By Staff Reporter
Pretoria: On Monday, the Pretoria High Court is slated to deliberate on an application from former President Thabo Mbeki and ex-Minister of Justice and Constitutional Development, Brigitte Mabandla. The duo is aiming to intervene in a significant constitutional damages case initiated by survivors and families of victims impacted by South Africa’s apartheid era.
This legal development follows a court application filed on January 20, 2025, by twenty-five survivors and the Foundation for Human Rights (FHR). The plaintiffs are seeking to hold the government accountable for the unresolved cases related to political suppression during the apartheid regime. Specifically, they point to the inaction concerning cases forwarded to the National Prosecuting Authority (NPA) after being investigated by the Truth and Reconciliation Commission (TRC).
Mbeki and Mabandla’s intervention request hinges on their assertion of having a direct interest in the proceedings. They contend that the allegations implying political interference in the TRC cases are defamatory and unsubstantiated, insisting that their reputations are at stake.
Contrarily, the families opposed to this intervention argue that they should not be allowed to participate merely to counter adverse claims. They emphasize that their sought-after reparations are directed against the state as a whole, not against individuals, and assert that Mbeki and Mabandla should pursue traditional legal channels to address any perceived defamation. The families maintain that the court can make determinations on their application without delving into the actions of individual actors, a matter that they believe should fall under the purview of a commission of inquiry already established by the President, although it has yet to commence its investigations.
The Foundation for Human Rights, a pivotal player in this case, has underscored the importance of accountability and justice for victims of systematic state violence. A representative from the organization stated, “This case is integral not only for the families seeking closure but also for the broader pursuit of human rights in South Africa. It’s crucial that the legal system addresses these historical injustices to foster healing and accountability.”
As this high-stakes case unfolds, the court’s decision on whether Mbeki and Mabandla will be allowed to intervene will undoubtedly be watched closely, as it carries significant implications for the fight for justice rooted in South Africa’s tumultuous history.
