PRESS RELEASE
To: All Media
ATT: News Editors, Human Rights Reporters
For Immediate Release
23 July 2025
Mbeki and Mabandla Bid to Intervene in Constitutional Damages Case Set for 28 July
The Pretoria High Court is scheduled to hear an application by former President Thabo Mbeki and former Minister of Justice and Constitutional Development, Brigitte Mabandla, to intervene in the constitutional damages litigation on 28 July 2025.
On 20 January 2025, twenty-five survivors and families of victims who were forcibly disappeared or killed during South Africa’s struggle for democracy, together with the Foundation for Human Rights (FHR), filed a court application against the President and the government. The applicants are seeking constitutional damages for the political suppression of apartheid-era cases that were referred to the National Prosecuting Authority (NPA) following the Truth and Reconciliation Commission (TRC).
Former President Mbeki and former Minister Mabandla are seeking leave to intervene on the basis that they have a direct and substantial interest in the proceedings. They deny that political interference stopped the TRC cases and claim that the application is defamatory of them.
However, the families oppose their intervention, arguing that it is not possible to intervene simply to rebut adverse allegations. They point out that the relief they seek is not directed against Mbeki or Mbandla but against the state; and if they feel they have been defamed they have recourse through normal legal remedies. The families assert that the application can be decided without the need to make findings in respect of individual roleplayers, which will be the task of the commission of inquiry already established by the President, although it is yet to commence its work.
ENDS
Media queries:
Lukhanyo Calata: 082 394 6481
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 Nkosinathi Thema, nkosinathi.thema@webberwentzel.com / 082 402 5442
Court papers related to the case can be accessed HERE.
