
By 25 victims’ Families and Survivors of apartheid-era gross human rights violations
We speak today as survivors and families of victims of apartheid-era crimes (see full list below). In January last year, we brought a High Court application to (i) compel the establishment of a judicial commission of inquiry to investigate political interference in the investigation and prosecution of Truth and Reconciliation Commission (TRC) cases and to (ii) seek constitutional damages against the President and various government agencies and departments for failing to investigate and prosecute TRC cases.
Our court papers illustrate investigations and prosecutions of TRC cases were deliberately suppressed by South Africa’s democratic government, in violation of our rights to equality, dignity, and the right to life and bodily integrity. Such conduct has no place in a constitutional democracy founded on human rights and the rule of law.
As a result of our court application, and following a partial settlement between the parties, President Cyril Ramaphosa agreed to establish a commission of inquiry.
On 29 May 2025, former Constitutional Court Justice Sisi Khampepe was appointed as Chairperson of the Judicial Commission of Inquiry to inquire into allegations regarding efforts or attempts having been made to stop the investigation or prosecution of TRC cases (Khampepe Commission).
The Khampepe Commission represents the first and only time that our long-standing calls for accountability for the failure to investigate and prosecute TRC cases have been formally acknowledged.
The start of the public hearings of the Khampepe Commission, which was initially scheduled for 10 November 2025, was delayed by separate recusal applications that were brought against the Commission’s chief evidence leader and the Chairperson by government departments and the former Presidents Jacob Zuma and Thabo Mbeki. Both recusal applications were dismissed, and we believe that these actions were aimed at obstructing the work of the Khampepe Commission and, yet again, delaying accountability.
For many of us, justice has been indefinitely delayed. We will never see those who tortured, maimed, killed, or forcibly disappeared our loved ones held criminally accountable. That right has been unlawfully taken from us. Now, as we pursue truth and justice through an open and transparent process before the Khampepe Commission, our efforts are once again being obstructed by some of the very individuals and entities who publicly claim to support victims.
Former Presidents Zuma and Mbeki were aware, as early as May 2025, that the Khampepe Commission had been established and that hearings were scheduled to commence in November 2025. Yet they only filed their applications for the Chairperson’s recusal in December 2025. These applications were dismissed by Justice Khampepe on 30 January 2026.
At a pre-hearing meeting on 4 February 2026, the legal representatives of both former presidents indicated their intention to seek judicial review of the recusal ruling. Former President Zuma has since approached the High Court to review the ruling.
The review process could take a significant period of time to conclude, especially if the High Court judgment is taken on appeal. We are advised that if the judicial review proceeds while the Khampepe Commission continues with its hearings, there is a risk that the proceedings could be nullified if the review succeed. Annulment is not automatic, but the risk remains.
As a result, a judicial commission of inquiry established to investigate decades-long delays and obstruction in achieving justice for apartheid-era crimes is itself being obstructed by actors who want to avoid accountability for actions taken, or condoned, that may have contributed to the suppression of TRC cases.
We observe how the Madlanga commission of inquiry has proceeded efficiently and without obstruction. While the mandates of the two commissions differ, both address allegations of obstruction of justice and political interference in institutions constitutionally required to operate without fear, favour, or prejudice. We expect no less from the Khampepe Commission.
It is our view that the failure to ensure accountability for apartheid-era crimes, and the alleged political interference that followed, created a culture of impunity within state institutions. This accountability vacuum has weakened the criminal justice system and contributed to subsequent systemic failures, precisely the kind now under scrutiny by the Madlanga Commission.
Enough is enough. We have waited long enough. The Khampepe Commission must act decisively to ensure that it proceeds without further delay. We call on all parties to cooperate fully with the Khampepe Commission and to ensure that South Africa confronts this critical chapter of its history.
South Africa deserves no less.
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Media queries: Alex Mailola, Foundation for Human Rights, at amailola@fhr.org.za or 079 912 5809. The FHR will coordinate the interview requests to the families.
List of victims’ families and survivors:
1) Lukhanyo Bruce Matthews Calata (1st Applicant) – representing the family of the late Fort Calata, one of the Cradock Four activists.
2) Alegria Kutsaka Nyoka (2nd Applicant) – representing the family of the late Caiphus Nyoka.
3) Bonakele Jacobs (3rd Applicant) – representing the family of the late Mxolisi ‘Dicky’ Jacobs.
4) Fatiema Haron-Masoet (4th Applicant) – representing the family of the late Imam Haron.
5) Tryphina Nomandlovu Mokgatle (5th Applicant) – representing the family of the late Zandisile Musi as well as other COSAS Four families, including the families of Eustice ‘Bimbo’ Madikela, Ntshingo Matabane and Fanyana Nhlapo.
6) Karl Andrew Weber (6th Applicant) – a survivor of the Highgate Hotel Massacre in East London on 1 May 1993.
7) Kim Turner (7th Applicant) – representing the family of the late Dr Rick Turner.
8) Lyndene Page (8th Applicant) – sister of the late Deon Harris, who died at the Highgate Hotel Massacre in East London on 1 May 1993.
9) Mbuso Khoza (9th Applicant) – representing the family of Musawakhe ‘Sbho’ Phewa, who was forcibly disappeared in 1987.
10) Neville Beling (10th Applicant) – a survivor of the Highgate Hotel Massacre in East London on 1 May 1993.
11) Nombuyiselo Mhlauli (11th Applicant) – representing the family of the late Sicelo Mhlauli, one of the Cradock Four activists.
12) Sarah Bibi Lall (12th Applicant) – representing the family of the late Dr Hoosen Haffejee.
13) Sizakele Ernestina Simelane (13th Applicant) – representing the family of the late Nokuthula Simelane, who was forcibly disappeared in 1983.
14) Sindiswa Elizabeth Mkonto (14th Applicant) – representing the family of the late Sparrow Mkonto, one of the Cradock Four activists.
15) Stephans Mbuti Mabelane (15th Applicant) – representing the family of the late Matthews ‘Mojo’ Mabelane.
16) Thuli Kubheka (16th Applicant) – representing the family of Ntombikayise Priscilla Kubheka, who was forcibly disappeared in 1987.
17) Hlekani Edith Rikhotso (17th Applicant) – representing the family of Ignatius ‘Iggy’ Mthebule, who was forcibly disappeared in 1987.
18) Tshidiso Motasi (18th Applicant) – representing the family of the late Richard and Busisiwe Irene Motasi.
19) Nomali Rita Galela (19th Applicant) – representing the family of the late Twasile Champion Galela, one of the PEBCO 3 activists.
20) Phumeza Mandisa Hashe (20th Applicant) – representing the family of the late Sipho Hashe, one of the PEBCO 3 activists.
21) Mkhontowesizwe Godolozi (21st Applicant) – representing the family of the late Qaqawuli Godolozi, one of the PEBCO 3 activists.
22) Mogapi Solomon Tlhapi (22nd Applicant) – representing the family of Nicholas Ramatua ‘Boiki’ Tlhapi, who was forcibly disappeared in 1986.
