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South Africa: Apartheid Reparations Update
AFRICA ACTION
Africa Policy E-Journal
February 24, 2003 (030224)
South Africa: Apartheid Reparations Update
(Reposted from sources cited below)
This posting contains a media statement and additional background
from the Apartheid Debt and Reparations Campaign of Jubilee 2000
South Africa, on a new suit filed in New York Eastern District
Court against international corporations and banks for reparations
for their complicity in aiding and abetting apartheid. This builds
on the original suit filed last November, with the same defendants
but adding additional plaintiffs.
(See
http://www.africafocus.org/docs02/adr0211a.php> and
http://www.africafocus.org/docs02/adr0211b.php>).
Reparations lawsuits against U.S. companies for complicity in
slavery and the slave trade are also advancing in U.S. courts. The
suit filed in March 2002 in New York against Aetna, CSX
Corporation, and Fleet-Boston Financial Corporation has now been
consolidated with other suits in New Jersey, Virginia, North and
South Carolina, Mississippi, Louisana, and Texas. The first hearing
is scheduled in Chicago on Wednesday this week, February 26. (For
more information see the article by Dr. Conrad Worrill on the
website http://www.nbufront.org, plus references at
http://news.findlaw.com/legalnews/lit/slavery).
The reparations issue is also being raised in Kenya, with attention
intensifying with last week's anniversary of the February 18, 1957
execution of Mau Mau leader Dedan Kimathi. New historical research
and a BBC news special have raised questions of British liability
for torture, summary executions, and other human rights abuses
during the conflict, A multi-billion dollar suit may be filed
against the British government. (For more information see the
series of articles in the East African Standard for February 16 and
17, 2003, available on http://allafrica.com. The articles include
"The Battle for Reparations and Justice for All," "A Case of
Freedom Fighters Who Are Forgotten Heroes," "Crucial Documents that
Reconstruct the Past," "Yes, Gavaghan Was the Chief Torturer," all
on Feb. 16, and "Was Kenya Built on a Foundation of Evil" (Feb.
17).
+++++++++++++++++end summary/introduction+++++++++++++++++++++++
Apartheid Debt and Reparations Campaign
Media Statement
Friday, 21 February 2003
Backing for International Apartheid Reparations Grows
Jubilee South Africa welcomes the filing of a further major
apartheid reparations complaint against international corporations
and banks that aided and abetted the apartheid state, in the New
York Eastern District Court today.
Despite growing international popular opinion that the
multinational banks and businesses that propped up and profited
from apartheid abuses should acknowledge their complicity and take
measures to repair the damage their actions made possible, the
corporations have refused to take responsibility for their actions.
The campaign is now being backed up by concerned and highly
respected members of the legal fraternity. Finkelstein, Thompson
and Lougrhan, the American legal firm filing today's complaint,
have a long and distinguished history in class action litigation.
The complaint names seven banks, and thirteen international
corporations from Germany, Switzerland, Britain, the United States,
the Netherlands and France.
Instead of threatening undue economic and political pressure on
South Africa to stop the call for apartheid reparations, the
corporations and the governments of their home countries should
respect the right of citizens to legal recourse, as has the South
African government.
The relevant European and American governments should support the
South African government in its position regarding the lawsuits,
acknowledging that the rule of international human rights law must
be upheld.
We have always indicated that several legal suits would be filed by
various groups of victims and lawyers.
In today's complaint and those that preceded it, South Africans
express their commitment to the future of apartheid's victims, to
the protection of human rights, and to the rule of law.
