PRESS RELEASE
To: All Media
ATT: News Editors, Human Rights Reporters
For Immediate Release
30 May 2025
Families of Anti-Apartheid Activists and FHR Welcome Judicial Commission into Political Interference but Reject its Mandate on Constitutional Damages
Press Release by the Foundation for Human Rights
The 25 survivors and families of victims of apartheid-era crimes, along with the Foundation for Human Rights (FHR), welcome the establishment of the judicial Commission of Inquiry into political interference in the investigation and prosecution of Truth and Reconciliation Commission (TRC) cases. We acknowledge this as a long-overdue step toward uncovering the truth and ensuring accountability for the suppression of justice in democratic South Africa.
We commend the appointment of retired Constitutional Court Justice Sisi Khampepe to chair the commission along with her fellow commissioners—retired Judge President Frans Diale Kgomo and Advocate Andrea Gabriel SC—and commit to assist them in whatever way possible to execute their important mandate.
However, while we support the commission’s establishment and its focus on uncovering political interference from 2003 to the present, we do not accept its Terms of Reference insofar as they relate to the declaration of rights’ violations and the potential award of constitutional damages. The commission of inquiry, as a purely fact-finding body, has no power to determine rights and remedies. It can only make a recommendation to the President, who is both a respondent in the litigation and a key party to the commission itself. This creates a clear conflict of interest, as he becomes both a player and a referee in the proceedings.
Moreover, the President is not bound to act on any recommendation. Even if he accepts a recommendation to pay constitutional damages, he is not in a position to pay since the commission’s recommendation is not an enforceable court, arbitration or mediation order. Any payment would require the appropriation of public funds through the placing of a bill before Parliament. The legislative process could take years.
The Presidency has applied to the court for a stay of the litigation pending the outcome of the commission of inquiry. The families and FHR will oppose it and intend to proceed with the case. The stay application will be heard on 6 August 2025. Separately, the court will hear an intervention application by former President Thabo Mbeki and former Justice Minister Brigitte Mabandla on 28 July 2025. The families and the FHR have already filed their opposition to this application and will contest it in court.
For the detailed background on the legal proceedings, see HERE.
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Media queries:
Foundation for Human Rights: Zaid Kimmie, zkimmie@fhr.org.za / 082 883 4934
Webber Wentzel: Asmita Thakor, asmita.thakor@webberwentzel.com / 082 459 2327 and Nkonsinathi Thema, nkosinathi.thema@webberwentzel.com / 082 402 5442
Relevant documents:
Media briefing notes can be downloaded on this link.
An overview of the court application can be downloaded on this link.
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.
General background on the constitutional damages case can be viewed on this link.
