Today has effectively seen the end of the so-called Apartheid Lawsuit where members of the Khulumani Support Group had brought case against various companies for aiding and abetting violations under apartheid. The case has been dismissed after 10 years. Below I reproduce the full statement from Khulumani on this important issues. I would encourage all readers to contact Khulumani in this regard, contacts are below. Sad day for justice.
Press Release
Joint press release: US Circuit Court dismisses apartheid litigation
Issued by: Khulumani Support Group
[Johannesburg, 22 August 2013]
On Tuesday, 21 August 2013, the 2nd Circuit Court of Appeal dismissed the South Africa Apartheid Lawsuit. The basis of the dismissal was the argument that "the Alien Tort Statute does not reach the extraterritorial conduct in this case", a judgement of the US Supreme Court of Appeals in the Kiobel v Royal Dutch Petroleum Co. case, handed down in April 2013. After the Kiobel judgement, US-based companies may no longer be held accountable for human rights violations that did not take place within the United States.
The dismissal comes more than 10 years after the cases were first filed in a New York District Court in November 2002. The South Africa Apartheid Litigation sued corporations with significant US-based operations for their direct support of the apartheid security agencies. These corporate defendants had either directly, or through their South African subsidiaries, provided the equipment used by the South African apartheid security agencies in committing violations of customary international law. The lawsuit charged the identified companies with aiding and abetting the perpetration of extra-judicial killings, torture, prolonged and arbitrary detention, indiscriminate shooting, rape and the racial classification of the people of South Africa that determined their life prospects over decades. The corporations that stood charged of their complicity in the perpetration of these apartheid crimes included Ford Motor Company, General Motors Corp, Daimler AG, International Business Machines Corporation, Barclays Bank, United Bank of Switzerland, Fujitsu and Rheinmetall, among others.
"We are deeply disappointed by the decision of the 2nd Circuit Court of Appeal, though, in light of the Kiobel decision, it was to be expected," said Shirley Gunn, board member of Khulumani Support Group, the national membership organisation of victims and survivors of apartheid gross human rights violations. South African attorney for the claimants, Charles Abrahams, has said: "Notwithstanding its dismissal, the apartheid cases have contributed to the development of international law related to processes of holding corporations accountable for gross human rights violations. Corporations are increasingly aware that any human rights violations as a result of their operational conduct could attract international law liability."
"The dismissal of the cases, after so many years, once again leaves open and unresolved the unfinished business of the Truth and Reconciliation Commission," said advocate Dumisa Ntsebeza, former Truth and Reconciliation Commissioner. "Organised business has yet to account and take responsibility for their role during apartheid. They have a crucial role to play in helping to close the gap between the haves and the have-nots," said Marjorie Jobson, national director of Khulumani Support Group. "Many claimants have since died without receiving a cent. Only General Motors made a small contribution to which we'll now use to set up an Apartheid Reparations and Rehabilitation Trust Fund for the benefit of the claimants," said John Ngcebetsha and Medi Mokuena, attorneys for the claimants.
The latest decision highlights limitations in international law to hold transnational corporations accountable for complicity in the perpetration of gross human rights violations. In South Africa, the focus returns to the failures of the South African government to adequately and effectively deal with the provision of an inclusive programme of reparations to all victims and survivors of apartheid gross human rights violations – something the South African government claimed it was competent to provide in its original opposition to the South Africa Apartheid Lawsuit. All those disappointed by this latest development expect delivery on these assertions by the South African government.
For further information, you may contact:
Dr Marjorie Jobson, Khulumani Support Group, Mobile: (082) 268 0223, E-mail: marje@khulumani.net
Advocate Dumisa Ntsebeza, Duma Nokwe Group of Advocates, Mobile: (082) 467 2490, E-mail: ntsebeza@mweb.co.za
Charles Abrahams, Abrahams Kiewitz Attorneys, Mobile: (082) 560 7152, E-mail: Charles@ak.law.za
John Ngcebetsha, Ngcebetsha Madlanga Attorneys, Mobile: (082) 335 4189, E-mail: john@maaattorneys.co.za
Medi Mokuena, Mokuena Attorneys, Mobile: (078) 792 3038, E-mail: medim@mokuenaattorneys.co.za
Shirley Gunn, Human Rights Media Centre, Mobile: (082) 450 9276, E-mail: director@hrmc.org.za
Editorial contacts
Khulumani Support Group
Marjorie Jobson
(+27) 11 833 2044
marje@khulumani.net
Original Press Release on Khulumani.Net
Showing posts with label Apartheid. Show all posts
Showing posts with label Apartheid. Show all posts
Thursday, August 22, 2013
Friday, April 25, 2008
Learning from a trip down memory lane
The Tenement Museum in New York tells the story of a tenement building in the city used as low-income rental apartments for immigrants coming to the US between 1863 and 1935. Over these years, the building housed over 7 000 immigrants from more than 20 countries.
The museum takes you back in time through the re-creation of the apartments and tells the stories of the different people who lived in them. On visiting the museum recently, it was the life of Natalie Gumpertz, a Prussian immigrant, which touched me. After her husband went missing in 1874, she raised three girls alone and pulled her family out of poverty through dressmaking and a small inheritance. Focusing on stories like Natalie’s helps you realise that everyone has a story, even those who are seemingly forgotten.
