Norton Rose Fulbright Represents the Helen Suzman Foundation in TRC Prosecutions Case

Norton Rose Fulbright South Africa is acting on behalf of the Helen Suzman Foundation (HSF) in its application to be admitted as an amicus curiae in the ongoing High Court litigation regarding the state’s failure to prosecute apartheid-era crimes.

The case concerns individuals who either did not apply for amnesty or were not granted it during the Truth and Reconciliation Commission (TRC) process. Despite evidence of their involvement in serious human rights violations, the state either declined to prosecute them or actively interfered to prevent such prosecutions.

The main application before the court seeks:

• Declaratory relief regarding the state’s failure to act,
• Constitutional damages totaling R167 million, and
• A commission of inquiry to investigate state interference in these prosecutions.

At the time of the HSF’s application, nearly all state respondents had withdrawn their opposition, with the National Director of Public Prosecutions (NDPP) remaining as the sole opposing party. Notably, former President Thabo Mbeki has expressed his intention to intervene, despite not being originally cited in the matter.

This case represents another significant step in our commitment to the protection of human rights. Thank you to our Social Impact team for their dedication to this important matter.