Thursday, 23 January 2025.

The Economic Freedom Fighters (EFF) expresses our solidarity with the families of 20 missing and murdered anti-apartheid activists who have taken the courageous step of suing the government for R167 million in constitutional damages. This litigation, aimed at addressing decades of systemic injustice and political interference, is both a devastating indictment of the post-apartheid government and a necessary action for accountability.

It is unacceptable that over 30 years after the fall of apartheid, these families still do not have answers or closure about the fate of their loved ones. The Truth and Reconciliation Commission (TRC) failed to deliver meaningful accountability or truth in many of these cases while the further suppression of investigations and prosecutions into apartheid-era crimes has pushed these families to the courts as their last resort. This case represents their pursuit of peace and justice in the face of decades of broken promises.

Among those seeking justice are the families of the Cradock Four, Dr. Hoosen

Haffejee, Matthews Mabelane, Nokuthula Simelane, the Pebco Three, Imam Haron, Richard and Busisiwe Motasi, Iggy Mthebule, Ntombikayise Priscilla Kubheka, victims of the Highgate Hotel massacre, Dr Rick Turner, Musawakhe Phewa, Nicholas Thlapi and many others whose loved ones were murdered, tortured, or disappeared by the apartheid regime. These families have faced unimaginable hurdles, including political interference that delayed or outright blocked investigations and prosecutions of perpetrators.

Evidence provided by former Deputy National Director of Public Prosecutions at the National Prosecuting Authority (NPA) Vusi Pikoli and other senior officials revealed that senior members of the Thabo Mbeki administration interfered with the prosecution of over 300 apartheid-era crimes. Implicated are Jackie Selebi, the former National Commissioner of the police, and Billy Masetlha who was the Director General of the National Intelligence Agency (NIA) who apparently insisted on being consulted before the NPA made a decision whether or not to pursue a TRC case. Despite these revelations, successive governments have failed to act decisively, compounding the pain of the affected families.

This litigation also demands that President Cyril Ramaphosa establish a commission of inquiry to investigate the NPA’s failure to prosecute these cases and the extent of political interference in preventing justice. These families have waited decades for accountability, and it is devastating that their hope for justice now lies in a court battle rather than the democratic institutions that should have provided them with answers.

The ANC’s handling of apartheid-era violence cases has always been suspiciously lenient. In 2015, Vlakplaas commander and assassin Eugene de Kock was granted parole and subsequently lived comfortably on a government salary of R40,000 per month, alongside other perks. Meanwhile, Chris Hani’s murderer, Janusz Waluś, is now a free man in Poland after being granted parole in 2022.

It is incomprehensible that individuals responsible for leading death squads and murdering key members of the ANC’s own ranks are treated so generously. These actions raise serious questions about the ANC’s complicity and whether their leaders have something to hide. The time has come for the real truth to emerge, and for those responsible for betraying the people’s struggle to be held to account.

The EFF, therefore, joins these families in condemning this despicable political interference that has robbed them of justice. The Supreme Court of Appeal has previously confirmed that political interference between 2003 and 2017 obstructed prosecutions recommended by the TRC. In fact, in 2021 the Court instructed current National Director of Public Prosecutions Shamila Batohi to investigate and provide a plan on the necessary action to address this situation, yet no meaningful action has been taken to rectify this, leaving families with the overwhelming burden of seeking justice on their own.

We support the families’ call for accountability and agree that the establishment of an independent commission of inquiry is long overdue. As these families turn to the courts, we commend their courage and commitment to truth and justice. Their fight is a reminder that freedom cannot exist without accountability and that those who sacrificed their lives for our democracy deserve the dignity of truth and justice.

 

ISSUED BY THE ECONOMIC FREEDOM FIGHTERS

Leigh-Ann Mathys (National Spokesperson) 082 304 7572

Thato Lebyane (Media Enquiries) 078 304 7572