<ends>
For comment please contact:
South Africa:
Neville Gabriel, Spokesperson: Apartheid Debt & Reparations
Campaign, cell. +27 83 449 3934; Charles Abrahams, Lawyer: Jubilee
SA, cell. +27 82 560 7152
Germany:
Theo Kniefel, German Campaign for Apartheid-Caused Debt
Cancellation & Reparations, tel. +49 (6221) 785545; Gottfried
Wellmer +49 (228) 694792; Anne Jung +49 69 944 3827
Switzerland:
Mascha Madoerin, Swiss Camapign for Apartheid-Caused Debt
Cancellation & Reparations, tel. +41 61 693 1700 ; Joe
Elsener, Swiss Campaign for Apartheid-Caused Debt Cancellation &
Reparations, tel. +41 41 375 7223
USA:
Bill Fletcher, Director: TransAfrica, tel. +1 202 223 1960
American Lawyers:
Douglas Thompson, Jr., Finkelstein, Thompson, Loughran, tel. +1
202 337-8000; Michael Hausfeld, Cohen, Milstein, Hausfeld & Toll
PLLC, tel. +1 202 408 4600
Summary of Plaintiffs
- Ms. Thitha Natalia Makhetha was a student in 1976 and member of
the Soweto Student Representative Council, involved in the Soweto
uprising. She was detained several times during 1976 and 1977, once
for four months at the Sebokeng Police station, where she was
tortured, and couldn't complete her school education. After the
Student Representative Councils (SRC's) were banned, Thitha and the
other members of the Soweto SRC executive were detained on March 6
Every morning they were taken to the Protea Police station
for interrogation where they were severely beaten and tortured. In
April 1979 while she was still detained, her father passed away and
she was not allowed to attend his funeral. She was continuously
reminded of this in an effort to torture her psychologically. She
was released on 11 July 1980.
- Ms. Violet Mapholohe Molekwa participated in the Soweto uprising
in 1976. The police opened fire on them, also using teargas, just
after they've shot Hector Peterson. Police dogs were used and
Violet was one of those bitten by the dogs and then arrested by the
police. She was taken to the John Vorster Square Police station.
Her parents weren't informed of her whereabouts for two weeks. She
was tortured in that time. After her release she joined the Student
Representative Council of Orlando West High school but was later
arrested among others when they held a meeting. She was taken
together with the leaders to John Vorster Square Police station for
questioning. There they were tortured and she ws detained for three
months without trial. After her release she went into hiding, since
a certain policeman called Hlubi, who was well known for killing
students, was looking for her. She was on the run for four months
and then tried to skip the country, but was caught by the Swaziland
police and deported back to South Africa, where she was forced to
stay in hiding.
- Mr. William Bhekumuzi Malaza is the brother of Sipho Bonaventure
Malaza who detained at the Krugersdorp prison in 1977, because of
his involvement in the Black Consciousness Movement of Azania
(BCMA). Sipho was tortured and died in custody. He was found hanged
with his waist belt in his cell. The state inquest found he
committed suicide, yet no belts were allowed in prison. During the
post-mortem, physical injuries indicated that Sipho was tortured
and assaulted. The police involved (names are listed) never applied
for amnesty at the Truth and Reconciliation Committee (TRC). A
fellow detainee at that time, R.L. Maseko, is currently Member of
Parliament and was a witness of these events.
- Ms. Makopi Beatrice Mogera was at work when riots took place in
1977. Her brother was an activist at the time and police searched
their home many times when looking for him. When they couldn't find
him, she was beaten and asked about his whereabouts. In 1978 Makopi
was detained while pregnant. The police used to strip her of her
clothes to parade naked before male police officers as a joke about
her huge tummy. If she refused, she was simply beaten and forced.
This continued until the baby was born. After her release she
developed speech problems, suffered severe headaches, as well as
loss of memory. She currently still receives medical treatment for
the above-mentioned problems, and her divorce was a result of the
severe effects the torture had on her.
- Ms. Onica Diutlwileng's son David was a high profile activist in
COSAS, MK and the Black Consciousness Movement of Azania (BCMA) and
detained and tortured many times between 1984 - 1990 (Krugersdorp,
Grootvlei and Johannesburg prisons). David was shot in the leg in
1990 and Onica's house burned down by the Kabasa gang - a gang
organised by the Police security branch to terrorise political
activists during the 1980's. The Police for years issued Onica with
house arrests banning her from attending public gatherings even
after 1994. On 9 February 1994 David was killed by the Kabasa gang
at home.
- Ms. Mbuyi Mhlauli wife of Scelo Stannely Mhlauli. Scelo Stannely
along with Mathew Goniwe, Fort Calata, Sparrow Mkhonto was killed
by the Police in what is now known as the "Cradock Four". Scelo
like the others played an important leadership role in the United
Democratic Front (UDF) at Cradock and other structures. Scelo
himself was stabbed 27 times and his body along with the other
three burned by Police.
