'WE'LL STILL MEET YOU IN COURT, CYRIL'

Families, survivors of crimes committed during apartheid have indicated their intention to challenge the president over inquiry

- NICOLA DANIELS

THE families and survivors of apartheid-era crimes have rejected the President's proposal that the inquiry into alleged improper influence in delaying or hindering the investigation and prosecution of these crimes also address the declaration of their rights and their constitutional damages claims.

Their reasoning is clear, a commission of inquiry lacks the legal authority to determine rights or grant remedies.

President Cyril Ramaphosa's announcement comes following settlement negotiations with families of victims of apartheid-era crimes who had sued the President and the government for constitutional damages over the gross human rights violations under apartheid.

The families alleged they were denied their right to justice due to political interference and suppression of the cases by the Truth and Reconciliation Commission (TRC), which was established to investigate political crimes such as murder, kidnapping, and torture during the apartheid regime.

"Following discussions involving The Presidency, the families and other government bodies cited in the application, there was a joint agreement to establish the Commission. While the parties have agreed to the establishment of the Commission of Inquiry, they were not able to reach a settlement on other matters in the application. These include the application for an order that declares the actions of various government entities unlawful and a violation of the applicants' rights, as well as the payment of constitutional damages by the State," Ramaphosa said.

The government maintains these issues should be addressed through the Commission of Inquiry, and will be included in its terms of reference.