Pretoria High Court rules against Thabo Mbeki and Brigitte Mabandla's bid to join R167 million lawsuit over TRC-era prosecutions, stating their reputations are not at legal risk in the current proceedings. Image: Thabo Mbeki/ Facebook
The Pretoria High Court has dismissed the application by former President Thabo Mbeki and former Justice Minister Brigitte Mabandla to intervene in the R167 million constitutional damages litigation stemming from apartheid-era atrocitie.
This lawsuit was filed by survivors and families of victims of apartheid crimes, alleging the state’s failure to pursue prosecutions of cases referred by the Truth and Reconciliation Commission (TRC)
Mbeki and Mabandla had argued that their reputations would be harmed if the court ruled in favour of claimants implying they obstructed TRC prosecutions. They maintained their intervention was essential to defend their dignity.
The Foundation for Human Rights and the families opposed this intervention, arguing that allowing it would open the floodgates to any individual who believes they might be implicated in the litigation, leading to legal chaos—and noting that the claims are directed at the state, not individuals.
Presiding Judge Anthony Millar rejected Mbeki and Mabandla’s contention. He noted that previous court rulings have already established that political interference delayed TRC prosecutions and that these findings are binding. On that basis, he concluded there was no necessity for specific findings against Mbeki or Mabandla, and thus no direct and substantial interest for them to intervene.
Millar also pointed out that the commission of inquiry, which the government has agreed to establish, provides the appropriate forum for Mbeki and Mabandla to present their version of events. If they believe they have been defamed, there are existing legal remedies for that in due course.
Meanwhile, the families have demanded the establishment of the commission to investigate political interference in TRC prosecutions—a demand the government initially resisted but has since accepted. They are simultaneously pursuing constitutional damages claims and requesting the creation of a trust fund to support survivors and pending TRC cases.
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