Visiting this museum got me thinking about my own history. I am lucky because I have a dedicated relative who has spent an enormous amount of time tracing the family roots. As a result, I have information about my relatives, at least on one side of the family, back to 1769.
Without boring those who are not interested in my background, what has been significant about the process is to see how the family has changed over time. There are successful relatives as well as those who had problems, like alcoholism. However, what is undeniable is that even after periods of hardship and some relatives sinking into poverty, the family recovered and moved forward.
I understand this might not be the case in all families, and appreciate that in the South African context it has been difficult for many people to lift themselves out of poverty because of apartheid. However, one of the other impacts of apartheid and colonisation is that many people have lost touch with their history. Most South Africans know little about their families beyond the memories of living relatives.
Families were separated because of apartheid migrant labour and even whites were often cut off from their country of origin. The result of this has been a simplifying of the South African story. The dominant view is that all whites are somehow descendants of privilege, and diverse cultures in the black community are perceived as homogenous.
Of course, this is complicated by the fact that in South Africa, whites, largely because of apartheid, ended up being more advantaged than most black South Africans, who were shamefully discriminated against by whites. But thinking of South African national identity through the prism of the present can be limit- ing.
Many extraordinary historical stories of everyday resilience in the black community have been lost, or superseded by the bigger story of fighting against apartheid. That many white immigrants to South Africa were fleeing persecution and poverty is also underemphasised. Of course, this cannot hide the larger story of how many of these individuals then persecuted black South Africans. But my point is that losing touch with one’s history means one is more prone to repeat its negative aspects rather than learning from them. This results in those who were mistreated maltreating others, or those who make it out of poverty even today forgetting about their fellow citizens in the poverty trap.
I am not advocating a sanitised and sentimental trip down memory lane or suggesting that having poverty or discrimination in one’s background justifies one’s actions. But, rather, the process of uncovering my own family tree has taught me how change happens and to appreciate resilience, and that all history is marked with imperfection.
South Africa, not to mention Northern Ireland, could do with more complex and nuanced historical storytelling. It is only when we become aware of the indivi-dual journeys we have all travelled, and particularly how flawed these are in most cases, that we can really get to know one another and transform the present with a sense of humility and purpose.
This article by Brandon Hamber was published on Polity and in the Engineering News on 25 April 2008as part of the column "Look South". Copyright Brandon Hamber.
The museum takes you back in time through the re-creation of the apartments and tells the stories of the different people who lived in them. On visiting the museum recently, it was the life of Natalie Gumpertz, a Prussian immigrant, which touched me. After her husband went missing in 1874, she raised three girls alone and pulled her family out of poverty through dressmaking and a small inheritance. Focusing on stories like Natalie’s helps you realise that everyone has a story, even those who are seemingly forgotten.
Visiting this museum got me thinking about my own history. I am lucky because I have a dedicated relative who has spent an enormous amount of time tracing the family roots. As a result, I have information about my relatives, at least on one side of the family, back to 1769.
Without boring those who are not interested in my background, what has been significant about the process is to see how the family has changed over time. There are successful relatives as well as those who had problems, like alcoholism. However, what is undeniable is that even after periods of hardship and some relatives sinking into poverty, the family recovered and moved forward.
I understand this might not be the case in all families, and appreciate that in the South African context it has been difficult for many people to lift themselves out of poverty because of apartheid. However, one of the other impacts of apartheid and colonisation is that many people have lost touch with their history. Most South Africans know little about their families beyond the memories of living relatives.
Families were separated because of apartheid migrant labour and even whites were often cut off from their country of origin. The result of this has been a simplifying of the South African story. The dominant view is that all whites are somehow descendants of privilege, and diverse cultures in the black community are perceived as homogenous.
Of course, this is complicated by the fact that in South Africa, whites, largely because of apartheid, ended up being more advantaged than most black South Africans, who were shamefully discriminated against by whites. But thinking of South African national identity through the prism of the present can be limit- ing.
Many extraordinary historical stories of everyday resilience in the black community have been lost, or superseded by the bigger story of fighting against apartheid. That many white immigrants to South Africa were fleeing persecution and poverty is also underemphasised. Of course, this cannot hide the larger story of how many of these individuals then persecuted black South Africans. But my point is that losing touch with one’s history means one is more prone to repeat its negative aspects rather than learning from them. This results in those who were mistreated maltreating others, or those who make it out of poverty even today forgetting about their fellow citizens in the poverty trap.
I am not advocating a sanitised and sentimental trip down memory lane or suggesting that having poverty or discrimination in one’s background justifies one’s actions. But, rather, the process of uncovering my own family tree has taught me how change happens and to appreciate resilience, and that all history is marked with imperfection.
South Africa, not to mention Northern Ireland, could do with more complex and nuanced historical storytelling. It is only when we become aware of the indivi-dual journeys we have all travelled, and particularly how flawed these are in most cases, that we can really get to know one another and transform the present with a sense of humility and purpose.
This article by Brandon Hamber was published on Polity and in the Engineering News on 25 April 2008as part of the column "Look South". Copyright Brandon Hamber.
