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OVERVIEW OF THE CASE

On 20 January 2025, twenty-five survivors and families of victims who were forcibly disappeared or killed during South Africa’s fight for democracy filed a court application against the President and the government. They are seeking constitutional damages for the political suppression of the apartheid-era cases referred to the National Prosecuting Authority following the Truth and Reconciliation Commission (TRC).

Following negotiations between the parties, on 29 May 2025, President Ramaphosa formally established a commission of inquiry. It is chaired by retired Constitutional Court Justice Sisi Khampepe, with retired Judge President Frans Diale Kgomo and Advocate Andrea Gabriel SC as commissioners.

On 20 January 2025, twenty-five families and survivors of apartheid-era crimes brought an application in the Pretoria High Court against President Cyril Ramaphosa and his government, seeking constitutional damages for the government’s gross failure to adequately investigate and prosecute apartheid-era political crimes following the Truth and Reconciliation Commission (TRC) process.

 

The suppression of post-TRC accountability efforts has allowed witnesses and perpetrators to pass away, effectively eliminating the possibility of prosecutions in most of those cases. These are cases that can never be revived. As a result, the government has denied survivors and victims’ families their fundamental rights to justice, truth, and closure.

 

The application is brought by 22 individual applicants (representing survivors and families) and the Foundation for Human Rights, a South Africa-based human rights organisation, as an institutional applicant.[1] Lukhanyo Calata, representing the families of the Cradock 4 activists, is acting as the main applicant.

 

[1] Tryphina Nomandlovu Mokgatle (5th Applicant) represents 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, hence the number of applicants is 22. However, the case is brought by 25 survivors and families of victims.

The respondents include:

 

  • The President of South Africa
  • The Government of South Africa
  • The Minister of Justice
  • The National Director of Public Prosecutions
  • The Minister of Police
  • The Commissioner of the South African Police Service.

The applicants are seeking three types of relief:

 

1) A declaration that the conduct of the respective governments in power from 2003 was a violation of the rights of the families and survivors to equality, human dignity and the rule of law, in suppressing the investigation and/ or prosecution of the TRC cases.

 

2) Payment of constitutional damages to affirm constitutional values and vindicate the rights of applicants by supporting their pursuit of inquests, private prosecutions, and related litigation, as well as enabling commemoration, memorialisation, and public education on TRC cases through events, publications, and documentaries, among others.

 

3) A declaration that the President’s refusal to set up an independent commission of inquiry into the suppression of the TRC cases is unconstitutional and violates the rights of families and survivors, and for an order directing the President to establish a commission of inquiry.

The application has been brought by the following survivors and family representatives:

 

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.

 

23) Foundation For Human Rights (23rd Applicant) – acting in public interest.

COURT PAPERS 

 

FOUNDING AFFIDAVIT AND ANNEXES

 

A full set of the court papers (signed and stamped) can be downloaded on this link

 

A full set of unsigned court papers with links can be downloaded on this link

 

Notice in terms of Rule 16A can be downloaded on this link

 

NOTICES TO OPPOSE 

 

Notice to Oppose (1st and 2nd respondents) can be downloaded on this link

 

Notice to Oppose (3rd and 4th respondents) can be downloaded on this link

 

Notice to Oppose (5th and 6th respondents) can be downloaded on this link

 

Notice of Withdrawal (1st and 2nd respondents) can be downloaded on this link

 

Notice of Withdrawal (3rd respondent) can be downloaded on this link

 

Notice of Withdrawal (5th and 6th respondents) can be downloaded on this link

 

APPLICATION FOR LEAVE TO INTERVENE AS AMICUS CURIAE

 

The Helen Suzman Foundation’s notice of motion and founding affidavit can be downloaded on this link

 

APPLICATION FOR LEAVE TO INTERVENE BY FORMER PRESIDENT MBEKI AND FORMER MINISTER MABANDLA

 

Former President Mbeki and Former Justice Minister Mabandla’s application to intervene can be downloaded on this link

 

1st to 23rd Respondents Answering Affidavit (Application for Leave to Intervene) can be downloaded on this link

 

Former President Mbeki Replying Affidavit including Annexes can be downloaded on this link

 

Former Minister of Justice Mabandla Confirmatory Affidavit can be downloaded on this link

 

Applicants’ (Mbeki & Mabandla) Heads of Arguments can be downloaded on this link

 

Families’ Heads of Arguments can be downloaded on this link

 

