25 families, survivors of apartheid-era crimes approach courts to force govt to pay R167m in damages
The applicants are survivors and family members of the Highgate Hotel massacre in East London and the Cradock Four murders among others.
The Cradock Four memorial in Cradock, in the Eastern Cape. Picture: Fort Calata Foundation/Facebook
CAPE TOWN - Twenty-five families and survivors of apartheid-era crimes have approached the courts to compel the government to pay constitutional damages of R167 million.
The families also want President Cyril Ramaphosa to establish an independent commission of inquiry into political interference that resulted in the "suppression" of hundreds of serious crimes committed during the brutal apartheid regime.
The applicants are survivors and family members of the Highgate Hotel massacre in East London and the Cradock Four murders among others.
The notice of motion by the survivors lists applicants who include Lukhanyo Calata, the son of Fort Calata, one of the Cradock Four victims murdered by the South African police in 1985.
It also lists Alegria Nyoka representing the family of the late Caiphus Nyoka.
The survivors and their families want the court to declare the conduct of the respondents to be a violation of their constitutional rights for "unlawfully refraining and obstructing the investigation and or prosecution of apartheid-era cases referred by the TRC to the NPA".
Calata addressed a media briefing, saying this was not his favoured course of action.
"It's sad for me to be at this point where I have to go to court just to get what was duly mine, justice."
Calata added that the money won't go to them as individuals and will instead be kept in a trust.
The survivors also say the payment of constitutional damages by the first respondent is for "purposes of affirming constitutional values, vindicating the rights of the applicants and families and deterring future interference".