Sunday, January 29, 2006
TRC joins fight as apartheid victims and state clash
Christelle Terreblanche wrote an interesting piece in the Sunday Independent recently (22 January 2006), entitled "TRC joins fight as apartheid victims and state clash". It begins: "As the government prepares to celebrate the 10th anniversary of the Truth and Reconciliation Commission (TRC), two pending clashes show just how wide the gulf between civil society and the government over the commission's legacy has grown. On Tuesday Brigitte Mabandla, the justice minister, will square off against two sets of lawyers representing thousands of apartheid victims at an appeal hearing in New York over their 2002 compensation claims brought against foreign multinational companies and banks they accuse of aiding and abetting apartheid violence. The government is opposing the claims, saying the case interferes with South Africa's sovereignty and will impede foreign investment...". To read the article click here.
Wednesday, December 1, 2004
Judge dismisses the so-called “apartheid lawsuits”
PRESS STATEMENT
December 1, 2004
Judge dismisses the so-called “apartheid lawsuits”
On 29 November, 2004, Judge Sprizzo dismissed the so-called “apartheid lawsuits” brought to the New York Court under the US Alien Tort Claims Act.
The Khulumani Support Group is not deterred by the judgment made by Judge Sprizzo in dismissing the Khulumani Lawsuit along with the other so-called “apartheid lawsuits”.
In contrast to the broader lawsuits of the other parties, the Khulumani Lawsuit has a legal focus which is much more clearly defined. The Khulumani Lawsuit must be considered independently of these other lawsuits, and notice to appeal the judgment dismissing the lawsuit has been filed in a higher court in the USA.
Khulumani Support Group will shortly be commencing a national awareness campaign – “Say Yes to Redress” – on the Day of Reconciliation, 16 December 2004.
“We will never give up. Securing justice will be a long and arduous journey, but we will undertake it. This is just the beginning of the struggle for real justice.”
Khulumani will continue to be the voice for those South Africans living marginal existences, for those still searching for the remains of their children murdered by apartheid security forces; and for those left incapacitated in multiple ways by human rights violations.
On World AIDS Day 2004, Khulumani acknowledges that poverty and undernutrition are risk factors for the development of AIDS in those infected with HIV. It is befitting that we remember that the root causes of poverty in South Africa were part of a deliberate strategy by the apartheid government to keep the majority of the people of this country from developing their own voice. Khulumani means “speak out” and is the voice of over 44000 members.
Notes to editor:
Khulumani Support Group’s membership are direct and indirect victims of gross human rights violations committed during the apartheid era. The Truth and Reconciliation Commission stated that for reconciliation to take place, reparations and rehabilitation were needed. In the fifth year after the TRC handed in its report to government, reparations began to be paid out in the amount of R30 000,00 per identified victim.
The unheard voices of countless other victims have been ignored and instead, the process of amnesty has not only let many perpetrators completely off the hook; some of them have received handsome pension payouts and, ten years later are receiving treatment, paid for by the State, for post-traumatic stress disorder. The post-traumatic stress of being a victim appears to have been completely overlooked.
Issued by: Campaign Coordinator Khulumani International Lawsuit Campaign c/o Khulumani Support Group National Office 3rd Floor Heerengracht Building 87 de Korte Street Braamfontein 2017 Johannesburg Tel: +27-11-403-4098 / 4396 Fax: +27-11-403-0878 E-mail: redress@khulumani.net Website: www.khulumani.net
December 1, 2004
Judge dismisses the so-called “apartheid lawsuits”
On 29 November, 2004, Judge Sprizzo dismissed the so-called “apartheid lawsuits” brought to the New York Court under the US Alien Tort Claims Act.
The Khulumani Support Group is not deterred by the judgment made by Judge Sprizzo in dismissing the Khulumani Lawsuit along with the other so-called “apartheid lawsuits”.
In contrast to the broader lawsuits of the other parties, the Khulumani Lawsuit has a legal focus which is much more clearly defined. The Khulumani Lawsuit must be considered independently of these other lawsuits, and notice to appeal the judgment dismissing the lawsuit has been filed in a higher court in the USA.
Khulumani Support Group will shortly be commencing a national awareness campaign – “Say Yes to Redress” – on the Day of Reconciliation, 16 December 2004.
“We will never give up. Securing justice will be a long and arduous journey, but we will undertake it. This is just the beginning of the struggle for real justice.”
Khulumani will continue to be the voice for those South Africans living marginal existences, for those still searching for the remains of their children murdered by apartheid security forces; and for those left incapacitated in multiple ways by human rights violations.
On World AIDS Day 2004, Khulumani acknowledges that poverty and undernutrition are risk factors for the development of AIDS in those infected with HIV. It is befitting that we remember that the root causes of poverty in South Africa were part of a deliberate strategy by the apartheid government to keep the majority of the people of this country from developing their own voice. Khulumani means “speak out” and is the voice of over 44000 members.
Notes to editor:
Khulumani Support Group’s membership are direct and indirect victims of gross human rights violations committed during the apartheid era. The Truth and Reconciliation Commission stated that for reconciliation to take place, reparations and rehabilitation were needed. In the fifth year after the TRC handed in its report to government, reparations began to be paid out in the amount of R30 000,00 per identified victim.
The unheard voices of countless other victims have been ignored and instead, the process of amnesty has not only let many perpetrators completely off the hook; some of them have received handsome pension payouts and, ten years later are receiving treatment, paid for by the State, for post-traumatic stress disorder. The post-traumatic stress of being a victim appears to have been completely overlooked.
