The Truth and Reconciliation Commission (TRC) Cases Inquiry Evidence Leader Adv Ishmael Semenya has told the Khulumani Support Group that it has little scope to consider issues of reparation for apartheid era human rights violations.
Khulumani’s Deputy Board Chair Mbuyiselo Botha testified at the Inquiry in Newtown, Johannesburg on Monday.
The group aims to have the matter of unpaid reparations to thousands of survivors considered in recommendations to President Cyril Ramaphosa.
The organisation says that the cut-off date of December 14, 1997, together with limited criteria for eligibility for reparations gave rise to a “closed list”, which has left thousands of victims without justice.
Semenya and Botha had an exchange on the matter.
Semenya says, “In all fairness, I need to say to you Mr Botha, that the commission is constrained to act only within the timelines of its terms of reference; you do accept that, don’t you? ”
Botha responded: “I do”
Semenya asked: “Its terms of reference broadly read contemplate constitutional damages as distinct from reparations. You accept that?”
Botha replied: “I do accept that. ”
Semenya further inquired, “As I read the Khulumani Support Group, they still mean to approach the High Court to fight the constitutionality of the closed list, yes, and that is an event yet to happen, am I right?”
Botha answered: “Yes. ”
REPARATION FOR VICTIMS
The Calata Group has clarified its position on the bid by the Khulumani to secure reparations for victims of apartheid era human rights violations.
The group, which represents 25 families, has been pushing for the establishment of the judicial commission and the bid for constitutional damages, linked to possible efforts to stop the prosecution of TRC cases.
In contrast, the Khulumani has been pushing for reparations for victims not included in a “closed list” prepared by the TRC from statements made before December 14, 1997, using limited criteria.
The group representing 120 000 victims and survivors will be approaching the courts to declare the closed list unlawful and wants reparations to be paid from the President’s Fund.
The Calata Group’s Legal Counsel, Adv Howard Varney says, “The families of the Calata Group, as they are known in this commission, did launch an application for constitutional damages, which is presently before the High Court, so I just want to confirm that is against the government.”
Varney says, “The President’s Fund is not a respondent in that matter; we seek no relief against that fund in that application, we make reference to the closed list, we say it is cruel and unjustified, but we say that the reparations is a separate matter and not part of that application.”
VIDEO | TRC Cases Inquiry on September 28, 2026:
