PRESS RELEASE
To: All Media
ATT: News Editors, Human Rights Reporters
For Immediate Release
03 October 2025
Families, Survivors and the FHR Welcome the Dismissal of Government’s Stay Application in Constitutional Damages Case
Statement by the Foundation for Human Rights
The survivors and families of victims of apartheid-era crimes together with the Foundation for Human Rights (FHR), welcome today’s judgment by the High Court in Pretoria per Janse Van Nieuwenhuizen J, dismissing the Government’s application to stay proceedings in the constitutional damages case. The court dismissed the application to postpone or stay the main constitutional damages application, pending the outcome of a judicial commission of inquiry promulgated on 29 May 2025. The applicants opposed this, arguing that it would cause a further unjustifiable delay and deny them their constitutional right to have their claims heard by a court.
In January 2025, 25 families and survivors, together with the FHR, launched a constitutional damages claim against the President and the Government for the political suppression of investigations and prosecutions of apartheid-era political crimes referred by the Truth and Reconciliation Commission (TRC). Many perpetrators and witnesses have since died, closing off the possibility to secure truth, justice and closure. The Government sought to postpone the case pending the outcome of a commission of inquiry into delays in TRC prosecutions.
The High Court held that the applicants “have been denied this right for more than twenty years” and noted that “some of [them] are elderly, eager to find closure and to put the matter to rest.” Moreover, the Court remarked that it is “rather ironic that the Government, who is the sole cause for the delay, wants this Court to sanction yet a further indefinite delay without being able to point to any tangible benefit.”
Concluding that “the interests of justice will not be served by the granting of a stay of proceedings”, the High Court dismissed the application and ordered the Government and the President to pay costs, including the costs of two counsel on the highest scale.
The main application will now proceed to be heard on its merits.
Media queries:
Foundation for Human Rights: Sesetu Holomisa, sholomisa@fhr.org.za / 071 391 0043
Webber Wentzel: Jos Venter, Jos.Venter@webberwentzel.com/ 021 431 7017
Background information and court papers related to the case can be accessed HERE.