Issued by: Campaign Coordinator Khulumani International Lawsuit Campaign c/o Khulumani Support Group National Office 3rd Floor Heerengracht Building 87 de Korte Street Braamfontein 2017 Johannesburg Tel: +27-11-403-4098 / 4396 Fax: +27-11-403-0878 E-mail: redress@khulumani.net Website: www.khulumani.net
Thursday, October 7, 2004
Should business pay for apartheid?
Should business pay for apartheid?
Jon Robins wrote an interesting article in The Times recently, the article begins, "WHAT responsibility does IBM have for South Africans beaten and tortured under apartheid? A connection might not be apparent but Michael Hausfeld, an American lawyer, is arguing that there is one. The computer giant is one of 20 multinationals (including British ones such as Barclays Bank) being sued via the US courts under an arcane 18th-century statute for their role in supporting a racist regime. Last week Hausfeld, who was a leading lawyer in the legal action against the Swiss banks for Holocaust survivors, filed an amicus brief -or legal opinion -in a New York court on behalf of the Khulumani Support Group (the name means "speak out" in Zulu). "The decisions made by this court will shape the future of human rights litigation," he argues. "They will reverberate beyond the courthouse walls to the ears of officials and private (citizens) across the world." To read more of this article visit The Times Law Page, click on the link down the page and register. It is free and easy.
Jon Robins wrote an interesting article in The Times recently, the article begins, "WHAT responsibility does IBM have for South Africans beaten and tortured under apartheid? A connection might not be apparent but Michael Hausfeld, an American lawyer, is arguing that there is one. The computer giant is one of 20 multinationals (including British ones such as Barclays Bank) being sued via the US courts under an arcane 18th-century statute for their role in supporting a racist regime. Last week Hausfeld, who was a leading lawyer in the legal action against the Swiss banks for Holocaust survivors, filed an amicus brief -or legal opinion -in a New York court on behalf of the Khulumani Support Group (the name means "speak out" in Zulu). "The decisions made by this court will shape the future of human rights litigation," he argues. "They will reverberate beyond the courthouse walls to the ears of officials and private (citizens) across the world." To read more of this article visit The Times Law Page, click on the link down the page and register. It is free and easy.
Should business pay for apartheid?
Jon Robins has recently written a good piece in The Times outlining the details of Apartheid reparations lawsuits and what separates out the difference cases. He also highlights the support of the Khulumani Victim Support Group case by Archbishop Tutu and a range of others. The article begins by asking "What responsibility does IBM have for South Africans beaten and tortured under apartheid? A connection might not be apparent but Michael Hausfeld, an American lawyer, is arguing that there is one. The computer giant is one of 20 multinationals (including British ones such as Barclays Bank) being sued via the US courts under an arcane 18th-century statute for their role in supporting a racist regime. Last week Hausfeld, who was a leading lawyer in the legal action against the Swiss banks for Holocaust survivors, filed an amicus brief -or legal opinion -in a New York court on behalf of the Khulumani Support Group (the name means "speak out" in Zulu). "The decisions made by this court will shape the future of human rights litigation," he argues. "They will reverberate beyond the courthouse walls to the ears of officials and private (citizens) across the world."
Job Robins goes on to note that "Certainly, the document will be hard to ignore, as much as the South African Government would like to. Archbishop Desmond Tutu, other members of the South African Truth and Reconciliation Commission and dozens of international human rights groups are signatories. The reason for its timing is a ruling by the US Supreme Court (Sosa v Alvarez-Machain) on the Alien Tort Claims Act 1789. That controversial legislation allows companies to be sued in the American courts for human rights breaches committed anywhere in the world". If you would like to read more about this visit The Times site Law Page and link to the story on their home page. You will need to register with them to read it, but registration is free and if you are interested in this case the article is very enlightening.
Job Robins goes on to note that "Certainly, the document will be hard to ignore, as much as the South African Government would like to. Archbishop Desmond Tutu, other members of the South African Truth and Reconciliation Commission and dozens of international human rights groups are signatories. The reason for its timing is a ruling by the US Supreme Court (Sosa v Alvarez-Machain) on the Alien Tort Claims Act 1789. That controversial legislation allows companies to be sued in the American courts for human rights breaches committed anywhere in the world". If you would like to read more about this visit The Times site Law Page and link to the story on their home page. You will need to register with them to read it, but registration is free and if you are interested in this case the article is very enlightening.
Wednesday, September 29, 2004
Hausfeld files an Amicus Brief
PRESS STATEMENT
September 29, 2004
Hausfeld files an Amicus Brief in support of Khulumani's lawsuit endorsed by many heavyweights in the international human rights movement
September 29, 2004 Tonight, Michael Hausfeld, the human rights lawyer representing the Khulumani Support Group, filed an amicus brief -or legal opinion -in a New York court in support of Khulumani's litigation against specific foreign corporations which aided and abetted the apartheid government. "The decisions (to be) made by the court charged with deciding on this lawsuit, will shape the future of human rights litigation and will reverberate beyond the courthouse walls to the ears of officials and private (citizens) across the world", says Hausfeld. The amicus brief has been endorsed by 207 signatories, including Archbishop Desmond Tutu, Joseph Stiglitz and Charles Ogletree.
Khulumani filed their lawsuit in New York in November 2002 using the Alien Tort Claims Act 1789 - a controversial legislation which allows companies to be sued in the American courts for human rights breaches committed anywhere in the world. The reason for the timing of the present filing is the June 29 ruling by the US Supreme Court on the applicability of the Alien Tort Claims Act 1789 (the Sosa v Alvarez-Machain ruling) which confirmed that companies could be sued in the American courts for human rights violations committed anywhere in the world. British human rights lawyer, Martyn Day says, "This 1789 Act is considered the most progressive and prohuman-rights law on the US statute books".
