President Cyril Ramaphosa and the South African government have lost their bid to delay a R167 million constitutional damages claim brought by families of apartheid-era victims.
The Gauteng High Court in Pretoria dismissed the government’s application to indefinitely postpone the case, which was filed by 25 families and survivors of political killings and disappearances during apartheid. The plaintiffs allege that the government failed to pursue justice despite recommendations from the Truth and Reconciliation Commission (TRC).
The court’s ruling emphasized that the government’s request for a delay lacked merit and expressed sympathy for the families who have been waiting for justice for years.
Judge Nicolene Janse Van Nieuwenhuizen criticized the government’s attempt to postpone the case, stating that it was “rather ironic” that the government, which is the sole cause of the delay, sought further postponement without providing any tangible benefit.
The Foundation for Human Rights (FHR), which is supporting the plaintiffs, welcomed the judgment, highlighting the importance of holding the government accountable for its role in suppressing investigations into apartheid-era crimes. The GOOD Party also praised the court’s decision, emphasizing the need to uncover the truth behind delays in TRC cases to restore integrity to South Africa’s justice system.
This ruling comes amid broader efforts to address the legacy of apartheid-era injustices. In May 2025, President Ramaphosa established a Commission of Inquiry to investigate allegations of political interference in the investigation and prosecution of TRC cases. However, the commission’s mandate does not include determining constitutional damages, which remains the focus of the current court case.
The dismissal of the government’s application marks a significant step toward justice for the families of apartheid-era victims, who continue to seek accountability and closure for the atrocities committed during that period.