Apartheid-Era Families Reject Ramaphosa’s Commission Proposal, Vow to Pursue Justice in Court

“We’ll still meet you in court, Cyril.” That’s the clear and unwavering message from the families and survivors of apartheid-era crimes, who have firmly rejected President Cyril Ramaphosa’s proposal to channel their demands for justice through a commission of inquiry. Their reason is straightforward: a commission simply does not have the legal power to grant the declarations and remedies they seek.

The proposed commission comes in the wake of ongoing litigation initiated by victims’ families against the President and the South African government. At the heart of the case are claims for constitutional damages, based on decades-old allegations that political interference obstructed justice and silenced prosecutions of apartheid-era crimes—many of which were unearthed by the Truth and Reconciliation Commission (TRC), but never pursued.

Ramaphosa announced that, following discussions between his office, victims’ families, and various government bodies, there was consensus to establish a Commission of Inquiry. According to the Presidency, the commission will investigate whether improper influence delayed or obstructed investigations and prosecutions after the TRC’s work concluded.

But that’s where the agreement ends.

While the families supported the establishment of the commission to probe interference, they rejected the idea that their legal rights and claims for compensation be handed over to the same commission. Only the courts, they argue, can declare their rights violated or award damages for past wrongs.

Survivors Demand Real Justice, Not Symbolic Gestures

Nombuyiselo Mhlauli, the widow of one of the Cradock Four—anti-apartheid activists brutally murdered in 1985—expressed deep concern over what she sees as the government’s failure to deliver substantive justice. Though the killers were named in the TRC proceedings, few have ever faced prosecution.

“I would be really disappointed because the comrades that were denied their human rights were also members of the ANC,” Mhlauli said. “We expected the ANC to hold them in their hands as families and investigate what happened.”

She’s been waiting more than 40 years for closure, and she’s not alone. Like many others, she recalls the meagre reparations paid to families—blanket amounts of just R30,000, far below what the TRC had recommended and insufficient to heal decades of loss and pain.

The Cosas 4: Still Waiting After Four Decades

The families of the Cosas 4, another group of young activists murdered by apartheid police, echoed similar frustrations. “We think it is a breakthrough after waiting patiently for 43 years,” one family member said, noting how one of the victims, Zandisile Musi, died in 2021 after living with injuries sustained in the attack for nearly four decades.

While the families cautiously welcomed the commission, they view it as a delay tactic if it comes at the cost of their constitutional claims.

Lawyers and Advocates Back the Families

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Webber Wentzel, representing 25 families and survivors alongside the Foundation for Human Rights (FHR), stated that the commission was a result of litigation pressure—not a voluntary act of reconciliation by the state.

“The President’s decision to establish a commission of inquiry is welcomed. But it’s important to understand that the remaining relief we are seeking—a court declaration of rights violations and constitutional damages—must be decided in court,” said Asmita Thakor, a public interest law partner at the firm.

FHR added that the commission may prolong the pain by delaying justice. While the President initially promised mediation and expressed empathy for the families, those talks collapsed when he changed course and opted for the commission approach.

“The families and survivors viewed the President’s statement in February as a first serious acknowledgement of their plight,” said FHR. “They were dismayed when that hopeful dialogue quickly turned into legal backpedalling.”

A Legal Tug of War Looms

Ramaphosa intends to apply for a stay of the court proceedings, arguing that the commission must first complete its work. However, the families have vowed to oppose this move, along with any intervention attempts by former President Thabo Mbeki and former Justice Minister Sylvia Mabandla.

Critics argue that delaying court proceedings will only entrench the legacy of injustice, particularly since the TRC concluded its work decades ago with a clear call to prosecute those who were denied amnesty or failed to disclose their full involvement in crimes.

Advocate Dumisa Ntsebeza, former head of the TRC investigative unit, confirmed that roughly 300 such cases were never followed up. “They should have been prosecuted,” he said plainly, reflecting a sentiment shared by many.

The Road Ahead

While the commission may help uncover details about alleged obstruction, it will not have the legal muscle to declare violations of constitutional rights or order the state to pay damages. And for many families, that’s a red line they won’t cross.

“The pain of being ignored and sidelined by democratic governments has lasted for over two decades,” said the FHR. “We cannot allow another process to leave victims without justice, again.”

As the legal battle continues, one thing is clear: the survivors are not backing down. For them, justice is not a report or a recommendation—it’s accountability, recognition, and reparations that have been long overdue.