Khulumani's lawsuit seeks to hold 23 multinational corporations accountable for their role in supporting an environment in which Gross violations of human rights were made possible. The case represents the strongest case yet globally for advancing the extension of fundamental human rights to include the practices of governments and foreign multinationals anywhere in the world and to obligate adherence to behaviour that respects basic human dignity and provides redress for violations of these universally recognised norms and standards. "These are rights that should be litigated in every judicial system in the world", says Hausfeld.
The only obstacle standing in the way of "an automatic acceptance" of the case is seen as the opposition of the South African Government which called on the US courts in July last year to dismiss all apartheid-related cases in US courts on the grounds that these would have the effect of setting up a surrogate government (on account of the quantity of damages being requested) and that they would undermine the contributions that "corporate South Africa are already making to(wards) the broad national goal of rehabilitating the lives of those affected by apartheid".
But, these arguments do not apply to the Khulumani lawsuit which names as defendants only those foreign corporations that refused to participate in the TRC process and that failed to take responsibility for their involvement in the apartheid state's security apparatuses. The Khulumani lawsuit seeks to engage corporations in a dialogue in relation to what they might contribute towards repairing the damage done to individuals and communities in South Africa. The Khulumani action is likely to be the crucial test for the 1789 Act. It is certainly the most credible of the apartheid lawsuits claims and with the existing endorsements, it will be hard to ignore.
FOR MORE INFORMATION, please contact:
Marjorie Jobson, Chairperson, Khulumani Support Group, mrjobson@lantic.net Tel: +27-82-268-0223; or Charles Abrahams, Attorney, Abrahams Kiewitz Attorneys, ak-law@iafrica.com Tel +27-21-934-4842 or visit the website www.cmht.com
September 29, 2004
Hausfeld files an Amicus Brief in support of Khulumani's lawsuit endorsed by many heavyweights in the international human rights movement
September 29, 2004 Tonight, Michael Hausfeld, the human rights lawyer representing the Khulumani Support Group, filed an amicus brief -or legal opinion -in a New York court in support of Khulumani's litigation against specific foreign corporations which aided and abetted the apartheid government. "The decisions (to be) made by the court charged with deciding on this lawsuit, will shape the future of human rights litigation and will reverberate beyond the courthouse walls to the ears of officials and private (citizens) across the world", says Hausfeld. The amicus brief has been endorsed by 207 signatories, including Archbishop Desmond Tutu, Joseph Stiglitz and Charles Ogletree.
Khulumani filed their lawsuit in New York in November 2002 using the Alien Tort Claims Act 1789 - a controversial legislation which allows companies to be sued in the American courts for human rights breaches committed anywhere in the world. The reason for the timing of the present filing is the June 29 ruling by the US Supreme Court on the applicability of the Alien Tort Claims Act 1789 (the Sosa v Alvarez-Machain ruling) which confirmed that companies could be sued in the American courts for human rights violations committed anywhere in the world. British human rights lawyer, Martyn Day says, "This 1789 Act is considered the most progressive and prohuman-rights law on the US statute books".
Khulumani's lawsuit seeks to hold 23 multinational corporations accountable for their role in supporting an environment in which Gross violations of human rights were made possible. The case represents the strongest case yet globally for advancing the extension of fundamental human rights to include the practices of governments and foreign multinationals anywhere in the world and to obligate adherence to behaviour that respects basic human dignity and provides redress for violations of these universally recognised norms and standards. "These are rights that should be litigated in every judicial system in the world", says Hausfeld.
The only obstacle standing in the way of "an automatic acceptance" of the case is seen as the opposition of the South African Government which called on the US courts in July last year to dismiss all apartheid-related cases in US courts on the grounds that these would have the effect of setting up a surrogate government (on account of the quantity of damages being requested) and that they would undermine the contributions that "corporate South Africa are already making to(wards) the broad national goal of rehabilitating the lives of those affected by apartheid".
But, these arguments do not apply to the Khulumani lawsuit which names as defendants only those foreign corporations that refused to participate in the TRC process and that failed to take responsibility for their involvement in the apartheid state's security apparatuses. The Khulumani lawsuit seeks to engage corporations in a dialogue in relation to what they might contribute towards repairing the damage done to individuals and communities in South Africa. The Khulumani action is likely to be the crucial test for the 1789 Act. It is certainly the most credible of the apartheid lawsuits claims and with the existing endorsements, it will be hard to ignore.