International Apartheid Debt and Reparations Campaign: Declaration
January 2003
South Africans living under Apartheid were subject to racially
discriminatory laws governing every facet of their existence. These
laws restricted where black South Africans were allowed to live and
work and the types of jobs they could hold. Apartheid resulted in
mass arrests, forced relocation, the loss of homes, farms and
businesses, a lack of educational opportunity, poor housing and
living conditions, unrelenting misery for many, and overwhelming
injustices. Hundreds of thousands of black South Africans and
others who chose to stand against injustice were victims of
extra-judicial killings, torture, arbitrary detention and other
state sponsored violence. In the words of Nelson Mandela, "we
remain without homes, without food, without education we only know
that our people continue to die in violence on the trains, in
massacres, and by assassination."
Apartheid was directed not just at the majority of people in South
Africa but also at people in the neighbouring Africa countries.
These countries were attacked militarily, and destabilised
politically, economically and socially.
Beginning in 1950, the world community identified and condemned
apartheid as a crime against humanity - an extreme violation of
international law - and instituted a variety of sanctions against
the Apartheid regime in South Africa, including embargoes on
armaments, oil, and technology. However, a number of multinational
corporations ignored these pleas, evaded the embargoes, and
consciously continued to help the apartheid regime maintain its
system of oppression.
Recently, the South African Truth and Reconciliation Commission
found that "Business was central to the economy that sustained the
South African state during the apartheid years," and that certain
businesses helped design and implement apartheid, while others
benefited from cooperation with the security structures of the
former state.
Apartheid ended in 1994 with the election of Nelson Mandela as
President of the Republic of South Africa, but its consequences
live on in a legacy of loss and inequality, ranging across the
social and economic spectrum from job and educational opportunities
to housing and health care.
After four years of failed attempts to get multinational banks and
businesses that propped up the apartheid state to account for their
odious profiteering, the Apartheid Debt & Reparations Campaign
initiated the filing of legal complaints for reparations in New
York on behalf of victims of apartheid..
The corporations aided and abetted a crime against humanity. The
resulting social damage requires urgent repair. They made massive
profits while the suffering of the victims of apartheid
intensified. However, the banks and businesses consistently ignored
attempts to engage with them in discussion about their role in
supporting broad social programmes for the reconstruction and
development of affected communities and in compensating specific
individuals for the damage that they made possible.
Legal action was the only route left open to ensure that the truth
is known about the extent of corporate complicity in apartheid
abuses and that justice is delivered to those who suffered. The
victims cannot be left to pay for their own suffering.
Multinational corporations must be put on notice that complicity in
crimes against humanity does not pay.
We therefore call on the social movements and all organizations of
civil society to sustain and advance the call for:
- Reparation for apartheid victims of human rights violations as a
universally-accepted right, including cancellation of the odious
apartheid debt and apartheid caused debts;
- International law to protect and enhance the rights of poor and
marginalised individuals and communities;
- The right of civil society to file legal claims to ensure the
enforcement of their legitimate rights:
- Respect of all human rights and the dignity of all human beings;
We call on foreign governments to:
- Acknowledge that their corporations and banks aided, abetted, and
profited from apartheid;
- Respect the right of citizens to legal recourse and not to bring
undue pressure to bear on the South African government and other
stakeholders to stop the demand for reparation;
- Support the South African government in its position of
respecting and upholding the right of citizens to legal recourse;
- Acknowledge that the rule of international human rights law must
be upheld;
- Recognise that the peoples of South and Southern Africa for that
matter are entitled reparations;
We call on the multinational corporations that were complicit in
implementing and sustaining the system of apartheid to:
- Acknowledge that profiting from apartheid was a crime against
humanity and was wrong;
- Respect the right of citizens to legal recourse and not to use
their economic and political power to unduly influence the
positions of public representatives and decision-makers to stop the
call for reparations;
- Acknowledge that the rule of international human rights law must
be upheld; and to
- Immediately provide reparations to the people of South Africa
without having to wait for the lawsuit to take its course;
In endorsing this declaration we act for Justice and in agreement
with the International Apartheid Debt and Reparations Campaign:
+++++++++++++++++++++Document Profile+++++++++++++++++++++
Date distributed (ymd): 030224
Region: Southern Africa
Issue Areas: +political/rights+
The Africa Action E-Journal is a free information service
provided by Africa Action, including both original
commentary and reposted documents. Africa Action provides this
information and analysis in order to promote U.S. and
international policies toward Africa that advance economic,
political and social justice and the full spectrum of
human rights.
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