The long shadow of apartheid continues to haunt South Africa, as the families of 25 victims and survivors have filed a groundbreaking lawsuit against the government for its failure to prosecute the perpetrators of some of the era’s most notorious crimes. At the heart of the case lies the 1985 murder of the Cradock Four – Fort Calata, Matthew Goniwe, Sicelo Mhlauli, and Sparrow Mkonto – who were brutally killed by state security forces.
A Legacy of Injustice
Fort Calata’s son, Lukhanyo, was only three years old when he attended his father’s funeral. The memory of his mother’s sobs, the trembling earth beneath his feet from the gathered mourners, and the fear he felt as his father’s casket was lowered into the ground has stayed with him ever since. Calata’s murder, along with those of his three comrades, was a defining moment in the struggle against apartheid.
Despite the Truth and Reconciliation Commission (TRC) denying amnesty to six security officers implicated in the killings in 1999, none were ever brought to trial. All have since died, leaving the families without closure or accountability. For Lukhanyo Calata and the other plaintiffs, this is a betrayal by the very leaders they trusted to usher in a new, just society.
Demanding Answers and Compensation
The lawsuit, filed at the high court in Pretoria, seeks to compel the government to launch an inquiry into why there were no prosecutions in the Cradock Four case and other apartheid-era atrocities. It also demands “constitutional damages” amounting to 167 million rand (£7.3m) to fund further investigations, legal action, memorials, and public education initiatives.
Nombuyiselo Mhlauli, widow of the slain Sicelo Mhlauli, spoke of the deep pain and loss she and her children endured following her husband’s murder. The delay in justice has left them “hurt and bitter,” wondering why the government under the African National Congress (ANC) has allowed the process to stagnate for so long.
Allegations of Interference and Suppression
The plaintiffs allege that the TRC cases were deliberately suppressed due to a “plan or arrangement” orchestrated at the highest levels of government. A 2021 supreme court of appeal judgment found that investigations into the TRC cases were halted between 2003 and 2017 as a result of an executive decision, constituting interference with the National Prosecuting Authority (NPA).
Former President Thabo Mbeki, who led South Africa from 1999 to 2008, has denied any interference in the work of the NPA during his tenure. He has called upon the NPA to investigate and prosecute the cases referred to it by the TRC rather than “propagating falsehoods.”
A Fight for Justice and Closure
As the lawsuit unfolds, it serves as a stark reminder that the wounds of apartheid have yet to heal fully. The families and survivors of the regime’s brutality continue to bear the scars of their losses, compounded by the frustration and disappointment of delayed justice.
For Lukhanyo Calata, Nombuyiselo Mhlauli, and the other plaintiffs, this legal battle is not only about seeking redress for past wrongs but also about holding the government accountable for its post-apartheid promises. It is a fight to ensure that the sacrifices made by their loved ones were not in vain and that the truth, however painful, is finally brought to light.
As South Africa grapples with this latest challenge to its reconciliation process, the outcome of this landmark case could have far-reaching implications for the country’s ongoing efforts to confront its past and build a more just and equitable future for all its citizens.