FOR MORE INFORMATION, please contact:
Marjorie Jobson, Chairperson, Khulumani Support Group, mrjobson@lantic.net Tel: +27-82-268-0223; or Charles Abrahams, Attorney, Abrahams Kiewitz Attorneys, ak-law@iafrica.com Tel +27-21-934-4842 or visit the website www.cmht.com
Thursday, September 2, 2004
Apartheid-era graveyard found
News24 reported recently that an Apartheid-era graveyard has been found. The article
edited by Tisha Steyn read "The Scorpions confirmed reports that they had discovered a secret apartheid-era graveyard containing the remains of 18 members of Mkhonto We Sizwe (MK), SABC reported on Monday. The remains were believed to have been buried by security police in the former Bophuthatswana homeland in the mid 80s. Police investigators said some of the victims were believed to have been blown up while trying to set off land mines. Others appeared to have been burnt to death by means of "fake necklacing". Former Truth Reconciliation Commission commissioner Dumisa Ntsebeza said some of the dead MK members could have been victims who were mentioned during amnesty applications".
edited by Tisha Steyn read "The Scorpions confirmed reports that they had discovered a secret apartheid-era graveyard containing the remains of 18 members of Mkhonto We Sizwe (MK), SABC reported on Monday. The remains were believed to have been buried by security police in the former Bophuthatswana homeland in the mid 80s. Police investigators said some of the victims were believed to have been blown up while trying to set off land mines. Others appeared to have been burnt to death by means of "fake necklacing". Former Truth Reconciliation Commission commissioner Dumisa Ntsebeza said some of the dead MK members could have been victims who were mentioned during amnesty applications".
Friday, August 27, 2004
Commemorating International Day of the Disappeared
On Monday August 30, 2004, International Day of the Disappeared will be commemorated for the first time in South Africa at a public gathering to be held in the Library Gardens, Johannesburg between 12:30 and 13:30 on Monday, August 30, 2004. This gathering will highlight the disappearances which occurred in our country during Apartheid. You are warmly invited to attend. The event is hosted by the Khulumani Support Group, the press statement is below:
Public Gathering to Commemorate International Day of the Disappeared on August 30th 2004 in the Johannesburg Library Gardens between 12:30 and 13:30
On Monday August 30, 2004, International Day of the Disappeared will be commemorated for the first time in South Africa at a public gathering to be held in the Library Gardens, Johannesburg between 12:30 and 13:30 on Monday, August 30, 2004. This gathering will highlight the disappearances which occurred in our country during Apartheid. You are warmly invited to attend.
Who is a disappeared person?
“A disappeared person is a person arrested, detained, abducted or otherwise deprived of his / her liberty by officials of different branches or levels of government or by organized groups or private individuals acting on their behalf, or with the support, direct or indirect, consent or acquiescence of the government, followed by a refusal to disclose the fact or whereabouts of the person concerned or a refusal to acknowledge the deprivation of his/her liberty, thereby placing such persons outside the protection of the law.” Draft International Convention on the Protection of all Persons from Forced Disappearance
While the Draft Convention provides a legal definition of a ‘disappeared person’, it does not explain the impact that a case of disappearance has on the lives of family members of the disappeared.
“…living in a vacuum caused by the uncertainty about what happened to their family member is a daily torture. There can be no rest, no mourning, no closure as long as the truth has not emerged. This search for the truth is extremely frustrating and painful, and family members are often completely alone in their despair.” - Ewoud Plate, Coordinator of the Project Linking Solidarity
The Final Report of the Truth and Reconciliation Commission in South Africa states that the TRC received more than 1500 victim statements concerning persons who went missing or who disappeared after being forcibly abducted during the period between 1960 and 1994. Some of these cases were resolved as a result of various amnesty hearings for perpetrators. In 477 cases, some investigations have been conducted without determining the actual fate of the persons named. The remaining cases have not been investigated or resolved. These cases represent one aspect of the Unfinished Business of the TRC.
“The resolution of […] disappearance cases is perhaps the most significant piece of unfinished business for the commission. The commission is therefore of the view that these cases should not simply be abandoned, but that further mechanisms should be put in place to finalize them.” Volume Six, Truth and Reconciliation Commission of South Africa Report
The Project on Disappearances, ‘The Voiceless Silent’ launched by Khulumani Support Group (KSG) is one “mechanism” [1] towards securing some closure on these matters for family members. The project was established for the purpose of helping the families of disappeared South Africans to deal with the medical, legal, social and psychological effects of having a loved-one disappear and to support them in the process of trying to find out what really happened.
Khulumani Support Group is a membership organisation of people who were the direct or indirect victims of apartheid violence and gross human rights abuses. Its mission is the re-empowerment of these survivors and their reintegration into mainstream society. The organisation has a national database of information about disappeared South Africans, which is being used towards filling some of the gaps for family members.
Our partners in this work nationally are the Centre for the Study of Violence and Reconciliation (CSVR) and the Task Force on Disappearances of the National Prosecuting Authority (NPA). Khulumani Support Group is also a founding member of RADIF, Réseau Africain Contre les Disparitions Forcées (RADIF), an African-based co-ordinating body for the network of African NGOs working in the domain of enforced disappearances, which was established in June 2003. Work is underway to develop a Southern African Network on Disappearances (SANAD) to link relevant organisations in this region.
For further information please contact:
Marjorie Jobson 082 268 0223
Francois Giasson 072 971 7715 or the above mentioned Khulumani Support Group National Office.
[1] Volume Six. Truth and Reconciliation Commission of South Africa. Report. Cape Town, 2003, p. 532
Board Members
Shirley Gunn
Brandon Hamber (Northern Ireland)
Marjorie Jobson
Kabelo Lengane
Tlhoki Mofokeng
Musa Ndlovu
Alegria Nyoka
Sipho Phuwani
Ike Tlholwe
KHULUMANI SUPPORT GROUP PRESS RELEASE
On Monday August 30, 2004, International Day of the Disappeared will be commemorated for the first time in South Africa at a public gathering to be held in the Library Gardens, Johannesburg between 12:30 and 13:30 on Monday, August 30, 2004. This gathering will highlight the disappearances which occurred in our country during Apartheid. You are warmly invited to attend.
Who is a disappeared person?
“A disappeared person is a person arrested, detained, abducted or otherwise deprived of his / her liberty by officials of different branches or levels of government or by organized groups or private individuals acting on their behalf, or with the support, direct or indirect, consent or acquiescence of the government, followed by a refusal to disclose the fact or whereabouts of the person concerned or a refusal to acknowledge the deprivation of his/her liberty, thereby placing such persons outside the protection of the law.” Draft International Convention on the Protection of all Persons from Forced Disappearance
While the Draft Convention provides a legal definition of a ‘disappeared person’, it does not explain the impact that a case of disappearance has on the lives of family members of the disappeared.
“…living in a vacuum caused by the uncertainty about what happened to their family member is a daily torture. There can be no rest, no mourning, no closure as long as the truth has not emerged. This search for the truth is extremely frustrating and painful, and family members are often completely alone in their despair.” - Ewoud Plate, Coordinator of the Project Linking Solidarity
The Final Report of the Truth and Reconciliation Commission in South Africa states that the TRC received more than 1500 victim statements concerning persons who went missing or who disappeared after being forcibly abducted during the period between 1960 and 1994. Some of these cases were resolved as a result of various amnesty hearings for perpetrators. In 477 cases, some investigations have been conducted without determining the actual fate of the persons named. The remaining cases have not been investigated or resolved. These cases represent one aspect of the Unfinished Business of the TRC.
“The resolution of […] disappearance cases is perhaps the most significant piece of unfinished business for the commission. The commission is therefore of the view that these cases should not simply be abandoned, but that further mechanisms should be put in place to finalize them.” Volume Six, Truth and Reconciliation Commission of South Africa Report
The Project on Disappearances, ‘The Voiceless Silent’ launched by Khulumani Support Group (KSG) is one “mechanism” [1] towards securing some closure on these matters for family members. The project was established for the purpose of helping the families of disappeared South Africans to deal with the medical, legal, social and psychological effects of having a loved-one disappear and to support them in the process of trying to find out what really happened.
Khulumani Support Group is a membership organisation of people who were the direct or indirect victims of apartheid violence and gross human rights abuses. Its mission is the re-empowerment of these survivors and their reintegration into mainstream society. The organisation has a national database of information about disappeared South Africans, which is being used towards filling some of the gaps for family members.
Our partners in this work nationally are the Centre for the Study of Violence and Reconciliation (CSVR) and the Task Force on Disappearances of the National Prosecuting Authority (NPA). Khulumani Support Group is also a founding member of RADIF, Réseau Africain Contre les Disparitions Forcées (RADIF), an African-based co-ordinating body for the network of African NGOs working in the domain of enforced disappearances, which was established in June 2003. Work is underway to develop a Southern African Network on Disappearances (SANAD) to link relevant organisations in this region.
For further information please contact:
Marjorie Jobson 082 268 0223
Francois Giasson 072 971 7715 or the above mentioned Khulumani Support Group National Office.
[1] Volume Six. Truth and Reconciliation Commission of South Africa. Report. Cape Town, 2003, p. 532
Board Members
Shirley Gunn
Brandon Hamber (Northern Ireland)
Marjorie Jobson
Kabelo Lengane
Tlhoki Mofokeng
Musa Ndlovu
Alegria Nyoka
Sipho Phuwani
Ike Tlholwe
Thursday, August 12, 2004
Endorse the Apartheid Lawsuit
Today the Khulumani group launched a campaign to get endorsements for their lawsuit against companies that supported apartheid. To read more about this, and consider whether you will endorse the campaign, click here.
Monday, August 9, 2004
Apartheid's final surrender
The Mail and Guardian reported recently that "the party that built apartheid and turned South Africa into a pariah state completed its march to oblivion on Saturday by deciding to merge with its one-time nemesis, the African National Congress. The New National Party, heir of a mighty movement that jailed Nelson Mandela and built nuclear bombs, said its shrunken membership would dissolve and fight future elections under the banner of the black ruling party. A meeting of the NNP's federal council proposed that members join the ANC, a bitterly ironic twist for a party founded almost a century ago to promote the interests of white Afrikaners and keep blacks from power.Officials are to retain their party membership and parliamentary and local government seats as a transitional arrangement until September 2005. 'Individual members of the NNP would be encouraged to join the ANC in their respective localities. The NNP will in future contest elections under the banner of the ANC,' the NNP said in a statement".
Sunday, April 18, 2004
Overcoming Apartheid: Can Truth Reconcile a Divided Nation?
Overcoming Apartheid: Can Truth Reconcile a Divided Nation? This is the second entry in Gibson’s “Overcoming Trilogy” (the first was Overcoming Intolerance in South Africa: Experiments in Democratic Persuasion, Cambridge University Press). Russell Sage describes the book as follows: Overcoming Apartheid reports on the largest and most comprehensive study of post-apartheid attitudes in South Africa to date, involving a representative sample of all major racial, ethnic, and linguistic groups. Grounding his analysis of “truth” in theories of collective memory, Gibson discovers that the process has been most successful in creating a common understanding of the nature of apartheid, more...
Monday, March 15, 2004
Tuesday, February 24, 2004
Swiss govt against apartheid reparations case
An American court should not decide a class action law suit seeking reparations for apartheid from international companies, the Swiss government said on Tuesday.
