Government faces backlash over R2bn apartheid reparation delays

The Khulumani Support Group (KSG) has blamed the government for delaying the distribution of “R2 billion” to families of struggle icons, including Inkosi Albert Luthuli, killed by apartheid operatives. 

The group, which is fighting for apartheid victims, claims that the money, which is the reparation for the apartheid atrocities, has been sitting idle for years in the President's Fund waiting for the Department of Justice (DoJ) to come up with a reparation policy. 

However, the DoJ said over R882.7 million has already been disbursed to the victims. 

KSG National Director Dr Marjorie Jobson made the allegations when she was reacting to the Pietermaritzburg High Court ruling that ANC president-general Inkosi Albert Luthuli was actually killed by apartheid law enforcement. 

Judge Nompumelelo Radebe released the outcome of the National Prosecuting Authority-led reopened inquest, which she presided over, on Thursday.

She overturned Magistrate CI Boswell's initial inquest ruling in September 1967 that concluded that Luthuli’s death on July 21 was a result of being hit by an oncoming goods train. 

Boswell’s inquiry report stated that no one should be held accountable for the death of Africa’s first Nobel Peace Prize laureate.

Judge Radebe ruled that Luthuli was actually killed by the South African Police officers and employees of the South African Railway Company, while Bosswell, the police, and the medical staff participated in concealing the cause of death. 

While welcoming the latest ruling, Jobson raised concerns about the apartheid victims’ reparations, which she said were stalled by the DoJ for more than 22 years after the Truth and Reconciliation Commission (TRC) released recommendations.

“There has been no commitment to making good on reparations despite the large contributions made to the government for this purpose. The available funds now stand at over R2 billion,” said Jobson. 

She said Khulumani has been engaging the DoJ, which is responsible for the reparations, over the past 22 years, pleading for the adoption of an inclusive policy of reparatory justice. 

“Khulumani has relentlessly guarded the President’s Fund, which holds these funds,” said Dr Jobson.

It remained unclear whether the killers of Luthuli were still alive, as Judge Radebe said they could not be located. 

Jobson noted that many perpetrators of apartheid atrocities have died without facing accountability due to delays in resolving these cases, which was why Justice Sisi Khampepe was appointed to lead the current TRC Inquiry to investigate whether there was political interference in dealing with this matter.

Jobson said a few of the perpetrators who are still alive should be brought to justice, regardless of their frailty due to aging. 

“The need to advance accountability to end the impunity for these crimes is important,” she said.

Jobson said there were thousands of unresolved apartheid cases, although she said, according to TRC investigations head Advocate Dumisa Ntsebeza, had only identified 350 of them.

“The conclusion of the investigations he (Ntsebeza) oversaw for the prosecution of these cases, less than 100 cases remain where there might be a possibility of prosecution.

“The fact that the case files of 350 proposed and partially investigated prosecutions went missing from the NPA has signified a terrifying setback in the duty of the state to provide the truth to the victims in these cases,” she said.  

She said the mishandling of the apartheid crimes was “an immense proportion that discredits the work of the TRC”.

“There is a sense that our government was never wholeheartedly committed to fulfilling the agenda of justice for victims of apartheid crimes. 

“A Hawks team was tasked with investigations for these unresolved cases, and the Foundation for Human Rights has around 25 cases on the agenda for this work. 

“There are many, many more cases on Khulumani’s records that remain to be addressed in the service of justice for victims of apartheid crimes,” she said.

Disputing Jobson's allegation about the non-commitment to compensate the victims, DoJ Minister Mmamoloko Kubayi’s spokesperson, Terrence Manase, said the work to address reparations for victims of apartheid had started and was ongoing.

“Section 42(2) of the Promotion of National Unity and Reconciliation Act, together with the promulgated regulations, provides the legal framework for implementing Parliament-approved reparations. 

“Work continues within this framework to ensure all TRC recommendations are addressed,” he said. 

Manase said the TRC had identified 21,676 persons who, together with their dependents, were eligible for reparations.

He said in June 2003, Parliament approved four categories of reparations from TRC recommendations, which were once-off individual reparations which was R30,000 per victim, symbols and monuments, medical benefits, and other forms of social assistance and community rehabilitation. 

Manase said victims’ dependents were also assisted with exhumation and reburial of their loved ones’ remains and education fees for their children. 

He said the total amount already disbursed was over R882.7 million, which included over R53 million for interim reparations, over R497.9 million for final reparations, over R6 million for exhumation and reburial, over R155 million for higher education and training, and R170 million for basic education. 

“The remaining categories, including medical benefits, housing assistance, and community rehabilitation, are at advanced stages of regulatory development and will be implemented in due course.” 

He said the TRC Prosecutions Unit was actively processing the referred cases, which are at different stages in the court system.

 “A close-out report will be issued once these cases are finalised, providing details on the outcomes and confirmed instances of apartheid-related killings.

“The department remains committed to ensuring reparations reach eligible victims and their families, while also pursuing justice for unresolved cases in line with TRC recommendations,” said Manase.

bongani.hans@inl.co.za