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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

 

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

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