Government could be sued for failure to prosecute apartheid atrocities

Government could be taken to court for failing to prosecute atrocities committed against political activists by apartheid security forces, with the activists’ families accusing the ANC of not valuing black lives.

Advocate Yasmin Sooka, respected international human rights expert and former Truth and Reconciliation commissioner, said they had laid the foundation to build a case against the state. They intended to sue for the failure to act on at least 400 cases brought to the state since 2016.

“We need answers about amnesty deal. The state had found resources when it wanted to, we are not going to let this matter go,” Sooka said.

She said there were about 400 cases that were submitted to the state but the National Prosecuting Authority had not acted on them. Of the 400 cases that were submitted to the NPA between 2016 and 2019, there had been only two indictments – those of activist Ahmed Timol and MK operative Nokuthula Simelane, who were both murdered by apartheid security forces in 1971 and 1983 respectively.

Sooka announced that there was a pending indictment for the killers of the Cradock Four – Matthew Goniwe, Fort Calata, Sparrow Mkonto and Sicela Mhlauli, and 22 others. The four were kidnapped in Port Elizabeth and later murdered by security forces in June 1985.

Lukhanyo Calata, a television journalist and son of Fort Calata, and Thembisile Nkadimeng, sister of the late Nokuthula Simelane, vowed to fight until justice was done for their loved ones. They were joined by Imtiaz Cajee, a nephew of the late Ahmed Timol, who pledged to fight side by side, as he did for his uncle.

The trio spoke in a Webinar organised by the Foundation for Human Rights, which was also addressed by Sooka, and Foundation for Human Rights (FHR) chairperson, Haniff Vally Thursday.

Calata said despite a ruling by judge Neville Zietsman that the Cradock Four were killed by state agents, nobody was held accountable or prosecuted for their murders by the ANC government. He said this was because “the ANC did not place value to the lives of black people”.

He said if they did, the killers of the Cradock Four, the Pebco Three, Nokuthula Simelane, Stanza Bopape, and Griffith and Victoria Mxenge, would have been prosecuted a long time ago.

Nokuthula Simelane. Photo: SA History Online

“Because the ANC built its house on sand, does not mean we have forgotten who we are or where we come from. We demand justice. Fort Calata was not sick on that morning he left home, there was high expectation from us from him,” his son said.

Vally questioned why the world accepted atrocities committed during Second World War should be prosecuted but failed to do likewise for apartheid atrocities. This despite apartheid being declared a crime against humanity.

Sooka also raised questions about whether there was a deal between the apartheid authorities and the ANC leadership not to prosecute them for the atrocities they committed against activists.

Nkadimeng emphasised that if there was a deal “we are not part of it”, saying their last hope was the justice system which had shown mettle.

The Simelane killing hearing is expected to commence in October. Nkadimeng said they tried to pursue the issue towards 2010, but the ANC government said it was not a priority and all its officials were busy with preparations for the 2010 Soccer World Cup.

She believes the TRC let them down and its unit at the Department of Justice failed to come up with deliverables on Nokuthula Simelane’s abduction and killing.

Calata said there was no commitment from the ANC administration to resolve the political killings, as was evidenced at the lack of resolve for it at all the ANC national conferences over the years. This despite his great grandfather James Calata having served the ANC as secretary-general loyally for many years.

Former apartheid security branch officer Joao Rodrigues at the South Gauteng High Court last year. He has been charged with the 1971 murder of activist Ahmed Timol and is currently back in court seeking a permanent stay of prosecution. File photo by Itumeleng English/African News Agency (ANA)

Cajee said although one of the killers of his uncle was finally  prosecuted, he believed that “justice delayed is justice denied”.

“I blame the government. The government is responsible – not only the Cyril Ramaphosa government, this includes the Mbeki and the Zuma administrations. Everybody is responsible, the old guard and the new guard,” Cajee said.

ericn@citizen.co.za

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