Seeking truth for apartheid-era crimes
Three judicial matters relating to apartheid era crimes in which love ones are seeking justice will be up for scrutiny in the coming days and months.
This week 25 families and survivors of apartheid-era crimes have filed an application in the Pretoria High Court against President Cyril Ramaphosa and his government.
They seek constitutional damages for the government’s failure to adequately investigate and prosecute apartheid-era political crimes following the Truth and Reconciliation Commission (TRC) process.
The applicants are also requesting an independent, public commission of inquiry into the political interference that suppressed hundreds of serious crimes from South Africa’s past.
The applicants include survivors of significant atrocities and families of victims. Among them are relatives of the Cradock Four, Richard and Irene Motasi, Caiphus Nyoka, the PEBCO 3, the COSAS 4, Nokuthula Simelane, Rick Turner, Musawakhe "Sbho" Phewa, Hoosen Haffejee, Mxolisi "Dicky" Jacobs, Imam Abdullah Haron, Deon Harris, Matthews "Mojo" Mabelane, Ntombikayise Priscilla Kubheka, Ignatius "Iggy" Mthebule, and Nicholas Ramatua "Boiki" Tlhapi.
On Monday the long-awaited inquest into the 1993 Highgate Hotel Massacre in East London is set to begin at the East London Special Tribunal on 27 January 2025 and will run until 7 February 2025.
The Highgate Massacre is considered one of South Africa’s most unresolved tragedies from the Apartheid era.
On May 1, 1993, the massacre resulted in the tragic deaths of Boyce Michael Wheeler, Derek John Whitfield, Stanley Hacking, Deon Harris, and Douglas Gates. Seven others were seriously injured, including Neville Beling, Karl Weber, Billy Baling, Nkosinathi Alfred Gontshi (now deceased), Doreen Roussouw (now deceased), Megan Boucher, and Charles Bodington.
On February 1, the French government will file responding papers in relation to an appeal brought by the family of assassinated anti-apartheid activist Dulcie September in which they are suing the French government for its alleged failure to protect her.
September, a representative of ANC in France and Switzerland, was assassinated outside her Paris office in 1988. Thirty-six years later, her relatives continue their pursuit of accountability and answers.
“We’re trying to get some justice for Dulcie,” said Michael Arendse, her nephew, who has become the family’s spokesperson in this case.
September had been living in Paris for years when she was gunned down. Twice, she approached French authorities, reporting that she was being followed and requesting protection. Despite these warnings, no measures were taken.
“She was fighting against apartheid, and this is part of our history,” Arendse explained. “The truth needs to be told, no matter how uncomfortable it may be. We need to understand what happened to our loved ones and why.”
At a press conference this week, Lukhanyo Calata, son of Fort Calata—one of the Cradock Four murdered in 1985 alongside comrades Matthew Goniwe, Sparrow Mkonto, and Sicelo Mhlauli—spoke emotionally about the struggles his family and others have endured.
“It's sad to be at this point—having to go to court just to get justice, something that is duly mine. But if the government does not give us justice, then what else must we do? We want to know who those political figures were who influenced decisions to deny justice and betray their comrades.”
In the case of the Highgate attack, three decades on and a search for justice by survivors and families, the identities of the attackers and their motives remain unknown.
Initially, the attack was linked to the Azanian People’s Liberation Army (APLA), the military wing of the PAC, but APLA has denied responsibility, citing differences in tactics.
No amnesty applications for the attack were submitted to the Truth and Reconciliation Commission.
Karl Weber, one of the survivors, shared his mixed emotions ahead of the inquest.
"My feelings are very happy but concerned in the same way," Weber told the Weekend Argus.
"Just that feeling that after 32 years, we’re finally getting an inquest, something I feel could’ve been done years ago if they followed up on statements. It’s a little bit emotional, but I’m very excited.”
Neville Beling, who also survived the massacre, recounted the night his life changed forever.
"I'm one of the victims and survivors of the Highgate Massacre. My cousin Roland Park and I decided we were going to go to the Highgate and have one or two drinks. At approximately 22:10, a gunman came in and opened fire.
“I sustained three bullet wounds which left me permanently disabled.”
Beling, who was just 20 years old at the time, has endured over 50 major operations and ongoing medical issues.
“I was in the prime of my life, then the incident left me with mixed emotions, sadness, hurt, and a feeling of being cheated out of a normal life.
“The financial struggle has been immense. My parents were a major support, but they’ve since passed away.”
Beling went on to explain the emotional toll of the years-long search for justice:
“Approximately two to three years ago, we met the right legal team, and doors started opening for us with assistance from the Foundation of Human Rights. We’ve had little help from the SAPS and national prosecutions.
“Emotionally, this has taken a toll on me. With the upcoming case, reliving this horrendous tragedy in the weeks leading up to the case has not been easy.”
Despite the challenges, Beling holds hope for the upcoming inquest: “Although there are emotions of relief, excitement, and apprehension, we may finally get answers and the truth we’ve been seeking for the last 30 years. That’s all we are asking for.”
Survivors like Weber and Beling have been key figures in the pursuit of justice, with this inquest marking a significant step toward uncovering the truth behind the massacre.
Odette Geldenhuys, Head of the Webber Wentzel Pro Bono Department representing the applicants, explained that constitutional damages are a last-resort legal remedy to address grave violations of constitutional rights by the state.
Dr. Zaid Kimmie from the Foundation for Human Rights emphasized that the co-applicants are not acting solely in their own interest but also in the public interest.
The case aims to address the systemic failure caused by political interference in the investigation and prosecution of TRC cases.
For September’s family, this broader push for accountability complements their own legal fight in France. After her murder, an investigation was launched but came to an inconclusive end in 1992.
Determined not to let her memory fade into obscurity, the family decided to take legal action against the French state.
Their lawyer argued that the French government failed in its duty to protect September, citing French law, which mandates state protection in such circumstances.
However, the family’s initial civil case was dismissed on November 16, 2022, with the outcome delivered a month later.
Undeterred, they appealed the decision in March 2023.
The appeal is now scheduled to be heard on Wednesday, April 2, 2025, in Paris’s historic Old Palace of Justice.
The family has lodged their affidavit, and the French government is expected to respond by Tuesday, February 11, 2025.
Arendse acknowledged the challenges of finding September’s actual killers after so many years. “To go looking for the perpetrators now is a long shot,” he admits. “But holding the French state accountable is something we can still do.”
The family seeks more than just justice—they want the truth. They hope to uncover the full story: “Who ordered the assassination? Why was it carried out? And who were the people involved in planning it?”
“One thing I’ve realized over the years is that killers act on orders,” Arendse reflected.
“We want to know not just who pulled the trigger but who was behind the decision and the planning. This is part of our history. The full cycle of truth must be told for us to understand and heal as a country.”
tracy-lynn.ruiters@inl.co.za