Judgment (28 July 2o25) by Judge Millar J dismissing Mbeki’s and Mabandla’s application can be downloaded on this link

 

APPLICATION ON THE STAY OF PROCEEDINGS

 

Applications by 1st and 2nd respondents on Reinstatement of Opposition and Stay of Proceedings can be downloaded on this link

 

Third Respondent’s Confirmatory Affidavit can be downloaded on this link

 

Fourth Respondent Confirmatory Affidavit can be downloaded on this link

 

Fifth Respondent Confirmatory Affidavit can be downloaded on this link

 

Applicants’ Answering Affidavit to The First and Second Respondents’ Stay Application can be downloaded on this link

 

1st & 2nd Respondents’ Replying Affidavit (incl. confirmatory affidavits of the 4th & 6th respondents) can be downloaded on this link

 

1st & 2nd Respondents’ Written Submissions can be downloaded on this link

 

Families’ Heads of Arguments can be downloaded on this link

 

The judgment (03 October 2025) dismissing the stay application can be downloaded on this link

 

 

ANSWERING AFFIDAVITS

 

First and Second Respondents Anwering Affidavit can be downloaded on this link

 

 

OTHER DOCUMENTS

 

Media briefing notes can be downloaded on this link

 

An overview of the court application can be downloaded on this link

Following negotiations between the parties, on 29 May 2025, President Ramaphosa formally established a commission of inquiry. It is chaired by retired Constitutional Court Justice Sisi Khampepe, with retired Judge President Frans Diale Kgomo and Advocate Andrea Gabriel SC as commissioners.

 

COMMISSION OF INQUIRY DOCUMENTS

 

COI’s Terms of Reference can be downloaded on this link 

 

COI Regulations (19 August 2025) can be downloaded on this link

 

COI’s Rules (29 August 2025) can be downloaded on this link

 

COI Media Statement: TRC Cases Inquiry appoints Secretary and Spokesperson can be downloaded on this link

 

Opening Statement on behalf of 25 families & survivors, and the Foundation for Human Rights can be downloaded on this link

 

Opening Statements 

 

 

 

Recusal Application: Advocate Ishmael Semenya SC

 

Bundle A: DOJ Recusal Application

 

Bundle B: NPA Recusal Application

 

Bundle C: Adv Semenya SC

 

Bundle D: Calata Group

 

2020 12 04: Ruling

 

 

Recusal Application: Justice Sisi Khampepe

 

Bundle A: Notice of Recusal Application by former President Jacob Zuma

 

Bundle B: Adv Semenya Answering Affidavit (Zuma Recusal Application)

 

Bundle C: Calata Group Answering Affidavit (Zuma Recusal Application)

 

Bundle D: Notice of Recusal Application by former President Thabo Mbeki

 

Bundle E: Adv Semenya Answering Affidavit (Mbeki Recusal Application)

 

Bundle F: Calata Group Answering Affidavit (Mbeki Recusal Application)

 

Bundle G1: Heads of Argument – Zuma

 

Bundle G2: Heads of Argument – Commission

 

Bundle G3: Heads of Argument – Calata Group

 

Bundle G4: Heads of Argument – Mbeki

 

2026 01 30: Ruling

 

 

Review Application: Khampepe’s Recusal

 

2026 02 06: Applicant’s Urgent Review

 

2026 02 12: 6th Respondent’s Notice to oppose (signed)

 

2026 02 12: 9th Respondent’s Notice to Abide

 

2026 02 13: Caselines Rule 53 Record

 

2026 02 13: Mbek’s FA & AA

 

2026 02 16: 7th Respondent Confirmatory Affidavit – Mabandla

 

2026 02 16: 7th Respondent Confirmatory Affidavit – Kasrils

 

2026 02 16: 7th Respondent Confirmatory Affidavit – Nqakula

 

2026 02 16: Notice of Substitution – TRC Cases Review

 

2026 02 19: Amended Notice of Motion

 

2026 02 19: Mbeki’s Notice of Motion & Supplementary Affidavit

 

2026 02 19: Notice of Application to Compel Compliance with Rule 53(1)(b)

 

2026 02 19: Supplementary Affidavit and Founding Affidavit to the Application to Compel

 

2026 02 20: 1st to 5th Respondents Notice ito Rule 47(1)

 

2026 02 23: 1st to 5th Respondents Index – Rule 53 Supplementary Record

 

2026 02 23: 1st to 5th Respondents Notice of Delivery of Supplementary Record

 

2026 02 23: 1st to 5th Respondents Notice of Opposition to Joinder Application

 

2026 02 23: 1st to 5th Respondents Notice of Opposition to Notice ito Rule 53(1)(b)

 

2026 02 23: 1st to 5th Respondents Rule 53 Supplementary Record

 

2026 02 24: Mbeki’s Annexures

 

2026 02 24: Mbeki’s Further Affidavit

 

2026 02 24: Mbeki’s Notice of Motion

 

2026 02 25: 7th Respondent’s Notice to oppose (signed)

 

2026 02 25: Commission’s Notice to Oppose – Mbeki vs TRC Commission

 

2026 02 27: Sixth Respondent Answering Affidavit

 

2026 03 05: Notice to Contest Liability to Furnish Security for Costs

 

2026 03 06: 8th Respondent’s Explanatory Affidavit (NPA)

 

2026 03 06: 8th Respondent’s Notice to Abide (NPA)

 

2026 03 06: Commission’s Answering Affidavit

 

2026 03 06: Commission’s Confirmatory Affidavit Chair

 

2026 03 06: Mbeki’s Replying Affidavit

 

2026 03 06: Notice of Set Down

 

2026 03 06: Ramaphosa’s Explanatory Affidavit

 

2026 03 09: Mbeki’s Replying Affidavit to the Commission’s Answering Affidavit

 

2026 03 10: 6th Respondent’s Further Affidavit to Pres Ramaphosa’s Affidavit

 

2026 03 10: First Applicant’s (Zuma) Composite Replying Affidavit

 

 

Heads of Arguments

 

 

 

 

TRC Inquiry Hearings: Statements & Recordings

 

2025 11 10: Recording

 

2025 11 26: Recording

 

2025 11 28: TRC Cases Inquiry: Oral Arguments on Evidence Leading Objection Recording 

 

2026 01 16: TRC Cases Inquiry Oral Arguments: Recusal of Inquiry’s Chairperson, Justice Sisi Khampepe Recording 

 

2026 02 11: TRC Cases Inquiry: Hearing Day 1 | Opening statementRecording

 

2026 02 12: TRC Cases Inquiry: Hearing Day 2 | Thembi Simelane | Recording

 

2026 02 13: TRC Cases Inquiry: Hearing Day 3 | Lukhanyo Calata | Recording

 

2026 02 16: TRC Cases Inquiry: Hearing Day 4 | Lukhanyo Calata | Recording

 

2026 02 17: TRC Cases Inquiry: Hearing Day 5 | Yasmin Sooka | Recording 

 

2026 02 18: TRC Cases Inquiry: Hearing Day 6 | Michael Schmidt | Recording

 

2026 02 20: TRC Cases Inquiry: Hearing Day 7 | Ole Bubenzer | Recording

 

2026 02 23: TRC Cases Inquiry: Hearing Day 8 | Mashau Silas Ramaite | Recording

 

2026 02 25: TRC Cases Inquiry: Hearing Day 9 | Andrew Leask | Recording 

 

2026 02 26: TRC Cases Inquiry: Hearing Day 10 | Jacob Van Der Merwe | Carl Martin Kriel | Recording 

 

2026 03 02: TRC Cases Inquiry: Hearing Day 11 | Bulelani Ngcuka | Recording 

 

2026 03 03: TRC Cases Inquiry: Hearing Day 12 | Shadrack Ganda | Recording

 

2026 03 04: TRC Cases Inquiry: Hearing Day 13 | Anton Ackermann | Recording

 

2026 03 05: TRC Cases Inquiry: Hearing Day 14 | Anton Ackermann| Recording

 

2026 03 06: TRC Cases Inquiry: Hearing Day 15 | Anton Ackermann | Recording

 

2026 03 11: TRC Cases Inquiry: Hearing Day 16 | Bulelani Ngcuka | Recording

 

2026 03 12: TRC Cases Inquiry: Hearing Day 17 | Vusi Pikoli | Recording

 

2026 03 13: TRC Cases Inquiry: Hearing Day 18 | Vusi Pikoli | Recording

 

2026 03 18: TRC Cases Inquiry: Hearing Day 19 | Chris Macadam | Recording

 

2026 03 19: TRC Cases Inquiry: Hearing Day 20 | Anton Ackermann and Chris Macadam | Recording

 

2026 03 20: TRC Cases Inquiry: Hearing Day 21 |  Anton Ackermann | Recording

 

