The legal opinions below have been commissioned by the Foundation for Human Rights to support our advocacy efforts around the criminal accountability for apartheid-era crimes, to inform the relevant litigation strategies or to assist the National Prosecuting Authority and the South African Police Services in the investigations and prosecutions of apartheid-era perpetrators.
LEGAL OPINIONS
[2019] The legal memorandum on the prosecution of international crimes by Professor Christopher Gevers
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[2020] The memorandum by the Foundation for Human Rights on the Proposed Approach to Apartheid-Era Prosecutions (proposal for a dedicated investigative and prosecutorial capacity for TRC cases)
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[2021] Additional memo on the prosecution of international crimes by Professor Christopher Gevers
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[2021] Constitutionality of prosecuting the apartheid-era cases under international law by Advocate Max Du Plessis, SC and Professor Christopher Gevers
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[2021] The issue of enforce disappearance as a continuing crime by Advocate Max Du Plessis, SC, Professor Christopher Gevers and Advocate Celeste Moodley
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[2021] The legal opinion on private prosecution and costs by Advocate Salim Nakhjavani
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[2021] Explanatory Memorandum – International law indictments in COSAS 4 by Advocate Celeste Moodley
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[2021] The legal opinion “Exploring Legal Options for the Establishment of a Special Capacity to Investigate & Prosecute Apartheid Crimes” by Advocate Howard Varney and Advocate Thabang Pooe
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[2021] The legal opinion on the prospects of success of an application to compel the President to establish a commission of inquiry into the suppression of the TRC Cases by Advocate Gilbert Marcus, SC, Advocate Howard Varney, Advocate Chiara Louis and Advocate Thai Scott
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[2022] The legal opinion on the admissibility of the TRC evidence in the subsequent criminal proceedings by Advocate Matthew Chaskalson, SC, Advocate Howard Varney and Advocate Thai Scott
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[2022] The Legal Opinion on the Issue of Amicus Curiae and the establishment of the Dedicated Court for the TRC cases by Advocate Celeste Moodley
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