PRESS RELEASE
To: All Media
ATT: News Editors, Human Rights Reporters
For Immediate Release
26 June 2026
TRC Victims and Survivors Oppose Zuma and Mbeki Appeal as Constitutional Court Considers Challenge to TRC Cases Inquiry
Statement by the Foundation for Human Rights
The 25 families and survivors of apartheid-era gross human rights violations, together with the Foundation for Human Rights (FHR), will appear before the Constitutional Court on 29 June 2026 to oppose an application brought by former Presidents Jacob Zuma and Thabo Mbeki. The Former Presidents apply for direct leave to appeal the majority judgment of the High Court concerning the recusal of, Retired Constitutional Court Justice Sisi Khampepe, the Chairperson of the Judicial Commission of Inquiry into allegations of interference in the investigation and prosecution of Truth and Reconciliation Commission (TRC) cases (The ‘TRC Cases Inquiry’). They also seek direct access to the Constitutional Court to substantively review and set aside the ruling by Justice Khampepe not to recuse herself.
The majority judgment of the Gauteng Division of the High Court, Johannesburg dismissed the review applications brought by former Presidents Zuma and Mbeki, because they failed to obtain the required prior consent to institute proceedings against a judge under section 47(1) of the Superior Courts Act. Mbeki and Zuma then filed an urgent application at the Constitutional Court, they also filed conditional applications in the Supreme Court of Appeal.
The families and the FHR oppose the application and will argue that the applications stand to be dismissed on the following grounds: the applications are not urgent; the applicants do not meet the requirements for either a direct appeal or for direct access on the merits, the applicants have no prospects of success on the merits, in either their appeals or the merits of the review applications and that the interests of justice do not warrant the further delay of the TRC Cases Inquiry’s work, particularly as it is investigating matters that have already been delayed for decades.
The TRC Cases Inquiry was established following Constitutional Damages litigation brought by the families and the FHR in January 2025. They claim the families’ constitutional rights were violated, due to the failure to investigate and prosecute TRC cases. The claimants argue that the investigation and prosecution of TRC cases was unlawfully suppressed by political interference into the work of the NPA and the Hawks. In addition to other relief, the 25 families and survivors and the FHR sought the payment of symbolic damages to acknowledge the violation of their rights and an order compelling the President to establish a commission of inquiry. A partial settlement was reached and on 29 May 2025 President Ramaphosa established the Commission of Inquiry into the stopped TRC Cases.
For many victims and survivors, the TRC Cases Inquiry represents the first meaningful opportunity to understand why apartheid-era crimes identified by the TRC were not properly investigated and prosecuted in democratic South Africa.
While the families respect the right of any party to approach the courts, they are deeply concerned that continued litigation risks delaying the work of the TRC Cases Inquiry, prolonging the wait for truth and accountability.
For victims and survivors, this is not simply a legal dispute. It is a process that concerns the deaths, disappearances, torture and suffering of loved ones, and the decades-long failure of the democratic state to investigate and prosecute those responsible. Every delay carries a human cost.
The families are also concerned that the Commission has already lost significant time as a result of litigation. Further delays risk disrupting a process that was established precisely because victims and survivors have already waited far too long for answers.
Hlekani Rikhotso, sister of Iggy Mthebule, reflects on the deep scars left by decades of injustice:
“The Ghosts of the souls of sacrificial lambs at whose expense a pact with those they promised to protect on the altar of political expediency is sounding a loud knock to remind them of the scars left with the Victim’s families only the truth can heal.”
Neville Beiling, a survivor of the Highgate Massacre, speaks of the betrayal of justice:
“Justice delayed is justice denied, because of lies, cover-ups and political interference in the Highgate Massacre case.”
Dorothy Calata, speaking on behalf of the Calata Family, whose father Fort Calata was one of the Cradock 4, shared:
“I have little to almost no direct contact with Pres Thabo Mbeki, but I know that he despises freedom fighters who stayed, fought, and died in this country like my father Fort Calata and his comrades. President Jacob Zuma never seizes an opportunity to behave as expected; he never disappoints…What I’m actually saying is that nothing better is expected from Pres Jacob Zuma. He defies and denies everything that does not benefit him personally.
Our truth is that both presidents failed to give us the justice we deserve as these families. Let them account!”
Lyndene Page, sister of Deon Harris from the Highgate Massacre, voices the pain of families once again let down:
“My take on this process regarding Zuma and Mbeki is a feeling of once again being let down… We spent so many years ‘behind the scenes’ hitting a brick wall… And now publicly they [are] erecting that brick wall once again… They should be supporting us at this stage, knowing fully well that the past government were involved… So, they are definitely covering something up and don’t want to be exposed.”
The survivors and families, the Foundation for Human Rights and the Webber Wentzel legal team, remain committed to the rule of law and to pursuing truth, accountability and justice through constitutional means. They will continue to participate fully in the TRC Cases Inquiry’s proceedings and in the litigation necessary to protect its work. The families are assisted by counsel Howard Varney, Dasantha Pillay and Chiara Louis and will be represented by Geoff Budlender SC and Janice Bleazard in Monday’s hearing.
South Africa deserves a full accounting of what happened to the TRC cases and why justice was denied for so long. The families and survivors who have waited decades for answers deserve no less.
Media Contacts:
Foundation for Human Rights: Jessie Waldman, jwaldman@fhr.org.za/078 644 8258
Webber Wentzel: Asmita Thakor, asmita.thakor@webberwentzel.com / 011 530 5000