"We are particularly concerned about the extraterritorial application of US laws," said Swiss ambassador Eric Martin of the multi-billion rand law suit, which targeted a number of international companies, including some Swiss banks. Martin, who was addressing a group of South African journalists in Berne, said the Swiss government was following the developments in the Washington district court "very closely" and were in regular contact with stakeholders across the world. More...
"We are particularly concerned about the extraterritorial application of US laws," said Swiss ambassador Eric Martin of the multi-billion rand law suit, which targeted a number of international companies, including some Swiss banks. Martin, who was addressing a group of South African journalists in Berne, said the Swiss government was following the developments in the Washington district court "very closely" and were in regular contact with stakeholders across the world. More...
Friday, February 6, 2004
Government dismiss Tutu's support for Reparations
Sapa and Christelle Terreblanche report that: The government is dismissive of Anglican Archbishop Emeritus Desmond Tutu's support for reparations cases brought before United States courts by apartheid victims. If Tutu had discussed his concerns with the minister of justice, who asked the court in July to dismiss the suits, he would have had a clearer understanding of the position of the government, its chief spokesperson, Joel Netshitenzhe. More...
Saturday, November 15, 2003
Judge Skeptical Over Apartheid Suits
A federal judge suggested on Thursday he might dismiss litigation seeking to hold a long list of corporate defendants liable for aiding the violent South African apartheid regime. More... [but remember, for those of you following this there are two cases. One headed by Ed Fagan, who has now been fired apparently by those he is representing - to which the above headline refers. The other case is by Khulumani and went more favourably largely because of its more specific focus. This is explained in the article].
Wednesday, November 12, 2003
Reparations: An Interdisciplinary Examination
The Department of Philosophy and the Forum for Philosophy and Public Policy at Queen's University in Canada are pleased to announce a conference, "Reparations: An Interdisciplinary Examination of Some Philosophical Issues", to be held on the Queen's campus from February 6-8, 2004. Coming from five continents, the well-known group of speakers will draw on their diverse expertise and experiences as economists, lawyers, philosophers, political theorists, psychologists, public policy specialists and
representatives of NGOs to examine a range of philosophical issues pertaining to four different reparations cases: reparations for victims of war, reparations for indigenous peoples, reparations for victims of colonialism, and reparations for victims of slavery.
representatives of NGOs to examine a range of philosophical issues pertaining to four different reparations cases: reparations for victims of war, reparations for indigenous peoples, reparations for victims of colonialism, and reparations for victims of slavery.
For more information, visit the conference website (http://www.queensu.ca/conferences/reparations) or contact the conference organizer, Jon Miller (Department of Philosophy, Queen's University, Kingston, Ontario, K7L 3N6, Canada; phone: 613-533-2182; email: miller@post.queensu.ca).
Sunday, November 2, 2003
Biko: 'Killers' not prosecuted
Heard today that the five policemen who were accused of killing anti-apartheid activist Steve Biko in 1977 will not be prosecuted, justice ministry officials said on Tuesday. The unit found that there was insufficient evidence, in part because there were no eyewitnesses to the killing, to support a murder charge. Charges of culpable homicide and assault were also considered, but because the killing of the black consciousness movement leader occurred in 1977, the time frame for prosecution had lapsed.
Friday, October 17, 2003
South African court rules: indigenous peoples
On 14 October 2003, in one of the most historic court judgments ever made in favour of indigenous peoples, the Constitutional Court of South Africa ruled that an indigenous people had both communal land ownership and mineral rights over their territory. Laws which tried to dispossess them were 'racial discrimination'. The case concerned the 3,000 Richtersveld people who live in Northern Cape Province. They are from the Nama subgroup of Khoikhoi peoples, and have always lived in the area called Richtersveld until they were evicted in the 1950s to make way for a diamond mine, now owned by the South African government. Five years ago, the people took both the government and the mining company to court, claiming ownership rights over both 85,000 hectares of land and the minerals it contains. They lost the case but then appealed, and the appeal court ruled in their favour. But then the mining company itself appealed against the decision. The 14 October judgment, from the Constitutional Court, is final.
Sunday, September 28, 2003
Gold Fields to fight lawsuit
Johannesburg - Gold Fields, the second-largest gold producer in South Africa, will vigorously defend a lawsuit brought against to it by the company's former employees, said company officials on Monday.Ed Fagan, an American lawyer, and his South African counterpart, John Ngcebetsha, were expected to file the lawsuit in New York on Monday on behalf of Gold Fields' former workers. Fagan and Ngcebetsha claim that Gold Fields exposed more than 500 of its former employees to "dangerous working conditions leading to uranium contamination", and they seek compensation for that, Business Day reported on Monday. Willie Jacobsz of Gold Fields said the company received a letter from Fagan on April 22 telling them he and Ngcebetsha intended suing the gold producer. "I read that they may file; it could be today (Monday) that something could come up," Jacobsz said, adding Gold Fields had not yet received letters confirming that Fagan had filed the lawsuit. Business Day reported that Gold Fields was taking the lawsuit seriously, and would strenuously defend it. Fagan and Ngcebetsha demand compensation of up to $7bn (about R52bn). Ngcebetsha and Fagan are claiming billions of rands from Sasol, De Beers and Anglo American on behalf of victims of apartheid.
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