PRESS RELEASE
To: All Media
ATT: News Editors, Human Rights Reporters
For Immediate Release
07 April 2025
Former President Mbeki and former Minister of Justice Mabandla seek to intervene in constitutional damages court application
Press statement issued by the Foundation for Human Rights on behalf of the applicants in the Constitutional Damages case
The Foundation for Human Rights (FHR) and the applicants in the Constitutional Damages litigation take note of the intervention application filed by former President Thabo Mbeki and former Justice Minister Brigitte Mabandla. Our attorneys have filed notice of our intention to oppose this intervention.
Mbeki and Mabandla claim that their rights may be violated by the court finding that they were involved in suppressing the investigation and prosecution of Truth and Reconciliation Commission (TRC) cases. However, the applicants have made no request for such a finding, and it is inconceivable that, at least in the constitutional damages case, the court will make such a finding. Any finding on the nature and type of political interference is rightfully being left to a Commission of Inquiry, and Mbeki and Mabandla should welcome the opportunity to put their version of events before that Commission.
The information that the applicants have collated in their founding affidavits is all based on documents already in the public domain, and Mbeki admits this much in para 28 of his affidavit. To the extent that Mbeki and Mabandla believe that their reputations are damaged by this information, their dispute is with the authors of these documents and not with the applicants. Mbeki and Mabandla have access to considerable legal and other resources, and given their commitment to defending their reputations (“Our character is beyond price” as they style it), it is troubling that they have failed to act in this regard when these matters were first raised.
Mbeki and Mabandla were in positions of great authority and influence for at least part of the period when the state failed in its obligations to the families. We believe that their reputations would be best served by recognising that these violations have occurred, expressing their sympathy to the families affected, their support for the quest for justice, and re-affirming both their commitment to identifying those responsible and to ensuring that prosecutions follow where appropriate.
Mbeki and Mabandla’s application to intervene follows years of sworn testimony from former National Prosecuting Authority (NPA) officials, which reveals the deliberate suppression of TRC-related prosecutions during their time in office. Both the Supreme Court of Appeal and the Gauteng High Court have already confirmed that political interference obstructed the prosecution of over 300 cases referred by the TRC. The NPA itself has acknowledged this interference.
The Foundation for Human Rights and victims’ families reiterate their commitment to uncovering the truth. Victims and their families deserve justice, not further bureaucratic obstacles designed to shield former government officials from accountability.
/END
Media Contacts:
Foundation for Human Rights
Zaid Kimmie / Zkimmie@fhr.org.za
Webber Wentzel
Asmita Thakor / asmita.thakor@webberwentzel.com / 082 459 2327