2026 03 31: TRC Cases Inquiry: Hearing Day 22 | Menzi Simelane | Recording

 

2026 04 01: TRC Cases Inquiry: Hearing Day 23 | Nomgcobo Jiba | Recording

 

2026 04 07: TRC Cases Inquiry: Hearing Day 24 | Mokotedi Mpshe | Recording

 

2026 04 09: TRC Cases Inquiry: Hearing Day 25 | Imtiaz Cajee | Recording

 

2026 04 10: TRC Cases Inquiry: Hearing Day 26 | Ray Lalla | Recording

 

2026 04 14: TRC Cases Inquiry: Hearing Day 27 | Philippus Christoffel Jacobs|  Recording

 

2026 04 15: TRC Cases Inquiry: Hearing Day 28 | Shamila Batohi | Recording

 

2026 04 16: TRC Cases Inquiry: Hearing Day 29 | Shubnum Singh | Recording

 

2026 04 17: TRC Cases Inquiry: Hearing Day 30 | Mthunzi Mhaga | Recording

 

2026 04 22: TRC Cases Inquiry: Hearing Day 31 | Geoffrey Ledwaba | Recording

 

2026 04 23: TRC Cases Inquiry: Hearing Day 32 | Anton Ackermann | Recording

 

2026 04 24: TRC Cases Inquiry: Hearing Day 33 | Anton Ackermann | Recording

 

2026 04 30: TRC Cases Inquiry: Hearing Day 34 | Dumisa Ntsebeza | Recording

 

2026 05 05: TRC Cases Inquiry: Hearing Day 35 | Menzi Simelane | Recording

 

2026 05 07: TRC Cases Inquiry: Hearing Day 36 | Vusi Pikoli | Recording

 

2026 05 08: TRC Cases Inquiry: Hearing Day 37 | Mokotedi Mpshe | Recording

 

2026 05 12: TRC Cases Inquiry: Hearing Day 38 | Godfrey Lebeya | Recording

 

2026 05 13: TRC Cases Inquiry: Hearing Day 39 | Godfrey Lebeya | Recording

LATEST NEWS

EXTRA RESOURCES

Additional material and channels

Recording from the Press Conference held at the Constitution Hill on 23 January 2025
23 January 2025 - Mail & Guardian, Families of apartheid victims demand inquiry into suppression of TRC cases
23 January 2025 - News24, Families of murdered anti-apartheid activists who never got justice sue government for R167m
23 January 2025 - The Gaurdian, ‘We were betrayed’: families of apartheid victims sue South African government
23 January 2025 - Daily Maverick, Families of apartheid-era victims take Ramaphosa, ministers to court over ‘suppressed’ TRC cases
23 January 2025 - Times Live, Apartheid-era survivors and families sue Ramaphosa's government seeking 'justice'
23 January 2025 - Business Day, Government sued for R167m by survivors of apartheid
23 January 2025 - Sunday World, EFF backs families suing Ramaphosa over apartheid injustices
23 January 2025 - MSN, Families of apartheid victims to sue government for R167 million over justice failures
23 January 2025 - The Strait Times, Families of apartheid-era victims sue South African government for damages
23 January 2025 - IOL, Ramaphosa and government face legal action over apartheid-era damages claims
23 January 2025 - IOL, Families of apartheid-era victims take government to court over justice delayed and denied
23 January 2025 - Algoa FM, Apartheid-era crimes: families call for commission of inquiry
23 January 2025 - VOC FM, Foundation for Human Rights seeks constitutional damages for survivors of apartheid-era atrocities
23 January 2025 - Jacaranda FM, Apartheid survivors sue govt for constitutional damages
23 January 2025 - East Coast Radio, Govt sued by victims of apartheid crimes
23 January 2025 - Statement, EFF welcomes families of apartheid victims suing the government
24 January 2025 - News24, Justice deferred: How ANC betrayed those who paid with their lives for freedom
26 January 2025 - City Press, The sad case of violent apartheid killers dying peacefully, without facing justice
28 January 2025 - Justice Info Net, A South African Betrayal
29 January 2025 - BBC, Victims of apartheid era political violence have taken president Cyril Ramaphosa to court
26 February 2025 - News24, 'These families deserve closure': Ramaphosa withdraws opposition to apartheid victims' court bid
12 October 2025 - TRC CASES: AFRIFORUM WEAPONISES WHATABOUTISM TO WHITEWASH ACCOUNTABILITY
14 October 2025 - AfriForum approaches the Khampepe Commission